Sentencing Bill 2024-26

46

Clause 1, page 1, line 14, leave out “not more” and insert “less”

<p>The presumption for a suspended sentence would apply to sentences of less than 12 months.</p>

47

Clause 1, page 1, line 14, after “months” insert “before any credit is given for a guilty plea”

<p>The presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea.</p>

50

Clause 1, page 1, line 17, after “order” insert “with the maximum operational period”

<p>This would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

48

Clause 1, page 3, line 8, after “individual” insert “or the public”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at significant risk of harm.</p>

49

Clause 1, page 3, line 8, after “at” leave out “significant”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at risk of harm.</p>

51

Clause 1, page 4, line 3, leave out “not more” and insert “less”

<p>The presumption for a suspended sentence would apply to sentences of less than 12 months.</p>

52

Clause 1, page 4, line 3, after “12 months” insert “before any credit is given for a guilty plea”

<p>The presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea (typically one third).</p>

55

Clause 1, page 4, line 6, after “order” insert “with the maximum operational period”

<p>This would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

36

Clause 1, page 4, line 11, at end insert “, or the court is of the opinion that, having considered the basis of opinion provisions in section 77 Sentencing Act 2020, it should mitigate the sentence to one of a community sentence as provided for in that section.”

53

Clause 1, page 5, line 15, after “individual” insert “or the public”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at significant risk of harm.</p>

54

Clause 1, page 5, line 15, leave out “significant”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at risk of harm.</p>

26

Page 1, line 4, leave out Clause 1

27

Page 6, line 23, leave out Clause 2

29

Clause 3, page 10, leave out lines 4 to 6 and insert—<br> “(3) For the purposes of subsection (2), “monthly income” means monthly income after deduction of—<br> (a) such amounts as are required to be paid or deducted from the offender’s income under, or by virtue of, any enactment, or<br> (b) such amounts as may be specified in the regulations.”

<p>This amendment changes the definition of “monthly income” for the purposes of income reduction orders so that any amount of money that is required to be paid or deducted from an offender’s monthly income as a result of other enactments (such as child support maintenance payments or under an attachment of earnings order) is not counted for those purposes.</p>

30

Clause 6, page 14, leave out lines 29 to 32 and insert—<br> “(1) This section applies if—<br> (a) a court is passing sentence for an offence,<br> (b) the court has indicated that it appears the offence may have involved domestic abuse, and<br> (c) having regard to any evidence and any representations that are made by or on behalf of the offender or the prosecution, the court is of the view that the offence involved domestic abuse.”

<p>This amendment introduces two procedural safeguards before a court can record that an offence involved domestic abuse: first, the court must have indicated that it appears the offence may have involved domestic abuse; and, second, the court must have given an opportunity to the offender and prosecution to adduce evidence and make representations before coming to the view that an offence involved domestic abuse.</p>

31

Clause 6, page 15, leave out lines 9 to 12 and insert—<br> “(1) This section applies if—<br> (a) a court or officer is passing sentence for an offence,<br> (b) the court or officer has indicated that it appears the offence may have involved domestic abuse, and<br> (c) having regard to any evidence and any representations that are made by or on behalf of the offender or the prosecution, the court or officer is of the view that the offence involved domestic abuse.”

<p>This amendment introduces two procedural safeguards before a court can record that a service offence involved domestic abuse: first, the court must have indicated that it appears the service offence may have involved domestic abuse; and, second, the court must have given an opportunity to the offender and prosecution to adduce evidence and make representations before coming to the view that the service offence involved domestic abuse.</p>

38

Page 35, line 19, leave out Clause 18

39

Page 35, line 32, leave out Clause 19

24

Clause 20, page 37, line 14, at end insert—<br> “(ab) but sections 244ZA(8)(a) and (aa) do not apply to any person convicted of—<br> (a) rape;<br> (b) assault by penetration; <br> (c) rape of a child under 13; <br> (d) assault of a child under 13 by penetration;<br> (e) inciting a child under 13 to engage in sexual activity;<br> (f) paying for the sexual services of a child aged under 13; <br> (g) kidnapping or false imprisonment with the intention of committing a sexual offence;<br> (h) creating or possessing indecent photographs of children; <br> (i) grievous bodily harm;<br> (j) grooming; <br> (k) stalking; <br> (l) causing or allowing the death of a vulnerable child or adult; or<br> (m) death by dangerous driving, and <br> (ac) but sections 244ZA(8)(a) and (aa) cannot come into force until the Secretary of State has consulted on and ensured exclusions for all offences considered to be serious violence, offences against children, sexual offences and domestic abuse offences, and”

<p>This amendment would disapply the clause 20 early release provisions of the Bill in relation to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.</p>

28

Page 36, line 14, leave out Clause 20

41

Clause 24, page 46, leave out lines 20 to 23

<p>This amendment would leave out the Bill’s provision to give probation officers more discretion in relation to licence conditions.</p>

34

Clause 24, page 46, line 23, at end insert—<br> “(c) after subsection (4A) insert—<br> “(4B) In exercising any power under subsection (4)(b), the Secretary of State must have regard to any representations made by the offender.””

<p>This amendment introduces a right for those being made subject to licence conditions to make representations as to their necessity and proportionality.</p>

35

Clause 24, page 46, line 23, at end insert—<br> “(c) after subsection (4A) insert—<br> “(4B) The Secretary of State must not include a condition under subsection (4)(b)(di) (a restriction zone condition) in a licence, either on release or subsequently, or vary or cancel any such condition included in a licence, unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).””

<p>This amendment introduces a requirement for the Parole Board to have oversight of new restriction zones which will confine offenders to specific areas in the community while on licence.</p>

44

Clause 24, page 48, line 17, at end insert—<br> “(10) The Secretary of State must, before laying regulations commencing subsection (4) of this section, undertake an assessment of the potential effects of a driving prohibition condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (11) The Secretary of State must lay before Parliament a report of the assessment carried out under subsection (10) including recommendations on—<br> (a) offender rehabilitation,<br> (b) offender reintegration, and<br> (c) any other matters that the Secretary deems appropriate.”

<p>This amendment would require the Secretary of State, before commencing the driving prohibition provisions in the Bill, to publish a report on their potential effects on the ability of ex-offenders to attend employment, education and rehabilitation providers.</p>

45

Clause 24, page 48, line 17, at end insert—<br> “(10) The Secretary of State must, before laying regulations commencing subsection (7) of this section, undertake and publish an assessment of the potential effects of a restriction zone condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (11) The court may provide for exemptions in a restriction zone condition to allow a person to attend employment, education or a rehabilitation programme.<br> (12) A probation officer may vary a restriction zone condition imposed by the court to allow a person to attend employment, education or a rehabilitation programme.<br> (13) The Secretary of State must lay before Parliament, each year, a report on—<br> (a) the number of people subject to a restriction zone condition,<br> (b) the number of cases where a restriction zone condition has included an exemption or modification to allow a person to attend employment, education or a rehabilitation programme, and<br> (c) evidence on the effects of restriction zone conditions on reoffending and rehabilitation.”

<p>This amendment would require the Secretary of State, before implementing the relevant provisions, to assess the potential effects of a restriction zone condition on an ex-offender’s ability to attend education, employment or a rehabilitation programme. It would allow for exemptions to restriction zone conditions, and require an annual report on their use and effectiveness.</p>

33

Clause 26, page 50, line 3, at end insert—<br> “(1A) In section 254 (recall of prisoners while on licence), in subsection (1) after “prison” insert—<br> “where there is evidence of consistent non-compliance with licence conditions or a specific and imminent risk of harm.”

