Amendments in relation to sentencing under service law

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

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Rehabilitation of Offenders Act 1974 (c. 53)

18G (1) The Rehabilitation of Offenders Act 1974 is amended as follows.

(2) In section 5 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences)—

(a) in subsection (1)(d), after ‘or section 209’ insert ‘or 224B’;

(b) in subsection (8), in paragraph (f) of the definition of ‘custodial sentence’, after ‘209’ insert ‘or 224B’.

Criminal Justice Act 1982 (c. 48)

18H In section 32(1A) of the Criminal Justice Act 1982 (sentences excluded from early release of prisoners to make the best use of the places available for detention), in paragraph (ca) (inserted by Part 2 of this Schedule), at the end insert ‘, including a sentence passed as a result of section 219ZA of the Armed Forces Act 2006’.

Crime and Disorder Act 1998 (c. 37)

18I (1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), for ‘or 222’ substitute ‘, 222 or 224B’.

(3) In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), for ‘or 222’ substitute ‘, 222 or 224B’.

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

18J (1) The Criminal Justice and Court Services Act 2000 is amended as follows.

(2) In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (g), for ‘or 218’ substitute ‘, 218 or 224B’.

(3) In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (c), after ‘209’ insert ‘or 224B’.

(4) In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (g), for ‘or 218’ substitute ‘, 218 or 224B’.

(5) In section 64A(8) (power to require attendance at drug testing appointment: interpretation), in paragraph (f) of the definition of ‘sentence of imprisonment’, after ‘209’ insert ‘or 224B’.

Sexual Offences Act 2003 (c. 42)

18K In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), for ‘or 218’ substitute ‘, 218 or 224B’.

Criminal Justice Act 2003 (c. 44)

18L In section 237(1B) of the Criminal Justice Act 2003 (as amended by the Sentencing Act 2020) (service sentences to be treated as equivalent sentences in England and Wales) —

(a) omit the ‘and’ before paragraph (e);

(b) at the end of that paragraph insert—

‘(f) references to a sentence of detention under section 252A of the Sentencing Code include a sentence of detention under section 224B of that Act;

(g) references to a sentence under section 268A or 282A of the Sentencing Code include such a sentence passed as a result of section 219ZA of that Act.’

Armed Forces Act 2006 (c. 52)

18M (1) The Armed Forces Act 2006 is amended as follows.

(2) In section 188 (power to pass consecutive custodial sentences), in subsections (2)(b) and (4)(b), after ‘209’ insert ‘or 224B’.

(3) In section 209 (sentence of detention for offender aged under 18), after subsection (7) insert—

‘(8) This section does not apply if the Court Martial is required to impose a sentence of detention under section 224B.’

(4) In section 210 (place and conditions of youth detention), after ‘209’, in each place it occurs (including in the heading), insert ‘or 224B’.

(5) In section 211(4) (cases in which detention and training order not required), after ‘221A’ insert ‘, 224B’.

(6) In section 213(3A) (as substituted by the Sentencing Act 2020 and as amended by Part 4 of this Schedule) (application of section 253 of the Sentencing Code), after ‘209’ insert ‘or 224B’.

(7) In section 219A(1) (availability of extended sentence for certain violent, sexual or terrorism offences), after paragraph (d) (but before the final ‘and’) insert—

‘(da) the court is not required—

(i) by section 268B(2) of the Sentencing Code (as applied by section 219ZA(4) of this Act) to impose a serious terrorism sentence of detention in a young offender institution for the offence or for an offence associated with it;

(ii) by section 282B(2) of the Sentencing Code (as applied by section 219ZA(7) of this Act) to impose a serious terrorism sentence of imprisonment for the offence or for an offence associated with it;’.

(8) In section 223 (meaning of ‘the required opinion’)—

(a) after subsection (1) insert—

‘(1A) ‘The required opinion’ for the purposes of section 219ZA is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—

(a) further serious terrorism offences or other specified offences; or

(b) further acts or omissions that would be serious terrorism offences or other specified offences if committed in England or Wales.’;

(b) in subsection (4) (as amended by the Sentencing Act 2020), after the definition of ‘serious harm’ insert—

‘“serious terrorism offence” has the meaning given by that section;’.

(9) In section 224A (special custodial sentence for offenders of particular concern)—

(a) in subsection (1) (as amended by the Sentencing Act 2020), in paragraph (d)—

(i) omit the ‘or’ at the end of sub-paragraph (i);

(ii) after sub-paragraph (ii) insert ‘, or”;

(b) after subsection (3) insert—

‘(3A) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.’

(10) In section 227(3) (as amended by the Sentencing Act 2020) (minimum sentence for certain firearms offences), for the words from ‘, the reference’ to the end substitute ‘—

(a) the reference to a sentence of detention under section 250 of that Code is to be read as a reference to a sentence of detention under section 209 of this Act, and

(b) the reference to a sentence of detention under section 252A of that Code is to be read as a reference to a sentence of detention under section 224B of this Act.’

