Consequential and related amendments

Counter-Terrorism and Sentencing Bill – in a Public Bill Committee at 2:15 pm on 7th July 2020.

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Photo of Chris Philp Chris Philp The Parliamentary Under-Secretary of State for the Home Department 2:15 pm, 7th July 2020

I beg to move amendment 10, in schedule 13, page 102, line 22, at end insert—

“Criminal Justice Act 1982 (c. 48)

6A In section 32 of the Criminal Justice Act 1982 (early release of prisoners to make the best use of the places available for detention, subject to certain exceptions)—

(a) in subsection (1)(a), after “protection” insert “, a serious terrorism sentence”;

(b) in subsection (1A), after paragraph (c) insert—

“(ca) references to a serious terrorism sentence are to a sentence under section 268A or 282A of the Sentencing Code;”.

Mental Health Act 1983 (c. 20)

6B In section 37 of the Mental Health Act 1983 (as amended by the Sentencing Act 2020) (power of courts to order hospital admission etc)—

(a) in subsection (1A), for “273, 274” substitute “268A, 273, 274, 282A”;

(b) in subsection (1B), after paragraph (a) insert—

“(aa) a sentence falls to be imposed under section 268A or 282A of that Code if it is required by section 268B(2) or 282B(2) of that Code and the court is not of the opinion there mentioned;”.”

This amendment excludes an offender serving a serious terrorism sentence from the possibility of early release under the Criminal Justice Act 1982 and provides that a requirement to impose a serious terrorism sentence does not prevent a court from ordering the offender’s detention in hospital in cases where the offender suffers from a mental disorder.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

With this it will be convenient to discuss Government amendments 11 to 13.

Photo of Chris Philp Chris Philp The Parliamentary Under-Secretary of State for the Home Department

Amendment 10 amends section 32 of the Criminal Justice Act 1982 and it is to exclude the serious terrorism sentence in England and Wales from the power of the Secretary of State to make an order to release certain prisoners, as may be necessary in emergency circumstances. Amendment 11 amends section 264 of the Criminal Justice Act 2003, so that a serious terrorism sentence for those aged between 18 and 20, which is a sentence to detention, shall be for the purpose of the section considered as a sentence of imprisonment. These are all consequential to clauses that we have debated previously.

Amendment 12 is in several parts, but essentially it amends section 15 of the sentencing code, which provides for committal of dangerous offenders to the Crown court so the serious terrorism sentence is included and the court has power to commit. The purpose of the second part of the amendment is to ensure that the principal guidelines duty, which requires the court to consider any relevant guidelines that apply under section 59 of the sentencing code, is amended to include a reference at subsection (2) to the serious terrorism sentence, clarifying that the duty is subject to the provisions of the serious terrorism sentence that we debated a few days ago. The purpose of the third part of the amendment is to amend section 120 of the sentencing code, which provides the Crown court with the power to fine an offender instead of, or in addition to, any other sentence in disposal.

Amendment 13 inserts a reference to the serious terrorism sentence into section 262(3) of the sentencing code, referring the court to section 399 of that code.

As you will have gathered, Mr McCabe, these are technical or consequential amendments to various measures we debated earlier in the Committee’s proceedings.

Amendment 10 agreed to.

Amendments made: 11, in schedule 13, page 103, line 16, at end insert—

“(9) In section 264(7) (as amended by the Sentencing Act 2020) (application of provisions about consecutive sentences of imprisonment to sentences of detention), for “or 266” substitute “, 266 or 268A”.”

This amendment ensures that the provisions in section 264 of the Criminal Justice Act 2003 (dealing with treatment of consecutive sentences) will apply in relation to serious terrorism sentences including such sentences of detention in a young offender institution.

Amendment 12, in schedule 13, page 103, line 23, at end insert—

“(1A) In section 15 (committal for sentence of dangerous adult offenders)—

(a) after subsection (1) insert—

(1A) This section also applies where—

(a) on the summary trial of an offence specified in Schedule 17A triable either way a person is convicted of the offence, and

(b) the court is of the opinion that the circumstances are such that a serious terrorism sentence (see section 268A or 282A) may be required to be imposed.”;

(b) in subsection (6), for “a specified offence” substitute “an offence”.

(1B) In section 59(2) (provisions to which duty to follow sentencing guidelines is subject), after paragraph (g) insert—

“(ga) sections 268B and 282B (requirement to impose serious terrorism sentence);”.