<p>This amendment gives effect to the recommendation 4.3 of the Independent Sentencing Review for “stricter criteria and thresholds” for recall.</p>

32

Clause 35, page 65, line 33, at end insert—<br> “(7) Before making regulations under section 46 to bring this section into force, the Secretary of State must issue a code of practice giving guidance to providers of probation services about how to discharge those functions lawfully having regard to—<br> (a) section 6 of the Human Rights Act 1998, and<br> (b) the data protection legislation (see section 3 of the Data Protection Act 2018).<br> (8) The Secretary of State may not issue a code of practice under subsection (7) unless— <br> (a) the Secretary of State has consulted providers of probation services and any other person the Secretary of State considers appropriate about a draft of the code,<br> (b) the Secretary of State has laid a draft of the code before each House of Parliament, and<br> (c) each House of Parliament has by a resolution approved the draft of the code.”

<p>This amendment prevents clause 35 from being brought into force until the Secretary of State has issued a code of practice to providers of probation services about how to take and publish photographs lawfully in light of the Human Rights Act 1998 and the data protection legislation. Before issuing a code of practice, the Secretary of State must consult providers of probation services, lay a draft before Parliament and obtain approval from both Houses.</p>

42

Clause 36, page 66, leave out lines 15 to 31

<p>This amendment would remove the Bill’s provisions giving probation officers more discretion in relation to the termination of a community order.</p>

43

Clause 37, page 67, leave out from line 28 to line 2 on page 68

<p>This amendment would remove the Bill’s provisions giving probation officers more discretion in relation to the termination of the supervision period within a suspended sentence order.</p>

25

Page 68, line 24, leave out Clause 38

NC6

To move the following Clause—<br> <b>“Lifetime driving ban for death by dangerous or careless driving and related offences</b><br> (1) This section applies where a person is convicted of an offence under sections 1, 2B, 3ZB, 3ZC or 3A of the Road Traffic Act 1988.<br> (2) Where this section applies, notwithstanding the provisions of Chapter 1 of Part 8 of the Sentencing Code (Driving disqualification), the driver must be banned from driving for life.”

<p>This new clause would mean that anyone who causes death by dangerous or careless driving (or related offences) would be banned from driving for life.</p>

NC7

To move the following Clause—<br> <b>“Under-18 anonymity for cases involving serious crime</b><br> (1) This section applies where a person (“P”) aged under 18—<br> (a) has been convicted of an offence; and<br> (b) will receive a custodial sentence of four or more years.<br> (2) Where this section applies, prior to delivering sentencing remarks, the court must lift any reporting restrictions identifying P.<br> (3) This section applies notwithstanding the provisions of Chapter IV of the Youth Justice and Criminal Evidence Act 1999.”

<p>This new clause would require reporting restrictions to be lifted at the point of sentencing for young offenders who have received a sentence of four or more years.</p>

NC8

To move the following Clause—<br> <b>“Victim personal statements</b><br> (1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.<br> (2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.<br> (3) The court must disregard any prejudicial comments made during a victim personal statement.”

<p>This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.</p>

NC9

To move the following Clause—<br> <b>“Duty to collect and publish data on sentencing</b><br> (1) Within 24 hours of the conclusion of the passing of a sentence, the relevant court must provide HM Courts and Tribunals Service (“HMCTS”) with information regarding—<br> (a) the offence category;<br> (b) the sentence length; and<br> (c) such information about the sentenced individual as the Secretary of State may specify in regulations, but which must include—<br> (i) nationality,<br> (ii) sex at birth,<br> (iii) country of birth,<br> (iv) method of entry to the United Kingdom,<br> (v) visa route,<br> (vi) visa status, and<br> (vii) asylum status.<br> (2) HMCTS must collect and record the information set out in subsection (1) in a safe and secure manner.<br> (3) The Secretary of State must publish statistics on the information set out in subsection (1) no less than once every three months.”

<p>This new clause would require HMCTS to collect data and other information on sentencing and sentenced offenders, and would require the Government to publish statistics on that data every three months.</p>

NC10

To move the following Clause—<br> <b>“Court transcripts of sentencing remarks</b><br> (1) All transcripts of sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.<br> (2) All published sentencing remarks must be made freely available, including online.”

<p>This new clause would require all sentencing remarks made in the Crown Court to be published and made available to all.</p>

NC11

To move the following Clause—<br> <b>“Prohibited steps orders</b><br> (1) The Children Act 1989 is amended as follows.<br> (2) In section 8 (Child arrangements orders and other orders with respect to children), in the closing words of subsection (3), after “include” insert “proceedings in the Crown Court or Magistrate’s Court under section 10A or”.<br> (3) After section 10 insert—<br> <b>“10A</b> <b>Duty of a sentencing court to make a prohibited steps order in respect of sexual offences</b><br> (1) This section applies where an offender has parental responsibility for a child and the offender is convicted of a sexual offence involving any child victim.<br> (2) Where this section applies, a court must make a prohibited steps order when sentencing the offender.<br> (3) A prohibited steps order made under this section must—<br> (a) cease to have effect if an offender is acquitted on appeal for the offence in relation to which the prohibited steps order was imposed; and<br> (b) continue to have effect during an offender’s licence period after release for the relevant offence.<br> (4) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (Proceedings and decisions) as if it were made by the family court.””

<p>This new clause would require the courts to make a “prohibited steps order” (PSO) – preventing a parent from taking a specific action or set of actions regarding their child – after the conviction of a person with parental responsibilities for a sexual offence involving a child victim.</p>

NC12

To move the following Clause—<br> <b>“Unduly lenient sentences scheme: victims</b><br> (1) The Criminal Justice Act 1988 is amended as follows.<br> (2) In section 36 (Reviews of sentencing), after subsection (2) insert—<br> “(2A) An application may be made to the Attorney General to review any sentence passed by a Crown Court under the terms set out in this section.<br> (2B) An application under subsection (2A) must be made within—<br> (a) one year of the sentence being passed, if the application is made by—<br> (i) the victim of the offence for which the sentence was passed; or<br> (ii) the next of kin of a deceased victim or a victim who lacks capacity; or<br> (b) 56 days of the sentence being passed, if made by any other person.<br> (2C) The Crown Prosecution Service must write to—<br> (a) any victim of any offence for which a sentence has been passed in the Crown Court; or<br> (b) the next of kin of any deceased victim;<br> <span class="wrapped">within 10 working days of a sentence being passed, to provide details of the Unduly Lenient Sentence scheme, the application process for the scheme, and the deadlines set out in subsection (2B) of this section.””</span>

<p>This new clause would extend the deadline for applications to the Unduly Lenient Sentences Scheme from 28 days to 56 days, or for a year for victims of crime (or the next of kin of deceased victims). It would also require the CPS to notify victims about the scheme.</p>

NC13

To move the following Clause—<br> <b>“Sexual offences: Offender Personality Disorder Pathway</b><br> (1) The Prison Rules 1999 are amended as follows.<br> (2) In paragraph 20 (Health services), after sub-paragraph (1), insert—<br> “(1A) Provision under subsection (1) must include access, for all eligible prisoners serving custodial sentences for sexual offences, to services provided under the Offender Personality Disorder Pathway.””

<p>This new clause would require the Government to provide access to the Offender Personality Disorder Pathway to all eligible prisoners serving sentences for sexual offences.</p>

NC14

To move the following Clause—<br> <b>“Sexual offences: chemical suppression</b><br> Within one year of the passing of this Act, the Secretary of State must publish and lay before Parliament a report on how most effectively to introduce mandatory chemical suppression for certain individuals serving sentences for sexual offences, with appropriate legal and clinical safeguards.”

