Police, Crime, Sentencing And Courts Act 2022

Part 7: Sentencing and release

Chapter 1: Custodial sentences

Section 122: Penalty for cruelty to children

Subsection (1) amends section 1 of the Children and Young Persons Act 1933 to increase the maximum penalty, upon conviction on indictment, for the offence of cruelty to a person under 16 from 10 years’ imprisonment to 14 years’ imprisonment.
Subsection (2) provides that the increased maximum penalty applies only to offences committed on or after commencement of this provision.

Section 123: Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm

Section 123 amends section 5 of the Domestic Violence, Crime and Victims Act 2004 to increase, for England and Wales, the maximum penalties available, upon conviction on indictment, for the offence of causing or allowing a child or vulnerable adult to die or suffer serious physical harm.
Subsection (2) increases the maximum penalty under section 5(7) of the 2004 Act from 14 years’ imprisonment to life imprisonment if a person dies. Subsection (3) increases the maximum penalty under section 5(8) of the 2004 Act from 10 years’ imprisonment to 14 years’ imprisonment if a person suffers serious physical harm.
Subsection (4) provides that the increased maximum penalties applies only to offences committed on or after commencement of these provisions.
Subsection (5) amends Schedule 19 to the Code, which lists offences where, if certain conditions are present, the penalty must be imprisonment for life, to include the offence of causing or allowing a child or vulnerable adult to die.

Section 124: Minimum sentences for particular offences

Section 124 amends the criteria for passing a sentence below the minimum term for particular offences. Subsection (1) provides that the Code is amended in accordance with subsections (2) to (7).
The changes apply to offences relating to the (i) minimum sentence of 6 months (adults) or 4 months detention and training order (16- and 17-year-olds) for threatening with a weapon or bladed article (section 312 of the Code), (ii) minimum sentence of 7 years for third class A drug trafficking offence (section 313 of the Code), (iii) minimum sentence of 3 years for third domestic burglary (section 314 of the Code) and (iv) minimum sentence of 6 months (adults) or 4 months detention and training order (16- and 17-year olds) for a repeat offence involving weapon or bladed article (section 315 of the Code).
Subsections (2) to (5) amend subsection (2) of each of sections 312 to 315 of the Code and insert a new subsection (2A). Subsection (2) sets out the current criteria for passing a sentence below the minimum term and provides that the court must impose an appropriate custodial sentence, except where the court is of the opinion that there are particular circumstances which relate to the offence or to the offender; and would make it unjust to do so in all the circumstances. New subsection (2A) of each of sections 312 to 315 provides that the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which relate to the offence or to the offender and justify not doing so. Subsection (2) of each of sections 312 to 315 has been amended so that it applies to cases where the offence was committed before the commencement of the provisions. New subsection (2A) of each of sections 312 to 315 applies to offences committed on or after the commencement of the provisions.
Subsection (6) amends section 316(1)(a) (appeals where previous conviction set aside) of the Code to refer to each of the new subsections (2A) for the repeat strike offences that were listed in these provisions.
Subsection (7) amends section 320 of the Code to include an offence under section 312 so that where an offence is found to have been committed over or during a period of two or more days, it is taken to be committed on the last of those days.
Subsection (8) amends section 399(c) (mandatory sentence requirements) of the Code to refer to the new subsections (2A) for the offences in sections 312-315 of the Code.
Subsection (9) amends uncommenced provisions in Schedule 22 to the 2020 Act. There are provisions in this schedule that abolish sentences of detention in a young offender institution ("DYOI"). Once these provisions are commenced, any references to DYOI sentences in sections 313 and 314 of the Code will need to be removed. Subsections (9)(a) and (b) therefore amend paragraphs 66 and 67 of Schedule 22 so that, once commenced, the references to DYOI sentences in the new subsection (2A) in each of sections 313 and 314 will be removed.
Subsection (10) introduces Schedule 12 which contains the consequential amendments. Subsections (10) and (11) make clear that these amendments apply to offences committed on or after the commencement of these provisions and that where an offence is found to be committed over several days, it is taken to be committed on the last of those days.

Schedule 12: Minimum sentences for particular offences: consequential amendments

Schedule 12 amends section 37 of the Mental Health Act 1983 so that subsection (2A) will apply for offences committed on or after commencement of the Act.
Schedule 12 also makes amendments to sections 225(2), 226(2) and 227A(1A) and (2) of the Armed Forces Act 2006 Act, plus several minor consequential amendments to that Act, to ensure that the armed services justice regime is aligned with the civilian system.

Section 125: Whole life order as starting point for premeditated child murder

Section 125 amends Schedule 21 to the Code to extend the application of whole life orders. Whole life orders are the most severe penalty available in the justice system and requires that a prisoner spend the rest of his or her life in prison without the possibility of release on parole, unless there are compassionate grounds for possible release.
Section 125 inserts a new subparagraph (ba) in paragraph 2(2) of Schedule 21 to the Code. Section 322 of the Code requires the court to have regard to the principles in Schedule 21 when assessing the seriousness of murder cases and in deciding on the appropriate minimum term for a mandatory life sentence. Paragraph 2(2) of Schedule 21 deals with exceptionally serious cases in which the court should normally consider a whole life order as its starting point and gives examples of circumstances where a whole life order should be the starting point. New paragraph 2(2)(ba) adds the murder of a child if it involves a substantial degree of premeditation or planning to such circumstances. This additional criterion applies to offences committed on or after the date on which these provisions in the Act come into force.