(1C) In section 61 (sentencing guidelines: extended sentences and life sentences)—

(a) in the heading, after “extended sentences” insert “, serious terrorism sentences”;

(b) after subsection (2) insert—

(2A) Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.

(2B) In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.”

(1D) In section 120(2)(a) (exceptions to the general power to fine offender convicted on indictment), after sub-paragraph (ii) (but before the final “or”) insert—

(iia) paragraph (ba) (serious terrorism sentences),”.”

This amendment makes amendments to certain provisions in the Sentencing Code, which are consequential on the introduction of the new serious terrorism sentence.

Amendment 13, in schedule 13, page 104, line 10, at end insert—

“(4A) In section 262(3) (circumstances in which detention in young offender institution required), after “mentioned in” insert “—

(a) section 399(ba) (serious terrorism sentences);

(b) ”.”—

This amendment makes an amendment to section 262 of the Sentencing Code consequential on the introduction of the new serious terrorism sentence.

Photo of Chris Philp Chris Philp The Parliamentary Under-Secretary of State for the Home Department

I beg to move amendment 14, in schedule 13, page 104, line 27, leave out paragraph (a).

This amendment removes an unnecessary consequential amendment.

Photo of Steve McCabe Steve McCabe Labour, Birmingham, Selly Oak

With this it will be convenient to discuss Government amendment 15.

Photo of Chris Philp Chris Philp The Parliamentary Under-Secretary of State for the Home Department

The purpose of the amendments is to remove unnecessary consequential amendments, which included a reference to a serious terrorism sentence in sections 273 and 274 of the sentencing code, which was advanced when the Bill was presented to Parliament. Paragraph (a) is removed to ensure legal clarity and the effect is to remove these amendments from the Bill.

Amendment 14 agreed to.

Amendments made: 15, schedule 13, page 105, line 6, leave out paragraph (a).

This amendment removes an unnecessary consequential amendment.

Amendment 16, schedule 13, page 106, line 11, at end insert—

“Rehabilitation of Offenders Act 1974 (c. 53)

10A In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (as amended by the Sentencing Act 2020) (rehabilitation periods for particular sentences)—

(a) in subsection (1)(d), after ‘or section 250’ insert ‘or 252A’;

(b) in subsection (8)(f), before ‘of the Sentencing Code’ insert ‘or 252A’.”

This amendment and amendments 17, 18, 20 to 22, 24 and 27 to 29 add consequential amendments to ensure that young offenders given the new type of sentence introduced by clause 22(2) are treated in the same way, for various statutory purposes, as those serving an ordinary sentence of youth detention.

Amendment 17, schedule 13page 106, line 23, at end insert—

“Criminal Justice and Public Order Act 1994 (c. 33)

12A In section 25(5) of the Criminal Justice and Public Order Act 1994 (as amended by the Sentencing Act 2020) (restriction of bail for certain offenders: interpretation), in paragraph (a) of the definition of ‘the relevant enactments’, after ‘250’ insert ‘or 252A’.”

See the explanatory statement for amendment 16.

Amendment 18, schedule 13, page 106, line 25, at beginning insert—

“(1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 38(4) (as amended by the Sentencing Act 2020) (youth justice services to be provided by local authorities), in paragraph (i), after ‘250,’ insert ‘252A,’.

(3) In section 41(5)(i) (as amended by the Sentencing Act 2020) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), after ‘250,’ insert ‘252A,’.”

See the explanatory statement for amendment 16.

Amendment 19, schedule 13, page 106, line 25, leave out “of the Crime and Disorder Act 1998”.

This amendment is consequential on amendment 18.

Amendment 20, schedule 13, page 106, line 32, at end insert—

“Criminal Justice and Court Services Act 2000 (c. 43)

13A (1) The Criminal Justice and Court Services Act 2000 is amended as follows.

(2) In section 62(5) (as amended by the Sentencing Act 2020) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (d), after ‘250’ insert ‘or 252A’.

(3) In section 62A(4) (as amended by the Sentencing Act 2020) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (b), after ‘250’ insert ‘or 252A’.

(4) In section 64(5) (as amended by the Sentencing Act 2020) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (d), after ‘250’ insert ‘or 252A’.

(5) In section 64A(8) (as amended by the Sentencing Act 2020) (power to require attendance at drug testing appointment: interpretation), in paragraph (c) of the definition of ‘sentence of imprisonment’, after ‘250’ insert ‘or 252A’.”

See the explanatory statement for amendment 16.