<p>This new clause would require the Government to publish a report on mandatory chemical suppression for certain sex offenders.</p>

NC15

To move the following Clause—<br> <b>“Sentencing Council: abolition</b><br> (1) The Sentencing Council (established under section 118 of the Coroners and Justice Act 2009) is abolished. <br> (2) The Secretary of State may prepare—<br> (a) sentencing guidelines which may be general in nature or limited to a particular offence, particular category of offence or particular category of offender; <br> (b) sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Code (reduction in sentences for guilty pleas); and<br> (c) sentencing guidelines about the application of any rule of law as to the totality of sentences.<br> (3) The Secretary of State may prepare sentencing guidelines about any other matter.<br> (4) When developing sentencing guidelines, the Secretary of State must—<br> (a) promote understanding of, and public confidence in, the sentencing and criminal justice system;<br> (b) consult Parliament on all draft guidelines; and<br> (c) publish the reasons for proposing any guidelines that could result in an offender receiving a shorter sentence than that set out in an Act of Parliament.<br> (5) The Secretary of State may report, from time to time, on the impact of sentencing guidelines on sentencing practice.<br> (6) The Secretary of State must monitor—<br> (a) the application of the sentencing guidelines; and<br> (b) the impact on victims of sentencing decisions.<br> (7) The Secretary of State may by regulations make further provision under this section.”

<p>This new clause would abolish the Sentencing Council, give the Secretary of State the power to publish Sentencing guidelines, and impose various requirements linked to consultation and monitoring.</p>

NC16

To move the following Clause—<br> <b>“Whole life order: murder of a police or prison officer</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 2 of Schedule 21 (Determination of minimum term in relation to mandatory life sentence for murder etc), in sub-paragraph (2)(c), after “duty,”, insert “or if the motivation for the murder was connected to the police officer or prison officer’s current or former duties,””

<p>This new clause would expand the circumstances in which it is appropriate to apply a whole life order for murdering a prison or police officer, to include murder motivated by the victim's current or former duties.</p>

NC17

To move the following Clause—<br> <b>“Management of offenders: devolution to Wales</b><br> (1) Schedule 7A of the Government of Wales Act 2006 is amended as follows.<br> (2) In Paragraph 175 (Prisons and offender management)—<br> (a) omit sub-paragraph (2); and<br> (b) in sub-paragraph (3), omit “probation”<br> (3) The Secretary of State may by regulations make further provision under this section.”

<p>This new clause seeks to devolve probation services and offender management to Wales, by removing it from the list of reserved matters in the Government of Wales Act 2006.</p>

NC18

To move the following Clause—<br> <b>“Reporting on use of electronic monitoring requirements </b><br> In the Sentencing Code, in Part 14 of Schedule 9 (electronic monitoring), after paragraph 35 insert—<br> “36(1) The Secretary of State must as soon as reasonably practicable after the end of each calendar year prepare a report on the imposition of the electronic monitoring requirements during that year. <br> (2) The report must set out—<br> (a) the number of electronic monitoring requirements imposed during the year;<br> (b) the number of electronic monitoring requirements imposed on offenders under 18 during the year;<br> (c) the rate of compliance with the electronic monitoring requirements during the year;<br> (d) the cost of administering the electronic monitoring requirements during the year;<br> (e) the average amount of time taken during the year to activate a device used for the purposes of an electronic monitoring requirement after such a requirement took effect;<br> (f) the number of devices used for the purposes of the electronic monitoring requirements that malfunctioned during the year.<br> (3) The Secretary of State must—<br> (a) publish the report, and<br> (b) lay a copy of the published report before Parliament.””

<p>This new clause requires the Secretary of State to prepare and publish a report each calendar year on the use of electronic monitoring requirements. The report must include the number of electronic monitoring requirements imposed each year, the rate of compliance and the cost of administering the requirements each year. The report must be laid before Parliament.</p>

NC19

To move the following Clause—<br> <b>“Re-sentencing those serving a sentence of imprisonment for public protection</b><br> (1) The Lord Chancellor must make arrangements to ensure that every person serving an IPP sentence, whether in prison or the community, has been re-sentenced in accordance with this section within 24 months of the day on which this Act is passed.<br> (2) The Lord Chancellor must establish a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).<br> (3) The committee established by virtue of subsection (2) must—<br> (a) include a judge nominated by the Lord Chief Justice; and<br> (b) within 12 months of being appointed, lay a report before Parliament on the process of re-sentencing individuals serving an IPP sentence.<br> (4) The Lord Chancellor may disband the committee established under subsection (2) after a report has been laid under subsection (3)(b).<br> (5) The Lord Chancellor must disband the committee once all those serving IPP sentences have been re-sentenced under this section.<br> (6) Subject to subsection (8), a Crown Court designated by the Lord Chancellor (“the re-sentencing court”) must re-sentence a person serving an IPP sentence in relation to the offence or offences for which they were previously sentenced to an IPP sentence.<br> (7) The re-sentencing court must not impose a sentence more severe than the notional determinate sentence upon which the IPP sentence was based.<br> (8) The re-sentencing court may confirm the IPP sentence only if—<br> (a) the re-sentencing court determines that, at the date of the original sentencing, ignoring the alternative of an IPP sentence, the person serving the IPP sentence might appropriately have received a whole life order under section 321 of the Sentencing Act 2020; and<br> (b) at the date of re-sentencing, there is a substantial risk of P committing a further offence if released.<br> (9) The re-sentencing court may only confirm an IPP sentence where the judge hearing the matter is authorised to try cases of murder.<br> (10) The re-sentencing court may recommend that the re-sentenced person may be subject to an extended licence, if the re-sentencing court considers this appropriate.<br> (11) In relation to the exercise of the power in subsection (6)—<br> (a) that power is to be treated as a power to re-sentence under section 402(1) of the Sentencing Act 2020;<br> (b) the Sentencing Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).<br> (12) The Lord Chancellor must, at the end of every twelve-month period beginning with the day this section comes into force, lay before Parliament a report that sets out—<br> (a) the number of persons who have been re-sentenced under subsection (6);<br> (b) the number of persons who have had their sentences confirmed under subsection (8).<br> (13) For the purposes of this section, “IPP sentence” means—<br> (a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003; or<br> (b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003; or<br> (c) a sentence of indeterminate imprisonment or detention passed as a result of sections 219 or 221 of the Armed Forces Act 2006;<br> (14) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This new clause would implement the recommendation of the Justice Select Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.</p>

NC20

To move the following Clause—<br> <b>“Provision for a prisoner to apply to the Parole Board for a licence termination review following expiry of the qualifying period on annual basis</b><br> (1) The Crime (Sentences) Act 1997 is amended as follows.<br> (2) In section 31A (imprisonment or detention for public protection: termination of licences), after subsection (3) insert—<br> “(3A) Where—<br> (a) the prisoner has been released on licence under this Chapter;<br> (b) the qualifying period has expired; and<br> (c) if his case has been considered for termination previously by the Parole Board and a period of at least twelve months has expired since the disposal of that application,<br> <span class="wrapped">the prisoner may make an application to the Parole Board under this subsection.”</span><br> (3) In subsection (4)—<br> (a) after “reference” insert “or application”;<br> <span class="wrapped">after “subsection (3)” insert “or (3A)”.”</span>

<p>This new clause would allow a prisoner whose licence has not been terminated by the Parole Board two or three years after their first release to make an application annually to the Parole Board for termination. This would increase the opportunities for licences to be terminated.</p>

NC21

To move the following Clause—<br> <b>“Further release after recall: requirement for a review</b><br> (1) Before sections 27 to 30 come into force, the Secretary of State must publish a review of the effectiveness of Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025, including but not limited to—<br> (a) an evaluation of its impact on—<br> (i) public protection;<br> (ii) rehabilitation;<br> (iii) reconviction;<br> (iv) probation capacity and resource; and<br> (b) an assessment of how any learning from the evaluation specified in subsection (1)(a) will be applied to the implementation of the provisions of sections 27 to 30 of this Act.<br> (2) A copy of the review must be laid before both Houses of Parliament.”

