Terrorist Offenders (Restriction of Early Release) Act 2020
The Criminal Justice Act 2003 is amended as follows.
After section 247 insert—
After Schedule 19 insert, as Schedule 19ZA, the Schedule set out in Schedule 1 to this Act.
The Criminal Justice Act 2003 is amended as follows.
In section 243A (duty to release certain prisoners serving less than 12 months) after subsection (1A) insert—
In section 244 (duty to release prisoners) in subsection (1), for “or 247” substitute “ , 247 or 247A ”.
In section 244A (release on licence of prisoners serving sentence under section 236A) in subsection (1), at the end insert “ , other than a prisoner to whom section 247A applies ”.
In section 246(4) (exceptions from power to release prisoners earlier than required) after paragraph (aa) insert—.
In section 246A (release on licence of prisoners serving extended sentence under section 226A or 226B) in subsection (1), at the end insert “ , other than a prisoner to whom section 247A applies ”.
In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228) in subsection (1), at the end insert “ , other than a prisoner to whom section 247A applies ”.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
After section 1AA insert—
After Schedule 1 insert, as Schedule 1A, the Schedule set out in Schedule 2 to this Act.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
In section 1 (early release of short-term, long-term and life prisoners) after subsection (8) insert—
In section 1AA (short-term prisoners: early release of certain sexual offenders) after subsection (8) insert—
In section 3AA (further powers to release prisoners) after subsection (7) insert—
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in subsection (2) at the beginning insert “Subject to subsection (2A),”, and
after subsection (2) insert—
In section 7 (children detained in solemn proceedings)—
in subsection (5)(a) after “sections” insert “ 1AB, ”, and
after subsection (7) insert—
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In section 250 of the Criminal Justice Act 2003 (licence conditions) after subsection (5B) (Secretary of State not to include, vary or cancel licence conditions unless directed by the Parole Board) insert—
Schedule 20B to the Criminal Justice Act 2003 (modifications of release provisions in certain transitional cases) is amended as follows.
In paragraph 5 (duty to release on licence at two-thirds of sentence)—
in sub-paragraph (1), after “paragraph 4 applies” insert “ (but to whom section 247A does not apply) ”;
after sub-paragraph (3) insert—
In paragraph 6(1) (duty to release on direction of Parole Board) after “paragraph 4 applies” insert “ (but to whom section 247A does not apply) ”.
In paragraph 15(2) (modification of section 247 for certain extended sentence prisoners under section 227 or 228) for “Section 247 (release of prisoner on licence) applies to P” substitute “ If section 247 (release of prisoner on licence) applies to P, it applies ”.
In paragraph 17 (licence to remain in force for three-quarters of sentence)—
in sub-paragraph (1), after “244” insert “ , 247A ”;
after sub-paragraph (1) insert—;
in sub-paragraph (3), for “(1) and (2)” substitute “ (1) to (2) ”.
In paragraph 19 (period for which licence to remain in force for section 85 extended sentence prisoners)—
in sub-paragraph (2), for the words from “the period found” to the end substitute “ the relevant period ”;
after sub-paragraph (4) insert—
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omit “under section 226B or 228 of the 2003 Act”;
for “(as the case may be) subsection (2)(b) of section 247 of” substitute “subsection (4)(b) of section 247A of, or paragraph 15(3) of Schedule 20B to,”.
The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (8).
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In section 256B (supervision after release of certain young offenders serving less than 12 months) after subsection (1A) insert—
In section 260 (early removal of prisoners liable to removal from the United Kingdom)—
in subsection (1), for “subsection (2)” substitute “ subsections (2) and (2C) ”;
in subsection (2A), at the beginning insert “ Subject to subsection (2C), ”;
after subsection (2B) insert—;
at the end insert—
In section 261 (re-entry into the United Kingdom of offender removed from prison early)—
in subsection (5)(b), for “or 247” substitute “ , 247 or 247A ”;
“requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);
In section 264 (release on licence of prisoners serving consecutive sentences)—
in subsection (6), after “ “custodial period”” insert “ , except if subsection (6A) applies, ”;
after that subsection insert—
In section 268 (interpretation of release provisions) in subsection (1A), after “ “the requisite custodial period” means” insert “ (except where it has the meaning given by section 247A(8)) ”.
In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for discretionary release)—
in subsection (2)—
after paragraph (ba) (but before the “or” at the end of it) insert—;
in paragraph (c), after “a person” insert “ , other than a terrorist prisoner, ”;
in subsection (3), after paragraph (b) insert—;
in subsection (6)—
in the definitions of “extended sentence prisoner” and “section 236A prisoner”, after “a prisoner” insert “ , other than a terrorist prisoner, ”;
“terrorist prisoner” means a prisoner to whom section 247A of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).
This section applies where—
a terrorist prisoner was sentenced before the coming into force of section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (the “1993 Act”) (inserted by section 3), and
the court, on passing sentence, made a supervised release order under section 209 of the Criminal Procedure (Scotland) Act 1995 (the “1995 Act”) in respect of the prisoner.
If the terrorist prisoner is not released under section 1AB of the 1993 Act until the end of the prisoner's sentence, the supervised release order is revoked on the prisoner's release.
If the Parole Board for Scotland recommends the release of the terrorist prisoner under section 1AB of the 1993 Act before the end of the prisoner's sentence—
the Scottish Ministers must release the prisoner unconditionally (despite section 1AB(4)), and
the supervised release order applies in relation to the prisoner subject to the modifications in subsection (4).
Where the terrorist prisoner is released under subsection (3), the supervised release order has effect during the period— and section 209 of the 1995 Act and the supervised release order are to be read accordingly.
beginning with the day on which the terrorist prisoner is released, and
ending with whichever of the following is the earlier—
the day on which the supervised release order would, but for section 3 and this section, have ceased to have effect, and
the end of the prisoner's sentence,
Terms used in this section and defined for the purposes of section 1AB of the 1993 Act have the same meaning in this section as in that section.
Section 11 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (duration of licence) is amended as follows.
In subsection (3)(a)—
after “until” insert—, and
for “such release” substitute “ the release under section 3(1) ”.
After subsection (3) insert—
The following extend to England and Wales only—
section 1 (and Schedule 1), and
sections 2, 5, 6 and 7.
The following extend to Scotland only—
section 3 (and Schedule 2), and
sections 4, 8 and 9.
This section extends to England and Wales and Scotland.
This Act comes into force on the day on which it is passed.
A reference to any paragraph of Schedule 4 to the Space Industry Act 2018 in— is to be ignored until the paragraph concerned comes into force.
Schedule 19ZA to the Criminal Justice Act 2003 (as inserted by section 1 of this Act), or
Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (as inserted by section 3 of this Act),
This Act may be cited as the Terrorist Offenders (Restriction of Early Release) Act 2020.
Section 1
This is the Schedule to be inserted as Schedule 19ZA to the Criminal Justice Act 2003—
Section 3
This is the Schedule to be inserted as Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993—