Amendment 21, schedule 13, page 106, line 36, at end insert—

“Sexual Offences Act 2003 (c. 42)

14A In section 131 of the Sexual Offences Act 2003 (as amended by the Sentencing Act 2020) (application of notification requirements and orders to young offenders), in paragraph (h), after ‘250’ insert ‘, 252A’.”

See the explanatory statement for amendment 16.

Amendment 22, schedule 13, page 107, line 21, at end insert—

“(6A) In section 263(4) (as amended by the Sentencing Act 2020) (sentences of detention to which provision about concurrent terms applies), after ‘250,’ insert ‘252A,’.”

See the explanatory statement for amendment 16.

Amendment 23, schedule 13, page 107, line 22, leave out from “264” to “after” on line 23 and insert “(as amended by the Sentencing Act 2020) (consecutive sentences)—

(a) in subsection (6A)(a),”.

This amendment is consequential on amendment 24.

Amendment 24, schedule 13, page 107, line 24, at end insert—

“(b) in subsection (7), after ‘250,’ insert ‘252A,’.

(8) In section 327(3) (as amended by the Sentencing Act 2020) (sentences attracting risk assessment measures for sexual or violent offenders), in paragraph (b)(v), after ‘250’ insert ‘or 252A’.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

15A In section 45(1) of the Domestic Violence, Crime and Victims Act 2004 (as amended by the Sentencing Act 2020) (victims’ representations and information: interpretation), in the definition of ‘relevant sentence’, after ‘250’ insert ‘or 252A’.”

See the explanatory statement for amendment 16.

Amendment 25, schedule 13, page 107, line 26, at beginning insert—

“(1) The Armed Forces Act 2006 is amended as follows.”

This amendment is consequential on amendment 27.

Amendment 26, schedule 13, page 107, line 26, leave out “of the Armed Forces Act 2006”.

This amendment is consequential on amendment 27.

Amendment 27, schedule 13, page 107, line 29, at end insert—

“(3) In section 213(3A) (as substituted by the Sentencing Act 2020) (application of section 253 of the Sentencing Code), after ‘250’ insert ‘or 252A’.

(4) In section 227(3) (as amended by the Sentencing Act 2020) (minimum sentence for certain firearms offences), after ‘250’ insert ‘or 252A’.”

See the explanatory statement for amendment 16.

Amendment 28, schedule 13, page 107, line 36, at end insert—

“Counter-Terrorism Act 2008 (c. 28)

17A In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences attracting notification requirements), after paragraph (via) (but before the final ‘or’) insert—

‘(vib) detention under section 252A of the Sentencing Code (special sentence for terrorist offenders of particular concern aged under 18),’.”

See the explanatory statement for amendment 16.

Amendment 29, schedule 13, page 110, line 36, at end insert—

“Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

18A In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991 (as amended by the Sentencing Act 2020) (custodial sentences disapplying section 25 of the Children Act 1989), before ‘or 259’ insert ‘, 252A’.

Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)

18B In article 4(2) of the Youth Justice Board for England and Wales Order 2000 (as amended by the Sentencing Act 2020) (functions exercisable by the Youth Justice Board concurrently with the Secretary of State)—

(a) in paragraph (a), before ‘or 259’ insert ‘, 252A’;

(b) in paragraph (m)(ii), before ‘or 259’ insert ‘, 252A’.

Child Benefit (General) Regulations 2006 (S.I. 2006/223)

18C In regulation 1(3) of the Child Benefit (General) Regulations 2006 (as amended by the Sentencing Act 2020) (interpretation of Regulations), in paragraph (a) of the definition of ‘penalty’, after ‘250,’ insert ‘252A,’.

Employment and Support Allowance Regulations 2008 (S.I. 2008/794)

18D In regulation 160(5) of the Employment and Support Allowance Regulations 2008 (as amended by the Sentencing Act 2020) (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after ‘250’ insert ‘, 252A’.

Employment and Support Allowance Regulations 2013 (S.I. 2013/379)

18E In regulation 96(6) of the Employment and Support Allowance Regulations 2013 (as amended by the Sentencing Act 2020) (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after ‘250’ insert ‘, 252A’.

Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298))

18F In regulation 14(a) of the Children (Secure Accommodation) (Wales) Regulations 2015 (as amended by the Sentencing Act 2020) (sentences of detention disapplying section 119 of the Social Services and Well-being (Wales) Act 2014), after ‘250’ insert ‘, 252A’.”

See the explanatory statement for amendment 16.

Amendment 47, schedule 13, page 110, line 36, at end insert—