<p>This new clause provides an opportunity for the current legislation for recall to be reviewed prior to new legislation being rolled out, to ensure it is effective and adequately protects the public.</p>

NC22

To move the following Clause—<br> <b>“Review of sentence following a change in law</b><br> (1) Where a person is serving or subject to a sentence imposed for an offence, and—<br> (a) the offence has been abolished, or<br> (b) there has been a change in the law which materially alters the sentence that would be imposed for the same offence following that change in the law,<br> <span class="wrapped">that person may apply to the sentencing court, or to such other court as may be prescribed, for a review of the sentence.</span><br> (2) On such an application, the court may—<br> (a) quash the sentence and resentence the person in accordance with the existing law; or<br> (b) make such other order as necessary in the interests of justice.<br> (3) The Secretary of State may by regulations make provision for the procedure and eligibility criteria for applications under this section.”

<p>This new clause would allow a person still serving a sentence under a law that has changed to seek review or resentencing in line with the existing law.</p>

NC23

To move the following Clause—<br> <b>“Review of the impact of a change in the law on unspent convictions</b><br> (1) The Secretary of State must, within 12 months of the passing of this Act, lay before Parliament a report reviewing—<br> (a) the effect of changes in the criminal law, whether legislative or judicial, on those serving sentences for offences that would attract a different sentence following the subsequent changes to the criminal law; and<br> (b) the adequacy of existing mechanisms for addressing any perceived injustice arising from such changes.<br> (2) The Secretary of State must thereafter lay a further report under subsection (1) every three years.<br> (3) A report made under this section must include—<br> (a) recommendations for legislative or administrative steps to prevent any instances of injustice arising from changes in the law; and<br> (b) data on the number of persons serving sentences in the scenario set out in subsection (1)(a) and,of those, the number who remain imprisoned.”

<p>This new clause would create a statutory duty for the Government to review, on a recurring basis, how changes to the law affect those already convicted or sentenced.</p>

NC24

To move the following Clause—<br> <b>“Sentencing Council</b><br> The Sentencing Council of England and Wales is abolished.”

NC25

To move the following Clause—<br> <b>“Deportation of foreign criminals</b><br> (1) A foreign criminal who has been sentenced to—<br> (a) a custodial sentence of at least 6 months; or<br> (b) a community sentence of at least 6 months,<br> <span class="wrapped">must be the subject of an immediate deportation order, subject to subsection (2) below.</span><br> (2) The Secretary of State may determine, in exceptional cases, that a deportation order under subsection (1) does not apply.<br> (3) In this section, “foreign criminal” means a person who—<br> (a) is not a British citizen or an Irish citizen, and<br> (b) is convicted in the United Kingdom of an offence.”

<p>This new clause is intended to replace Clause 42. It would apply an automatic deportation order to foreign criminals sentenced to at least six months’ imprisonment or a six month community sentence.</p>

NC26

To move the following Clause—<br> <b>“Criminal cases review</b><br> (1) The Criminal Justice Act 1988 is amended as follows.<br> (2) After section 36 (Reviews of sentencing), insert—<br> “Part IVB<br> <b>CRIMINAL CASES REVIEW (PUBLIC PETITION)</b><br> <b>36A</b> <b>Scope of this Part</b><br> (1) A case to which this Part applies may be referred to the Court of Appeal under section 2 below.<br> (2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36B shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part shall be construed as references to that division.<br> (3) This Part applies to any case—<br> (a) of a description specified in an order under this section; or<br> (b) in which sentence is passed on a person—<br> (i) for an offence triable only on indictment; or<br> (ii) for an offence of a description specified in an order under this section.<br> (4) The Secretary of State may by order provide that this section shall apply to any case of a description specified in the order or to any case in which sentence is passed on a person for an offence triable either way of a description specified in the order.<br> (5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.<br> (6) In this Part, “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.<br> (7) In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).<br> (8) Subsection (2) shall not apply to Northern Ireland.<br> (9) In this section—<br> “offence triable only on indictment” means an offence punishable only on conviction on indictment;<br> “offence triable either way” means an offence punishable on conviction on indictment or on summary conviction; and<br> <span class="wrapped">any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.</span><br> (10) For subsection (5), in Northern Ireland an order under subsection (4) shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).<br> (11) References in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.<br> <b>36B</b> <b>Criminal cases review (public petition)</b><br> (1) If it appears to any adult British citizen aged 18 or over—<br> (a) that the sentencing of a person in a proceeding in the Crown Court (“the person sentenced”) has been unduly lenient or unduly harsh; and<br> (b) that the case is one to which section 36A applies,<br> that British citizen (“the petitioner”) may refer the case to the Criminal Cases Review Commission (“the Commission”) for it to review the sentencing of the person sentenced, in accordance with section 36C below, and if the Commission refers the case to the Court of Appeal, upon such a reference the Court of Appeal may—<br> (i) quash any sentence passed on the person sentenced; and<br> (ii) in place of it pass such sentence as they think appropriate for the case and as the lower court had power to pass when dealing with the person sentenced,<br> <span class="wrapped">provided that the petitioner has filed the reference with the Commission in writing, signed by at least 500 signatures (“the co-petitioners”) including his own.</span><br> (2) The Secretary of State may by regulations stipulate the information and form that the petitioner must provide when filing the reference.<br> (3) Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied whether or not it appears that the judge—<br> (a) erred in law as to his powers of sentencing; or<br> (b) failed to comply with a mandatory sentence requirement under section 399(b) or (c) of the Sentencing Code.<br> (4) For the purposes of this Part, any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.<br> (5) Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code, the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.<br> (6) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.<br> (7) Where the Court of Appeal has concluded its review of a case referred to it under this section, and given its judgment thereon, the Court of Appeal, the petitioner or the person sentenced may refer a point of law involved in any sentence passed on the person sentenced to the Supreme Court for its opinion, and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.<br> (8) A reference under subsection (6) shall be made only with the leave of the Court of Appeal or the Supreme Court and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court.<br> (9) For the purpose of dealing with a case under this section, the Supreme Court may exercise any powers of the Court of Appeal.<br> (10) In the application of this section to Northern Ireland—<br> (a) subsection (2)(b) shall read as if for the words after “failed to” there were substituted “impose a sentence required by—<br> (i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,<br> (ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,<br> (iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or<br> (iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”.<br> (b) the references to sections 11 and 35(1) of the Criminal Appeal Act 1968 shall be read as references to sections 10(2) and 33(1) of the Criminal Appeal (Northern Ireland) Act 1980, respectively; and<br> (c) the reference in subsection (3A) to a minimum term order made under section 321 of the Sentencing Code shall be read as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.<br> <b>36C</b> <b>The Commission</b><br> (1) The Commission under section 36B is the same body as that established under section 8 of the Criminal Appeal Act 1995 and the provisions of section 8 of the Criminal Appeal Act 1995 shall apply to the role of the Commission under this Part.<br> (2) Sections 9, 10, and 12A to 25 of the Criminal Appeal Act 1995 shall apply to this Part.<br> (3) The Commission must review all cases referred to it within 8 weeks of receiving any such referral and must, within that time, make its decision.<br> (4) If the Commission decides that the case should be referred to the Court of Appeal by reason of an unduly harsh sentence then, immediately upon receipt of the referral, the Court of Appeal must make an order that the person sentenced be released on temporary licence (“ROTL”) until further order of the court, and the Court of Appeal must also determine suitable bail conditions, if any and the person sentenced must remain ROTL until the Court of Appeal has determined the referral.””