(11) In section 238(6) (as inserted by the Sentencing Act 2020) (offences aggravated by terrorist connection)—

(a) omit the ‘and’ at the end of paragraph (a);

(b) after paragraph (a) insert—

‘(aa) the reference in subsection (4)(c) to an offence not specified in Schedule A1 includes a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is not specified in Schedule A1, and’;

(c) in paragraph (b), for “(1)” substitute ‘(5)(b)’.

(12) In section 246 (crediting of time in custody), in subsection (6)(a), after ‘209’ insert ‘or 224B’.

(13) In section 256(1)(c) (cases where pre-sentence report to be considered), after ‘219(1),’ insert ‘219ZA(1)(d),’.

(14) In section 260 (as amended by the Sentencing Act 2020) (discretionary custodial sentences: general restrictions) —

(a) in subsection (1)—

(i) for ‘This section applies’ substitute ‘Subsection (2) applies;

(ii) after paragraph (c) insert—

(b) in subsection (4B), before paragraph (a) insert—

‘(za) section 268C(2) or 282C(2) of the Sentencing Code, as applied by section 219ZA of this Act (serious terrorism sentences for offenders aged 18 or over),’.

(15) In section 261 (as amended by the Sentencing Act 2020) (length of discretionary custodial sentences: general), in subsection (1), after paragraph (b) insert—

‘(ba) section 268A or 282A of the Sentencing Code as a result of section 219ZA (serious terrorism sentences),’.

(16) In section 262A (as inserted by the Sentencing Act 2020) (application of section 329 of the Sentencing Code)—

(a) after subsection (2) insert—

‘(2A) In subsection (4A)—

(a) paragraph (a) has effect as if, for “252A”, there were substituted “224B of the Armed Forces Act 2006”;

(b) paragraph (b) has effect as if, after “265”, there were inserted “passed as a result of section 224A of the Armed Forces Act 2006”;

(c) the words after paragraph (b) have effect as if, after “278”, there were inserted “passed as a result of section 224A of the Armed Forces Act 2006”.’;

(b) after subsection (3) insert—

‘(3A) Subsection (5A) has effect as if, at the end, there were inserted “passed as a result of section 219ZA(7) of the Armed Forces Act 2006.’;

(c) in subsection (4)—

(i) after the paragraph (a) treated as substituted in subsection (7) of section 329 of the Sentencing Code insert—

(ii) after the paragraph (d) treated as substituted in subsection (7) of section 329 of the Sentencing Code insert—

(17) In section 374 (interpretation of Act), in the definition of ‘custodial sentence’ (as amended by the Sentencing Act 2020), in paragraph (b), for ‘or 221A’ substitute ‘, 221A or 224B’.

Counter-Terrorism Act 2008 (c. 28)

18N In paragraph 5(1)(a)(iv) of Schedule 6 to the Counter-Terrorism Act 2008 (service sentences of youth detention attracting notification requirements for terrorist offenders), after ‘209’ insert ‘or 224B’.

Sentencing Act 2020

18O (1) The Sentencing Act 2020 is amended as follows.

(2) In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after ‘209’ insert ‘or 224B’.

(3) In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after ‘209’ insert ‘or 224B’.

(4) In section 248(4) (meaning of ‘relevant sentence of detention’), in paragraph (c), after ‘209’ insert ‘or 224B’.

(5) In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from ‘, the reference’ to the end substitute ‘—

(a) the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;

(b) the reference in section 224B(1)(c)(ii) to an extended sentence of detention under section 254 of the Sentencing Code includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003.’”

This amendment makes amendments to enactments which are consequential on the provisions of Schedule 8 to the Bill (changes to the sentencing regime under service law corresponding to those made to the sentencing regimes in England and Wales, Scotland and Northern Ireland).

Amendment 31, schedule 13, page 116, line 7. at end insert—

“Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

30A In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (as amended by Part 8 of this Schedule) (length of custodial sentences to be reduced for periods already spent in custody), after ‘Article’ insert ‘13A(6),’.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

30B In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (as amended by Part 8 of this Schedule) (rehabilitation periods for particular sentences), in paragraph (9)(b), after ‘Article’ insert ‘13A(6) or’.

Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))

30C In Article 44(1A) of the Mental Health (Northern Ireland) Order 1986 (sentences requirement to impose which does not prevent making of hospital or guardianship order), in sub-paragraph (c), after ‘13’ insert ‘, 13A’.

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

30D (1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of ‘custodial sentence’, after ‘13(4)(b)’ insert ‘, 13A(6)’.

(3) In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), after ‘13’ insert ‘, 13A’.

(4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), after ‘13’ insert ‘, 13A’.

(5) In Article 13(1) (power to make community service order subject to sentencing requirements), after ‘13’ insert ‘, 13A’.

(6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), after ‘13’ insert ‘, 13A’.

Counter-Terrorism Act 2008 (c. 28)

30E In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish sentences attracting notification requirements), in paragraph (a), after sub-paragraph (iii) insert—

‘(iiia) a serious terrorism sentence under Article 13A(6) of that Order (offenders under 21 convicted of certain serious terrorist or terrorism-related offences),’.”

