June 2004 Plenary Meetings of the Forum for Security Co-operation
In section 243A of the Criminal Justice Act 2003 (duty to release prisoners serving less than 12 months unconditionally once one-half of sentence served), for subsection (1) substitute—
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).
In Schedule 1 to this Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2 inserts sections 256D and 256E of that Act which make provision about drug testing requirements and drug appointment requirements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256AB insert—
Schedule 2 to this Act inserts a new Schedule 19A to the Criminal Justice Act 2003.
Section 256B of the Criminal Justice Act 2003 (supervision of young offenders after release) is amended as follows.
For subsection (1) substitute—
In subsection (2)(c), omit “if the offender is under the age of 18 years at the date of release,”.
In subsection (7)—
for paragraph (c) substitute—
After that subsection insert—
Omit subsection (8).
For subsection (9) substitute—
Omit subsection (10).
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.
In section 264 (consecutive terms), for subsections (3) and (3A) substitute—
Before section 265 (and the italic heading before it) insert—
In section 249(3) (duration of licence)—
for “sections” substitute “ section ”, and
for “and 264(3)” substitute “ and sections 264(3C)(a) and 264B ”.
In section 250 (licence conditions), omit subsection (7).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000 (custodial sentences: detention and custody of young offenders) is amended as follows.
In section 101(13) (term of detention and training order where consecutive or concurrent orders imposed), after “105” insert “and 106B”.
In section 103 (period of supervision of offender subject to detention and training order)—
in subsection (2), at the beginning insert “Subject to subsection (2A),”, and
after subsection (2) insert—
After section 106A insert—
Schedule 3 contains minor and consequential provision.
The Secretary of State may by order made by statutory instrument amend the Powers of Criminal Courts (Sentencing) Act 2000 and the Criminal Justice Act 2003 so as to—
replace a reference to a date on which a provision of this Act came into force with a reference to the actual date on which it did so, and
insert provision explaining the date.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) is amended as follows.
In section 226A (extended sentence for certain violent or sexual offences: persons 18 or over)—
in subsection (7), for “subsections (8) and (9)” substitute “subsections (7A) to (9)”, and
after that subsection insert—
In section 226B (extended sentence for certain violent or sexual offences: persons under 18)—
in subsection (5), for “subsections (6) and (7)” substitute “subsections (5A) to (7)”, and
after that subsection insert—
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.
In section 244(1A) (disapplication of that section following recall), after “246” insert “ or 248 ”.
In section 255(1)(a) (recall of prisoners released early under section 246), for “any condition included in his licence” substitute “ the curfew condition included in the licence ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit subsection (3),
in subsection (4), for “that period” substitute “the automatic release period”,
but that is subject, where applicable, to section 243A(2) (unconditional release).
at the end insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 240ZA(6) (time remanded in custody not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “ automatic release period served by the offender ”.
In section 240A(3B) (time remanded on bail not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “ automatic release period served by the offender ”.
In section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services), after subsection (6) insert—
The Criminal Justice and Court Services Act 2000 is amended as follows.
In section 64 (release on licence: drug testing requirements)—
in subsection (1)(a), omit “for a trigger offence, and”,
in that subsection, at the end insert, and ,
after that subsection insert—,
in subsection (2), after “conditions” insert “ mentioned in subsection (1)(b) ”, and
in subsection (3), after “specified Class A drug” insert “ or specified Class B drug ”.
In section 70(1) (interpretation)—
for “ “Class A drug” has” substitute “ “Class A drug” and “Class B drug” have”, and
in the definition of “ “specified””, after “Class A drug” insert “ or Class B drug ”.
In Chapter 2 of Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders), after section 64 insert—
In section 250 of the Criminal Justice Act 2003 (licence conditions), in subsection (4)(b)(i), for “or 64” substitute “ , 64 or 64A ”.
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
In paragraph 8 (restricted transfers from England and Wales to Scotland)—
in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “ , 64 and 64A ”, and
at the end insert—
In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—
in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “ , 64 and 64A ”, and
after sub-paragraph (5) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 4 to this Act—
Part 1 contains amendments which confine certain functions of responsible officers to the public sector, and
Part 2 contains consequential provision.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Justice Act 2003 is amended as follows.
In sections 177(1) and 190(1) (requirements that may be imposed as part of a community order or suspended sentence order) after paragraph (a) insert—.
After section 200 insert—
Sections 201 and 213 (activity requirements and supervision requirements) are repealed.
Schedule 5 to this Act contains consequential provision.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Justice Act 2003 is amended as follows.
In section 202 (programme requirement) omit subsection (7) (person may be required to participate in accredited programmes only at approved places).
In Schedule 9 (transfer of community orders to Scotland or Northern Ireland)—
in paragraph 2(3), omit paragraph (b);
in paragraph 4(3), omit paragraph (b).
In Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland)—
in paragraph 4(3), omit paragraph (b);
in paragraph 9(3), omit paragraph (b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Justice Act 2003 is amended as follows.