NC27

To move the following Clause—<br> <b>“Foreign criminals: stalking</b><br> (1) The UK Borders Act 2007 is amended as follows.<br> (2) After section 32 (Automatic deportation) insert—<br> <b>“32A</b> <b>Deportation following stalking offences</b><br> (1) This section applies where a foreign criminal—<br> (a) has been convicted of an offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; and<br> (b) is subject to a deportation order under this Act.<br> (2) Where this section applies, prior to deportation, a risk assessment must be prepared to assess the likelihood after deportation of the foreign criminal—<br> (a) committing an offence which, were it to be committed in England or Wales, would constitute a further offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; or<br> (b) contacting or seeking to contact the victim of the offence for which the foreign criminal was convicted in England or Wales.<br> (3) A risk assessment prepared under this section must be shared, subject to the requirements of the Data Protection Act 2018, with the relevant authorities in the country to which the foreign criminal will be deported.<br> (4) The Secretary of State may by regulations make further provision under this section.””

<p>This new clause would require the preparation of a risk assessment for any foreign criminal being deported after a stalking conviction, and for the assessment to be shared with the authorities in the country to which the offender is returning.</p>

NC28

To move the following Clause—<br> <b>“Gambling treatment requirement</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In section 201 (community order: community order requirements table), after the entry in the table relating to the alcohol abstinence and monitoring requirement, insert—<br> "(3) In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 12 insert—”<br> “Part 12a<br> <b>GAMBLING TREATMENT REQUIREMENT</b><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">26A(1)</span><span class="sub-para-text">In this Code “gambling treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must seek gambling addiction treatment through the National Health Service.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In this paragraph—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">“gambling treatment”, in relation to an offender, means—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">treatment provided through a specialist NHS gambling service or gambling clinic; or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">another form of NHS treatment determined by a qualified clinician to have the best chance of reducing or eliminating the offender’s gambling addiction; and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">”qualified clinician” means an NHS clinical psychologist or a psychiatrist with appropriate professional qualifications.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Sub-paragraphs (4) and (5) apply to a relevant order which imposes a gambling treatment requirement.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The order may specify separate periods comprising the period specified under sub-paragraph (1).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">For each treatment period, the order may specify the treatment provider but must not otherwise specify the nature of the treatment.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In sub-paragraph (5), “treatment period” means—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">if the order specifies separate periods under sub-paragraph (4), any of those periods;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">otherwise, the period specified under sub-paragraph (1).””</span></span>

<p>This new clause would introduce a new gambling treatment requirement, requiring an offender to seek NHS gambling addiction treatment as part of a community order.</p>

NC29

To move the following Clause—<br> <b>“Gambling addiction: support for offenders</b><br> (1) The Secretary of State must, within six months of the passing of this Act, publish a report on how the Government will ensure that—<br> (a) sentencing courts treat gambling disorder as a mental disorder for the purposes of section 232 of the Sentencing Code;<br> (b) sentencing courts have access to appropriate clinical advice on the impact of a gambling disorder on offending behaviour, where relevant; and<br> (c) offenders have access to treatment and peer support for gambling disorder, both in prison and in the community.<br> (2) Within twelve months of the publication of a report under subsection (1) above and annually thereafter, the Secretary of State must publish a further report on progress against the objectives set out in subsection (1).”

<p>This new clause would require the Government to report to Parliament on how it will improve support for offenders with gambling addictions and ensure that gambling disorder is recognised as a mental health condition by sentencing courts.</p>

NC30

To move the following Clause—<br> <b>“Re-sentencing those serving a sentence of imprisonment for public protection</b><br> (1) The Lord Chancellor must make arrangements for, and relating to, the re-sentencing of all prisoners serving IPP sentences within 18 months beginning on the day on which this Act is passed.<br> (2) Those arrangements must include arrangements relating to the establishment of a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).<br> (3) The committee established by virtue of subsection (2) must include a judge nominated by the Lord Chief Justice.<br> (4) A court that imposed an IPP sentence has the power to re-sentence the prisoner in relation to the original offence.<br> (5) But the court may not impose a sentence that is a heavier penalty than the sentence that was imposed for the original offence.<br> (6) In relation to the exercise of the power in subsection (4)—<br> (a) that power is to be treated as a power to re-sentence under the Sentencing Code (see section 402(1) of the Sentencing Act 2020);<br> (b) the Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).<br> (7) In this section—<br> “IPP sentence” means a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act (including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006);<br> “original offence” means the offence in relation to which the IPP sentence was imposed.<br> (8) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.</p>

NC31

To move the following Clause—<br> <b>“Use of funds raised through income reduction orders</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits and costs of directing the funds raised from income reduction orders into a fund that provides support for victims.<br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under subsection (1) before Parliament.”

<p>This new clause would require the Secretary of State to undertake an assessment of the potential benefits of using the monies raised through income reduction orders to fund support for victims.</p>

NC32

To move the following Clause—<br> <b>“Probation caseloads</b><br> (1) The Secretary of State must, before laying regulations to commence the provisions in this Act, establish maximum caseload limits for probation officers supervising individuals subject to—<br> (a) licence conditions;<br> (b) community orders; or<br> (c) any other form of court-imposed supervision by the probation service.<br> (2) The Secretary of State must, each year, lay before Parliament a report on compliance with the caseload limits set under this section.”

<p>This new clause would require the Secretary of State to set maximum caseloads for probation before implementation of the Act, and to report annually on compliance.</p>

NC33

To move the following Clause—<br> <b>“Access to rehabilitation and support services</b><br> (1) The probation service must ensure all individuals subject to licence conditions, community orders, or other court-imposed supervision have access to—<br> (a) NHS mental health and substance misuse services,<br> (b) education, training and employment support, and<br> (c) approved behaviour change or offender behaviour programmes.<br> (2) The Secretary of State must lay before Parliament, each year, a report on the availability and use of the services provided under subsection (1).”

<p>This new clause would require the probation service to ensure people under its supervision can access mental health and substance misuse services; education, training and support; and approved behaviour change or offender management programmes, and to report annually on the availability and uptake of those services.</p>

NC34

To move the following Clause—<br> <b>“Digital systems for tracking offender progress</b><br> (1) The Secretary of State must, within one year of the passing of this Act, undertake an assessment of the benefits and costs of implementing a digital sentence management system for prisoners and individuals who are subject to supervision by the probation service.<br> (2) The assessment must consider the following potential functions of a sentence management system—<br> (a) tracking offender progress,<br> (b) providing for the sharing of information between the courts, probation service, and other relevant agencies, subject to the UK General Data Protection Regulation and the Data Protection Act 2018,<br> (c) monitoring compliance with rehabilitation programmes, and<br> (d) any other functions that the Secretary of State deems appropriate.”

<p>This new clause would require the Secretary of State to undertake an assessment of implementing a digital sentence management system for prisoners and individuals subject to supervision by the probation service.</p>

NC35

To move the following Clause—<br> <b>“Specialist teams for high-risk or complex offenders</b><br> (1) The probation service must undertake an assessment of the potential benefits of establishing specialist probation teams to supervise—<br> (a) high-risk offenders,<br> (b) offenders with complex mental health needs,<br> (c) offenders with substance misuse needs, and<br> (d) young offenders who are transitioning to adult supervision.<br> (2) The assessment must consider the potential benefits of specialist probation teams having lower average caseloads per probation officer.<br> (3) The assessment must consider the potential arrangements for specialist probation teams accessing support from other relevant agencies.<br> (4) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the probation service to assess the potential benefits of establishing specialist probation teams to supervise offenders who are high-risk; have complex mental health or substance misuse needs; and young offenders transitioning to adult supervision.</p>

NC36

To move the following Clause—<br> <b>“Domestic abuse aggravated offences</b><br> (1) A court must treat an offence committed in England and Wales as domestic abuse aggravated, if—<br> (a) the offender and the victim are personally connected to each other; and<br> (b) the offence involves behaviour which constitutes domestic abuse.<br> (2) In this section—<br> (a) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021, and<br> (b) “personally connected” has the meaning given by section 2 of the Domestic Abuse Act 2021.”