This amendment makes amendments to various enactments which are consequential on the introduction of the new serious terrorism sentence in Northern Ireland by clause 7.

Amendment 32, schedule 13, page 117, line 24, at end insert—

“Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

31A In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (length of custodial sentences to be reduced for periods already spent in custody), after ‘14(5)’ insert ‘or 15A(5)’.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

31B In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in paragraph (9)(b), after ‘centre’ insert ‘, a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008’.

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

31C (1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of ‘custodial sentence’, for ‘or 14(5)’ substitute ‘, 14(5) or 15A(5)’.

(3) In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.

(4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.

(5) In Article 13(1) (power to make community service order subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.

(6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), for ‘or 14’ substitute ‘, 14 or 15A’.

Sexual Offences Act 2003 (c. 42)

31D In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), after paragraph (l) of that section as it forms part of the law of England and Wales and Scotland, and after paragraph (m) of that section as it forms part of the law of Northern Ireland, insert—

‘(n) a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008’.

Counter-Terrorism Act 2008 (c. 28)

31E In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish sentences attracting notification requirements), in paragraph (a), after sub-paragraph (iv) insert—

‘(iva) a sentence under Article 15A(5) of that Order (offenders under 21 convicted of certain terrorist or terrorism-related offences),’.”

This amendment adds consequential amendments to ensure that young offenders given the new type of sentence introduced in Northern Ireland by clause 24 are treated in the same way, for various statutory purposes, as those serving an ordinary sentence of youth detention.

Amendment 33, schedule 13, page 119, line 34, at end insert—

“Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))

35 (1) In section 55(2) of the Justice Act (Northern Ireland) 2016 (prisoners who may be removed early from prison if liable to removal from the United Kingdom), for the words from ‘serving an’ to the end substitute ‘—

(a) who is serving an extended custodial sentence under Article 14 of the 2008 Order, or

(b) to whom Article 20A of that Order applies.’

(2) In the case of a person—

(a) who has been removed from prison under section 55(2) of the Justice Act (Northern Ireland) 2016 before the amendment made by sub-paragraph (1) comes into force, and

(b) to whom Article 20A of the Criminal Justice (Northern Ireland) Order 2008 applies,

subsection (3) of that section continues to apply to the person despite that amendment, but as if for the words ‘has served the requisite custodial period’ there were substituted ‘becomes entitled to be released in accordance with Article 20A of the 2008 Order’.”

This amendment excludes terrorist prisoners subject to the restricted regime for early release in Northern Ireland introduced by clause 30 from early removal from prison for the purpose of removal from the United Kingdom.

Amendment 34, schedule 13, page 119, line 34, at end insert—

“Parole Commissioners’ Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)

36 (1) The Parole Commissioners’ Rules (Northern Ireland) 2009 are amended as follows.

(2) In rule 2(1) (application of the rules), after ‘Articles 18’ insert ‘, 20A’.

(3) In rule 7(2) (persons who may act as representatives of prisoner only with consent of Chief Commissioner), in paragraph (b), for the words from ‘sentenced to’ to the end substitute ‘who —

(i) is on licence having been released under Article 18 or 20A of the 2008 Order, or

(ii) is a person to whom Article 18 or 20A of that Order applies and who is on licence having been released under Article 20 of that Order;’.

(4) In rule 25 (application of rules to recalled life, indeterminate and extended custodial prisoners)—

(a) in the heading after ‘custodial’ insert ‘and terrorist’;

(b) in the words before paragraph (a), for ‘an indeterminate custodial or extended custodial prisoner’s case’ substitute ‘the case of a prisoner who was released on licence under Article 18 or 20A of the 2008 Order’.

(5) In rule 26 (short custodial terms)—

(a) for paragraph (1) substitute—

‘(1) Subject to paragraph (2), where—

(a) the Department of Justice refers to the Commissioners—

(i) the case of an extended custodial prisoner under Article 18 of the 2008 Order, or

(ii) the case of any prisoner under Article 20A of that Order, and

(b) the relevant part of the prisoner’s sentence is less than 26 weeks;

these rules shall apply subject to the modifications made by rule 25(a).’;

(b) after paragraph (2) insert—

‘(3) For the purposes of paragraph (1)(b), the “relevant part of the sentence”—

(a) in the case of an extended custodial prisoner to whom Article 18 of the 2008 Order applies, means one half of the appropriate custodial term of the sentence as defined by Article 14(4) or 14(6) of that Order;

(b) in the case of a prisoner to whom Article 20A of that Order applies, has the meaning given by paragraph (9) of that Article;

and in determining the length of that part any reduction required by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 is to be taken into account.’”—(

This amendment makes amendments to Parole Commissioners’ Rules (Northern Ireland) 2009 which are consequential on the new arrangements for restricted early release of terrorist prisoners provided for in clause 30 of the Bill.

Schedule 13, as amended, agreed to.