Section 214 (attendance centre requirement) is amended as follows.
In subsection (1)—
omit “specified in the relevant order”, and
for “so specified” substitute “specified in the relevant order”.
In subsection (3), for “the attendance centre to be specified in it” substitute “an attendance centre which is available for persons of the offender’s description”.
After subsection (3) insert—
Section 218 (availability of arrangements in local area) is amended as follows.
In subsection (4)(a), for “the relevant areas mentioned in subsections (5) to (7)” substitute “the relevant area (see subsections (5) to (7))”.
In subsection (6), for “the area in which the attendance centre proposed to be specified in the order is situated” substitute “an area in which there is an attendance centre which is available for persons of the offender’s description and which the court is satisfied is reasonably accessible to the offender”.
In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), in the table, omit the entry relating to an attendance centre requirement.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 31 (fine default orders), after paragraph 3A insert—
For paragraphs 16 and 16A there is substituted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 6 contains amendments of the Armed Forces Act 2006 relating to the release and supervision of offenders, service community orders, overseas community orders and suspended sentence orders.
The Secretary of State may by order make consequential, supplementary or incidental provision in relation to any provision of this Act.
An order under this section may—
make different provision for different purposes, and
amend, repeal or revoke legislation.
An order under this section making provision in relation to any of sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of Schedule 6 may make different provision for different areas.
An order under this section is to be made by statutory instrument.
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (6).
A statutory instrument containing an order under this section that amends or repeals an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“Act” includes an Act or Measure of the National Assembly for Wales;
The amendments made by sections 11, 12 and 13 apply where a person was released before the commencement day (as well as where a person is released on or after that day).
“Act” includes an Act or Measure of the National Assembly for Wales;
“legislation”, in relation to an order made in relation to a provision of this Act, means—
an Act passed before or in the same Session as this Act, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Schedule, “the commencement day”, in relation to an amendment made by a provision of this Act, means the day on which that provision comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2), after “105” insert “and 106B”, and
after that subsection insert—
Section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For paragraph (i) substitute—.
The Criminal Justice Act 2003 is amended as follows.
an instrument made under an Act before the provision comes into force.
In the heading of Chapter 6 of Part 12, after “licences” insert “ , supervision ”.
In the heading of section 243A, after “release” insert “ certain ”.
In section 243A(3)(a) (duty to release prisoners serving less than 12 months unconditionally: definition of requisite custodial period), for the words from “in relation to” to “such a term” substitute “ in relation to a person serving one sentence ”.
In section 244(3)(a) (duty to release prisoners on licence: definition of requisite custodial period), for the words from “in relation to” to “such a term” substitute “ in relation to a prisoner serving one sentence ”.
Omit the italic heading before section 256B.
For the heading of that section substitute “ Supervision after release of certain young offenders serving less than 12 months ”.
In section 256C(4)(b) (breach of supervision requirements), for “impose on the offender” substitute “ order the offender to pay ”.
In the heading of that section, at the end insert “ imposed under section 256B ”.
Section 268 (interpretation of Chapter 6) is amended as follows. The existing text is re-numbered as subsection (1). In subsection (1), in the definition of “fixed-term prisoner”, for “ “fixed-term prisoner” has” substitute “ “fixed-term prisoner” and “fixed-term sentence” have”. ... ... ... “ “the supervisor”— At the end insert—
Section 302 (execution of process between England and Wales and Scotland) is amended as follows. section 256AC(1) or (3), section 256C(1) or (3), Omit the “or” before “paragraph 6(2) or (4)”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 7 makes provision about the cases to which the amendments made by this Act apply.
The Secretary of State may by order make other transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
An order under this section—
may make different provision for different purposes, and
in connection with sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of Schedule 6 may make different provision for different areas.
An order under this section is to be made by statutory instrument.
This Act comes into force on such day or days as the Secretary of State may appoint by order, subject to subsection (2).
This section and sections 20, 21(2) to (4), 23 and 24 come into force on the day on which this Act is passed.
An order under this section—
may appoint different days for different purposes, and
in relation to sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of Schedule 6, may appoint different days for different areas.
An order under this section is to be made by statutory instrument.
An amendment or repeal made by this Act, other than an armed forces amendment or repeal, has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council).
Subject to subsection (1), this Act extends to England and Wales, Scotland and Northern Ireland.
So far as sections 20, 21 and 22 confer power to make provision amending or otherwise relating to Schedule 1 to the Crime (Sentences) Act 1997, they also extend to the Channel Islands.
Section 385 of the Armed Forces Act 2006 (extent of enactments applied by that Act) does not apply in relation to an armed forces amendment or repeal.
Her Majesty may by Order in Council provide for an armed forces amendment or repeal to extend, with or without modifications, to—
any of the Channel Islands,
the Isle of Man, or
any of the British overseas territories
The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in relation to any amendment of that Act that is made by this Act.