<p>This new clause would require a court to treat a domestic abuse offence as aggravated.</p>

NC37

To move the following Clause—<br> <b>“Rehabilitative programmes for offences relating to violence against women and girls</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits of creating mandatory rehabilitative programmes about women and girls, for individuals sentenced for—<br> (a) assault;<br> (b) battery; or<br> (c) actual bodily harm<br> when the victim is a woman or girl.<br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the Secretary of State to carry out an assessment of the potential benefits of creating mandatory rehabilitative programmes about women and girls, for individuals sentenced for certain offences.</p>

NC38

To move the following Clause—<br> <b>“Screening for traumatic brain injuries</b><br> (1) The Secretary of State must undertake an assessment of the potential costs and benefits of screening all prisoners for traumatic brain injuries at the start of their custodial sentence.<br> (2) The assessment should consider—<br> (a) how screening for traumatic brain injuries could inform the management of a prisoner’s sentence,<br> (b) the health services and rehabilitation programmes available for prisoners with traumatic brain injuries, and<br> (c) any other matters that the Secretary of State deems appropriate.<br> (3) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment made under this section before Parliament.”

<p>This new clause would require the Secretary of State to carry out an assessment of the potential benefits of introducing standardised screening for traumatic brain injuries for prisoners starting a custodial sentence.</p>

NC39

To move the following Clause—<br> <b>“Suspension of driving licences during bail for driving related offences</b><br> (1) This section applies where an individual has been granted bail in respect of one of the following offences—<br> (a) dangerous or careless driving;<br> (b) drink driving; or<br> (c) drug driving.<br> (2) The court may suspend the driving licence of the individual, pending the outcome of any criminal proceedings.”

<p>This new clause would allow the court to suspend the driving licence of an individual charged for certain driving offences, pending the outcome of the trial.</p>

NC40

To move the following Clause—<br> <b>“Access to rehabilitation programmes and education for individuals held on remand</b><br> (1) Where an individual is held in custodial remand pending sentencing, the probation service must provide access to the same rehabilitative programmes that are available to prisoners after sentencing.<br> (2) Where an individual is held in custodial demand pending trial, the probation service must provide access to the same—<br> (a) education;<br> (b) therapy; and<br> (c) any other support that the probation service deems appropriate,<br> that is available to prisoners after sentencing.”

<p>This new clause would allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence.</p>

NC41

To move the following Clause—<br> <b>“No presumption of suspended sentence </b><br> The presumption of a suspended sentence will not apply if the offender is not a British citizen or an Irish citizen.”

NC42

To move the following Clause—<br> <b>“Tagging of offenders receiving suspended sentences</b><br> Where a court has imposed a suspended sentence, it must impose a condition that an offender must be subject to electronic monitoring for the duration of that sentence.”

NC43

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 2)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is an offence under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 or section 89 (1) of the Police Act 1996.”

NC44

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 3)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, either involves possession of or threatening with an article with a blade or point or an offensive weapon.”

NC45

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 4)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is aggravated by section 68A of the Sentencing Act 2020 (assaults on those providing a public service etc).”

NC46

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 5)</b><br> The presumption of a suspended sentence will not apply if the offender has committed or been convicted of three other offences in the 12 months preceding the offence.”

NC47

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 6)</b><br> The presumption of a suspended sentence will not apply if the offender has committed 10 or more other previous offences at the time of the offence or at the time of conviction for the offence.”

NC48

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 7)</b><br> The presumption of a suspended sentence will not apply if the offender has previously received a suspended sentence order for the same offence.”

NC49

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 8)</b><br> The presumption of a suspended sentence will not apply if the offender has previously received a custodial sentence for the same offence.”

NC50

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 9)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a mandatory minimum sentence.”

NC51

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 10)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, involves a firearm or ammunition including but not limited to the Firearms Act 1968 and the Violent Crime Reduction Act 2006.”

NC52

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 11)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is one of burglary.”

NC53

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 12)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a connection to terrorism, including but not limited to offences relating to terrorism under the Terrorism Act 2000, the Terrorism Act 2006 and the Explosive Substances Act 1883.”

NC54

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 13)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is one that falls under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988.”

NC55

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 14)</b><br> The presumption of a suspended sentence will not apply if the offender has breached previous suspended sentence orders three or more times, either by failing to comply with the requirements of the orders or by re-offending during the order’s operational period.”

NC56

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 15)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, was committed while the offender was subject to a supervision order.”

NC57

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 16)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, was committed while the offender was on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).”

NC58

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 17)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is an offence under section 6(1) or (2) of the Bail Act 1976 (failure to surrender to custody).”

NC59

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 18)</b><br> The presumption of a suspended sentence will not apply if the offender has a history of poor compliance with court orders.”

NC60

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 19)</b><br> The presumption of a suspended sentence will not apply if the offender is being sentenced for three or more offences.”

NC61

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 20)</b><br> The presumption of a suspended sentence will not apply if the offender has already been convicted of committing the same offence three or more times.”

NC62

To move the following Clause—<br> <b>“Expiry</b><br> This Act expires at the end of the period of 2 years beginning with the day on which it is passed.”

Gov 21

Title, page 1, line 3, leave out from “criminals” to “; and” on line 4

22

Clause 29, page 55, line 5, leave out “both” and insert “more”

<p>This amendment is linked to NC5 and amendment 23.</p>

23

Clause 29, page 55, line 27, at end insert—<br> “(8A) The third condition is that the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of the crime for which P is serving the sentence in question.”

<p>This amendment is linked to NC5 and amendment 22.</p>

NC3

To move the following Clause—<br> <b>“Unpaid work requirements: community work</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 3 of Part 1 of Schedule 9 (Restriction on imposing unpaid work requirement), after sub-paragraph (1)(b) insert—<br> “(c) that the unpaid work is work undertaken for a non-profit organisation, social enterprise, voluntary organisation or local authority.””

<p>This new clause would prohibit private sector involvement in unpaid work as part of a community sentence.</p>

NC4

To move the following Clause—<br> <b>“Probation capacity: independent report </b><br> (1) Within three months of the passage of this Act, a report must be published and laid before Parliament by HM Inspectorate of Probation (“the Inspectorate”) determining whether there is adequate capacity in the Probation Service to meet provisions of this Act anticipated to increase levels of demand on the Probation Service.<br> (2) If the report under subsection (1) determines that the capacity of the Probation Service is inadequate, provisions of this Act anticipated to increase levels of demand on the Probation Service may not come into force until a further report determines that the Probation Service has adequate capacity.<br> (3) Following a report under subsection (1), the Inspectorate must publish and lay before Parliament a further report, no less than once every twelve months, determining whether there is adequate capacity in the Probation Service.<br> (4) If a report under subsections (1) or (3) determines that the capacity of the Probation Service is inadequate, the Inspectorate may direct that a prioritisation framework must be issued to the areas in which the capacity concerns apply, in order to provide local services with guidance about which activities to deprioritise.<br> (5) The Secretary of State must, within two weeks of the laying of a report under subsections (1) or (3) with a finding of inadequate capacity, make a statement to Parliament setting out how probation capacity will be increased to an adequate level.”

