Criminal Justice Bill

Part of the debate – in the House of Lords at 10:30 pm on 14 October 2003.

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Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management) 10:30, 14 October 2003

moved Amendments Nos. 212HZC to 212HG:

Page 267, line 10, leave out "a mandatory life sentence" and insert "one or more mandatory life sentences"

Page 267, line 11, at end insert "(whether or not he is also serving any other sentence)"

Page 267, leave out lines 12 to 14 and insert—

""life sentence" means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales; "mandatory life sentence" means a life sentence passed in circumstances where the sentence was fixed by law."

Page 267, line 16, after "who" insert "in respect of any mandatory life sentence"

Page 267, line 23, after "must" insert "in relation to the mandatory life sentence"

Page 267, line 33, after "prisoner" insert "in respect of the sentence"

Page 268, line 20, after "who" insert "in respect of any mandatory life sentence"

Page 268, line 25, at end insert "in relation to the mandatory life sentence"

Page 270, line 13, leave out paragraph 16 and insert—

"16 (1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications.

(2) Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to—

(a) an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and

(b) an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.

(3) Any reference to the relevant part of the sentence is to be read—

(a) in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and

(b) in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).

(4) In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one—

(a) in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or

(b) in respect of which paragraph 3(3) applies.

16A In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of "life prisoner", the reference to a transferred prisoner as defined by section 258 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act."

On Question, amendments agreed to.

Schedule 18, as amended, agreed to.

Clause 262 agreed to.