The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands etc) is exercisable in relation to any amendment of that Act that is made by this Act.
“Armed forces amendment or repeal” means—
an amendment or repeal made by Schedule 6 (amendments of the Armed Forces Act 2006), and
where a provision amended or repealed by this Act is applied by or under the Armed Forces Act 2006, the amendment or repeal of the provision as so applied.
This Act may be cited as the Offender Rehabilitation Act 2014.
Section 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256C insert—
Section 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
In Schedule A1 to the Children Act 1989 (enforcement orders), in paragraph 3, omit sub-paragraphs (1) and (2)(a).
Paragraph 6 (effect of transfers: preliminary) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In sub-paragraph (3), at the end insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows. In sub-paragraph (2)(a)— In sub-paragraph (4)(a)— In sub-paragraph (6)(f), for “paragraphs (b) and (c)” substitute “ paragraph (c) ”. At the end (after the sub-paragraph (7) inserted by section 13 of this Act) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows. In sub-paragraph (2)(a)— In sub-paragraph (4)(a)— Omit sub-paragraph (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 15 (unrestricted transfers: general) is amended as follows. In sub-paragraph (4A), for “This paragraph has” substitute “ Sub-paragraphs (3) and (4) have ”. After sub-paragraph (4A) insert—
After paragraph 19 insert—
“supervision” means—
“legislation”, in relation to an order made in relation to a provision of this Act, means—
In section 64(4) of the Criminal Justice and Court Services Act 2000 (release on licence: regulation of provision of samples given pursuant to drug testing condition), for “regulations” substitute “ rules ”.
The Criminal Justice Act 2003 is amended as follows.
Section 183 (overseas community orders: modifications of Criminal Justice Act 2003) is amended as follows. In subsection (1), omit “section 197(1) and (2) (meaning of “the responsible officer”);”. After subsection (1) insert— Omit subsections (2), (4) and (5).
an Act passed before or in the same Session as this Act, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1 of Schedule 5 (breach, revocation and amendment of service community orders) is amended as follows. In paragraph 1(2) (provisions of Schedule 8 to Criminal Justice Act 2003 disapplied), after “6(2),” insert “6A(2),”. Omit paragraph 2. After that paragraph insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2 of Schedule 5 (breach, revocation and amendment of overseas community orders) is amended as follows. In paragraph 10(2)(b) (provisions of Schedule 8 to Criminal Justice Act 2003 disapplied)— For paragraph 12 (breach of requirement of order: warning and laying of information) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows. In paragraph 1(a) (provisions of Schedule 12 to Criminal Justice Act 2003 disapplied), after “5(2),” insert “5A(2),”. Omit paragraph 4. After that paragraph insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 14
In section 4 of the Offender Management Act 2007 (probation provision that may only be made with a probation trust or other public body), after subsection (2) insert—
In section 246(2C) (time in service custody not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “ automatic release period served by the offender ”.
The Criminal Justice Act 2003 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (d), omit “and community rehabilitation centres”.
in paragraph (e), for “activity requirements” substitute “rehabilitation activity requirements”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 19
The Armed Forces Act 2006 is amended as follows.
In section 213(1) (application of provisions relating to civilian detention and training orders to service detention and training orders), for “106A and 107” substitute “ 106A to 107 ”.
The amendments made by sections 1 to 3, 4(2), 5 and 6, Part 1 of Schedule 1, Schedules 2 and 3 and paragraph 2 of Schedule 6 apply in relation to—
any person who falls to be released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 on or after the commencement day, and
any person who falls to be released under a detention and training order (including an order under section 211 of the Armed Forces Act 2006) on or after the commencement day.
The amendments made by sections 15, 17 and 18, Schedule 5 and paragraphs 8 to 11 of Schedule 6 do not apply in relation to an order made in respect of an offence committed before the commencement day.
The amendments made by section 4(3) to (8) and Part 2 of Schedule 1 apply where a person was released before the commencement day (as well as where a person is released on or after that day).
In section 183 (overseas community orders: modifications of Criminal Justice Act 2003)—
section 220A(8) (duty to obtain permission before changing residence: definition of “the appropriate court”);
after subsection (3) insert—
In section 205 (amendment of suspended sentence order with community requirements), in subsection (1)(c), for “14(5)” substitute “14(4)”.
In Part 1 of Schedule 5 (breach, revocation and amendment of service community orders), in paragraph 1(2), for “16(5)” substitute “16(4)”.
In Part 2 of Schedule 5 (breach, revocation and amendment of overseas community orders), in paragraph 10(2)(b), for the words from “10(6)” to “18(4)” substitute “10(6), 13, 16, 16A, 17(6), 18(4)”.
Section 21
The amendments made by section 8 do not apply in relation to an offence committed before the commencement day.
The amendments made by section 9 and paragraph 3 of Schedule 6 apply only where an offender is recalled on or after the commencement day.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this Schedule to have been committed on the last of those days.