<p>This new clause would ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands, and would enable the Inspectorate to trigger the issuing of a prioritisation framework to help local areas to identify which activities to deprioritise.</p>

NC5

To move the following Clause—<br> <b>“Further release after recall: offenders eligible for risk-assessed release</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 255C, after subsection (3) insert—<br> (3A) Subsection (3B) applies if the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of a crime for which P is serving a sentence.<br> (3B) Where this subsection applies—<br> (a) at the end of the period of 56 days beginning with the day on which P returns to custody, P must be considered for referral for executive release rather than automatic release;<br> (b) if P is referred for consideration for executive release, the Secretary of State may release P again on licence, and<br> (c) if P is not referred for consideration for executive release, or if P is denied executive release, the Secretary of State must refer P’s case to the Board.”

<p>This new clause, along with amendments 22 and 23, would ensure that offenders who have been recalled to prison on the basis of a breach of license condition or of an order related to the victim are risk-assessed, to determine whether it is safe for them to be re-released into the community, rather than being automatically released after 56 days.</p>

2

Clause 1, page 2, line 46, at end insert—<br> “(ea) the offence, or an associated offence, was committed while the offender was subject to a supervision order,”

<p>This amendment makes clear that the presumption to suspend certain sentences under section 264A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed while the offender was subject to a supervision order (as defined by subsection (7) of that section).</p>

3

Clause 1, page 3, line 2, after “constituted” insert “, or occurred in circumstances closely connected with,”

<p>This amendment provides that the presumption to suspend certain sentences under section 264A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed in circumstances which are closely connected with the breach by the offender of a court order or an order or award in proceedings in respect of a service offence.</p>

4

Clause 1, page 5, line 7, at end insert—<br> “(ea) the offence, or an associated offence, was committed while the offender was subject to a supervision order,”

<p>This amendment makes clear that the presumption to suspend certain sentences under section 277A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed while the offender was subject to a supervision order (as defined by subsection (8) of that section).</p>

5

Clause 1, page 5, line 9, after “constituted” insert “, or occurred in circumstances closely connected with,”

<p>This amendment provides that the presumption to suspend certain sentences under section 277A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed in circumstances which are closely connected with the breach by the offender of a court order or an order or award in proceedings in respect of a service offence.</p>

6

Clause 6, page 14, line 31, leave out “or officer”

<p>This amendment and amendment 9 would correct drafting errors in new section 56A of the Sentencing Code and new section 253A of the Armed Forces Act 2006, namely that the reference to an officer should appear in section 253A(1)(b) and not in section 56A(1)(b).</p>

7

Clause 6, page 14, line 32, after “abuse” insert “carried out by the offender”

<p>This amendment and amendment 8 would make it clear that in making a finding of domestic abuse when passing sentence for an offence, the court is concerned only with the conduct of the offender.</p>

8

Clause 6, page 14, line 34, after “abuse” insert “carried out by the offender”

<p>See the explanatory statement for amendment 7.</p>

9

Clause 6, page 15, line 11, after “court” insert “or officer”

<p>See the explanatory statement for amendment 6.</p>

10

Clause 6, page 15, line 12, after “abuse” insert “carried out by the offender”

<p>This amendment and amendment 11 would make it clear that in making a finding of domestic abuse when passing sentence for an offence, the court or officer is concerned only with the conduct of the offender.</p>

11

Clause 6, page 15, line 14, after “abuse” insert “carried out by the offender”

<p>See the explanatory statement for amendment 10.</p>

12

Clause 8, page 22, line 41, at end insert—<br> “(12) Part 1 of Schedule (<i>Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision</i>) makes consequential provision.”

<p>This amendment introduces the consequential amendments of sentencing legislation that applies in Scotland made by the Schedule inserted by NS1.</p>

13

Clause 9, page 25, line 22, at end insert—<br> “(6) Part 2 of Schedule (<i>Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision</i>) makes consequential provision.”

<p>This amendment introduces the consequential amendments of sentencing legislation that applies in Northern Ireland made by the Schedule inserted by NS1.</p>

14

Clause 13, page 26, line 26, leave out “as follows” and insert “in accordance with subsections (2) to (7)”

<p>This amendment is consequential on amendment 15.</p>

15

Clause 13, page 28, line 22, at end insert—<br> “(8) In section 177H of the Armed Forces Act 2006 (availability of driving disqualification order), at the end insert “(including where the court makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement).”

<p>This amendment would clarify that a service court may make a driving disqualification order in a case where it makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement.</p>

16

Clause 16, page 31, line 31, leave out “as follows” and insert “in accordance with subsections (2) to (12)”

<p>This amendment is consequential on amendment 17.</p>

17

Clause 16, page 34, line 12, at end insert— <br> “(13) The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15).<br> (14) In section 182(3)(c) (application of section 208(2) of, and Schedule 9 to, the Sentencing Code to overseas community orders), after sub-paragraph (ix), and on a new line, insert “(see also the modification to paragraph 8D of Schedule 9 made by section 183(5A) of this Act);”.<br> (15) In section 183 (modifications of the Sentencing Code in relation to overseas community orders)—<br> (a) in subsection (1), for “(5)” substitute “(5A)”;<br> (b) after subsection (5) insert—<br> “(5A) Paragraph 8D of Schedule 9 (restriction zone requirement) has effect as if sub-paragraph (6) were omitted.””

<p>This amendment would have the effect that an overseas community order made by a service court which imposed a restriction zone requirement was not required to include an electronic monitoring requirement.</p>

18

Page 73, line 30, leave out Clause 42

<p>This amendment leaves out clause 42. The new clause inserted by NC1 is intended to be substituted for this clause.</p>

19

Clause 45, page 75, line 17, leave out paragraph (d)

<p>This amendment has the effect that an amendment or repeal made by the new clause inserted by NC1 will have the same extent as the provision amended or repealed.</p>

20

Clause 46, page 76, line 9, leave out “Schedule 1” and insert “Schedules 1 and (<i>Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision</i>)”

<p>This amendment is consequential on NS1.</p>

NC1

To move the following Clause—<br> <b>“Deportation of foreign criminals</b><br> (1) In section 38(1) of the UK Borders Act 2007 (meaning of “period of imprisonment” for purposes of condition 1 in definition of “foreign criminal”), omit paragraph (a).<br> (2) In section 117D(4) of the Nationality, Immigration and Asylum Act 2002 (meaning of “period of imprisonment” for purposes of definition of “foreign criminal”), omit paragraph (a).”

<p>This amendment inserts a new clause which provides that for the purposes of certain legislation relating to the deportation of foreign criminals and the application of Article 8 of the ECHR a sentence of imprisonment includes a suspended sentence order. This new clause is intended to substitute existing clause 42.</p>

NC2

To move the following Clause—<br> <b>“Electronic monitoring: oversight</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In Part 14 of Schedule 9, in paragraph 31 (Electronic monitoring: person responsible for monitoring), after sub-paragraph (2) insert—<br> “(3) Regulations under this section must ensure that—<br> (a) electronic monitoring is overseen by the Probation Service;<br> (b) the fitting of necessary apparatus for the purposes of electronic monitoring may only be undertaken by those in the employment of an organisation with responsibility for delivering electronic monitoring; and<br> (c) the fitting of necessary apparatus may not be undertaken by an employee of HM Prison and Probation Service unless the responsibility for the delivery of electronic monitoring is held solely by HM Prison and Probation Service.””

<p>This new clause would ensure that the probation service oversees electronic monitoring, and that prison officers would not be responsible for fitting tags unless tagging contracts are brought into the public sector.</p>

NS1

To move the following Schedule—<br> <span class="num-note"><span class="num">“Schedule</span><span class="note">Sections 8(12) and 9(6)</span></span><br> <span class="schedule-heading">SENTENCE WITH FIXED LICENCE PERIOD IN SCOTLAND OR NORTHERN IRELAND: CONSEQUENTIAL PROVISION</span><br> <span class="schedule-heading">PART 1</span><br> <b>Scotland</b><br> <i class="text-centre">Rehabilitation of Offenders Act 1974</i><br> 1 In section 5(1)(da) of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (disclosure periods for particular sentences), for “(terrorism sentence for young offenders or children)” substitute “(sentence with fixed licence period for young offenders or children)”.<br> <i class="text-centre">Prisons (Scotland) Act 1989</i><br> 2 In section 39(7B)(a) of the Prisons (Scotland) Act 1989 (rules for the management of prisons and other institutions), after “terrorism” insert “or national security-related”.<br> <i class="text-centre">Prisoners and Criminal Proceedings (Scotland) Act 1993</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In section 1(9) (release of short-term, long-term and life prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the words from “in respect of an offence” to the end of the subsection become paragraph (a);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">at the end of that paragraph insert “, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In section 1AB (restricted eligibility for release on licence of terrorist prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, at the end insert “and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after subsection (2A) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2B)</span><span class="sub-para-text">This section also applies to a prisoner other than a life prisoner who is serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (3), for “case of a terrorist prisoner” substitute “prisoner’s case”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in subsections (4) and (5), omit “terrorist”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in subsection (1), for paragraph (b) (but not the “and” at the end of that paragraph) substitute—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">one or more of the sentences (the “terrorism or national security-related sentence”) was imposed—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in respect of an offence within section 1AB(2), or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security),”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (2)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism”, in both places it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”),” substitute “that is not a terrorism or national security-related sentence,”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(iii)</span><span class="sub-para-text">for “the non-terrorism” substitute “that other”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in subsection (3)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “non-terrorism” substitute “other”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in subsections (4) to (7), (9), (10) and (13)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism”, in each place it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “non-terrorism”, in each place it occurs, substitute “sentence that is not a terrorism or national security-related”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In section 2 (duty to release discretionary life prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in subsection (6), after “(6B)” insert “, (6C)”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after subsection (6B) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(6C)</span><span class="sub-para-text">No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (7), after “(6B)” insert “or (6C)”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, for “certain terrorism sentences” substitute “serious terrorism sentences, sentences with a fixed licence period”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in subsection (1ZA)(b), omit “terrorism”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">after paragraph (c) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ca)</span><span class="sub-para-text">serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in paragraph (d), after “terrorism” insert “or national security-related”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(8)</span><span class="sub-para-text">In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">In section 26ZA (terrorism sentences)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, after “terrorism” insert “and national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">for subsection (1) substitute—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1)</span><span class="sub-para-text">This section applies to a person (“the prisoner”) who—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">is not a life prisoner, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">is serving a terrorism or national security-related sentence.”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (2)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in the words before paragraph (a), after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">in paragraph (b), omit “terrorism”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in subsection (3), after “terrorism”, in both places it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in subsections (4) and (5), for “a terrorist” substitute “the”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(f)</span><span class="sub-para-text">in subsection (7)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for “a terrorist” substitute “the”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(g)</span><span class="sub-para-text">in subsection (8)(b), omit “terrorism”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(h)</span><span class="sub-para-text">in subsection (9)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for “a terrorist” substitute “the”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in subsection (10), after “terrorism”, in both places it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(j)</span><span class="sub-para-text">in subsection (11), in the definition of “appropriate custodial term”, in the words before paragraph (a)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">omit “terrorist”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(k)</span><span class="sub-para-text">in subsection (11), in the definition of “extension period”, in paragraphs (a), (b) and (c), omit “terrorist”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(10)</span><span class="sub-para-text">In section 27 (interpretation of Part 1)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in subsection (5), for “subsection (5A)” substitute “subsections (5A) and (5AA)”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after subsection (5A), insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5AA)</span><span class="sub-para-text">Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (5B)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for “an offence within section 1AB(2)”, in the first place it appears, substitute “a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">after “1AB(2)”, in the second place it appears, insert “or a national security-related sentence”.</span></span><br> <i class="text-centre">Repatriation of Prisoners Act 1984</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">In the Schedule to the Repatriation of Prisoners Act 1984, paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to Scotland is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">After sub-paragraph (3D) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3E)</span><span class="sub-para-text">If sub-paragraph (3F), (3G) or (3H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if the prisoner were serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 in respect of an offence specified in Part 2 of Schedule 5ZB to that Act (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3F)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 9 to 11, or paragraph 13 in a case where the listed offence is an offence specified in any of paragraphs 9 to 11, of Part 2 of Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (certain offences under the Official Secrets Acts or the National Security Act 2023).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3G)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is a “relevant electoral offence” within the meaning of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3H)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 21 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is not an offence mentioned in subsection (6) of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3I)</span><span class="sub-para-text">The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3F), (3G) or (3H).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal Proceedings (Scotland) Act 1993”.</span></span><br> <span class="schedule-heading">PART 2</span><br> <b>Northern Ireland</b><br> <i class="text-centre">Criminal Justice (Northern Ireland) Order 2008</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A terrorism sentence” omit “terrorism”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain other”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In the italic heading before Article 20A, at the end insert “and other prisoners serving an Article 15A sentence”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In Article 20A (restricted eligibility for release on licence of terrorist prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, after “prisoners” insert “and other prisoners serving an Article 15A sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after paragraph (2A) insert— </span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2AB)</span><span class="sub-para-text">This Article also applies to a fixed-term prisoner who is serving an Article 15A sentence imposed in respect of an offence which is specified in Schedule 2B (offences involving or connected with a threat to national security).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in paragraphs (3), (4), (5) and (7) omit “terrorist”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in paragraph (8)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">omit “terrorist” in both places it occurs;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “Article 15A terrorism sentence” substitute “Article 15A sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in paragraph (9)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in the definition of “appropriate custodial term”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">in the definition of “relevant part of the sentence”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.</span></span><br> <i class="text-centre">Repatriation of Prisoners Act 1984</i><br> 6 In paragraph 2A of the Schedule to the Repatriation of Prisoners Act 1984 (application of early release provisions to prisoners repatriated to Northern Ireland), after sub-paragraph (4D) insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4E)</span><span class="sub-para-text">If sub-paragraph (4F), (4G) or (4H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if the prisoner were serving a sentence imposed under Article 15A of the Order in respect of an offence specified in Schedule 2B to the Order (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4F)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 1 to 3, or paragraph 5 in a case where the ancillary offence relates to an offence specified in any of paragraphs 1 to 3, of Schedule 2B to the Criminal Justice (Northern Ireland) Order 2008 (certain offences under the Official Secrets Acts or the National Security Act 2023).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4G)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is a “relevant electoral offence” within the meaning of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4H)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 20 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is not an offence mentioned in subsection (2) of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4I)</span><span class="sub-para-text">The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4F), (4G) or (4H).””</span></span>

<p>The Schedule inserted by this amendment makes provision which is consequential on clauses 8 and 9 (availability in Scotland and Northern Ireland of custodial sentence with a fixed licence period on conviction for an offence relating to a threat to national security).</p>

21

Title, page 1, line 3, leave out from “criminals” to “; and” on line 4

<p>This amendment amends the long title to remove reference to provision no longer contained in the Bill as a consequence of the insertion of the clause inserted by NC1 which is intended to substitute existing clause 42.</p>

1

Clause 4, page 14, line 4, after “(including victims of crime” insert “, ensuring their protection from further physical or psychological harm”

<p>This amendment would amend the statutory purposes of sentencing to incorporate safeguarding victims from further physical or psychological harm.</p>