Section 126: Whole life orders for young adult offenders in exceptional cases

Section 126 amends the Code. Subsection (2)(a) amends section 321(3)(a) of the Code to add a reference to new subsections (3A) and (3B) and subsection (2)(b) inserts new subsections (3A) to (3C) into section 321. New subsection (3A) restates the current position which is that when imposing a life sentence, a whole life order may be imposed where the offender was aged 21 or over when the offence was committed.
New subsections (3B) and (3C) create an exception to the usual position that someone must be at least 21 years of age to receive a whole life order by allowing for the application of whole life orders in exceptional circumstances to those who are aged 18 or over but under 21 at the time when the offence is committed.
New subsections (3B) and (3C) apply to offences that are committed on or after the date on which these provisions in the Act come into force. The test set out in new subsections (3B) and (3C) is that where the offender is aged 18 or over but under 21 when the offence was committed, the court may impose a whole life order if it considers that the seriousness of the offence (or combination of offences) is exceptionally high even by the standard of offences that would normally attract a whole life order as the starting point for offenders aged 21 and over.
Section 322 of the Code makes further provision in relation to mandatory life sentences. Subsection (3) amends section 322(3)(a) which sets out the considerations for the court to make in determining seriousness. Subsection (3) amends this provision to include a reference to new subsection (3C) so that the new test to impose whole life orders for 18 to 20-year-olds is considered by courts on determining the seriousness of the offence or offences. Section 146 inserts new subsection (5) in section 261A of the Armed Forces Act 2006 to ensure that the changes to the provisions on whole life orders in sections 321 to 322 and Schedule 21 to the Code will also apply to life sentences imposed by Court Martial.

Section 127: Starting points for murder committed when under 18

This section inserts new paragraph 5A into Schedule 21 to the Code in place of the existing paragraph 6. It replaces the 12-year starting point for all children who commit murder with different starting points based on the age of the child and the seriousness of the offence.
The starting points are set out in a table. Column 1 includes three age groups; those aged 14 or under, 15 to 16-year-olds and 17-year-olds. Each age group has a starting point for each of the four levels of seriousness of the offence. These levels of seriousness are the same as set out in paragraphs 2(1), 3(1), 4(1) and 5(1) of Schedule 21which apply to adults who commit murder.
For children, cases with a level of exceptionally high seriousness (paragraph 2) fall into the starting point of paragraph 3. This reflects paragraph 3(2)(i) of the Code which states that a murder that would fall within paragraph 2 of the Schedule falls into paragraph 3 if the offender was aged under 21 when the offence was committed.
This section also applies the changes that replace the current starting point to service personnel who are sentenced to Detention at Her Majesty’s Pleasure ("DHMP").

Section 128: Sentences of detention during Her Majesty’s pleasure: review of minimum term

Subsection (1) amends the Crime (Sentences) 1997 Act to insert new sections 27A and 27B. These new sections introduce a minimum term review process for individuals who are sentenced to DHMP under the age of 18. These individuals are referred to as ‘an eligible life prisoner’. The purpose of the review is to determine if there should be reduction in their minimum term.
New section 27A (Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review) sets out that an eligible prisoner can apply for a review once they have served half of the minimum term of their sentence. They can apply for a further review once two years have passed since the previous application was determined. They can apply for that further review only if they are under the age of 18 when they make the application.
The application for a review is made to the Secretary of State. The Secretary of State considers the application and, unless they decide the application is frivolous or vexatious, refers it to the High Court.
Where the decision is not to refer to the application to the High Court, the Secretary of State must inform the eligible life prisoner of the decision and the reasons for it.
If the eligible life prisoner makes representations or provides further evidence in support of their application within four weeks of being informed of the initial decision, the Secretary of State must consider those representations or evidence. If the Secretary of State no longer considers the application to be frivolous or vexatious they refer it to the High Court. Otherwise, the Secretary of State informs the eligible life prisoner of the decision not to refer the application.
Subsection (7) of new section 27A defines a DHMP sentence as one that has been imposed either before or after this section comes into force and was made under one of the provisions listed in column 1 of the table at subsection (8).
It defines the minimum term as the term that was given for the DHMP sentence or if there have been reductions made (under the tariff review process), the term after the most recent of those reductions has been made.
It defines the minimum term order is the order made under the provision listed in column 2 of the table at subsection (8) that corresponds to the appropriate provision in column 1.
The application for a minimum term review is determined either when the High Court makes the decision to reduce the minimum term or not, or when the Secretary of State informs the eligible life prisoner that their application will not be referred to the High Court.
Where an eligible life prisoner made an application for a minimum term review before this new section comes into force, if they had served at least half of their minimum term when they made their application, it should be treated as though it was made under this new section.
Subsection (11) removes the right from anyone sentenced to DHMP from requesting a review unless the requirements of this new section are met.
New section 27B (Power of High Court to reduce minimum term) sets out the process when the Secretary of State refers an application for a tariff review to the High Court. The High Court can decide to either reduce the minimum term or confirm that the original minimum term length remains. The decision of the High Court is final. The High Court decides on the appropriate length of any reduction.
New section 27B(4) sets out the evidence that the High Court must particularly take into account when deciding on whether to reduce a minimum term. This can be amended by regulations made by the Secretary of State (subject to the affirmative resolution procedure).
Subsection (2) amends section 28 of the Crime (Sentences) 1997 Act to ensure that the release of life prisoners takes into account any reductions made to a minimum term under the tariff review process.
Subsection (3) provides for transitional cases so that where an eligible life prisoner made an application for a minimum term review before this new section comes into force, if they had served at least half of their minimum term when they made their application, the application should be considered under the policy that existed prior to the new section coming into force.
This section also applies the review of the minimum term process to service personnel who are sentenced to DHMP under section 218 of the Armed Forces Act 2006.

Section 129: Life sentence not fixed by law: minimum term

Section 129 amends section 323 of the Code. That section sets out the approach the court must take to determine a minimum term when it is required to make a minimum term order (rather than a whole life order) for those persons given a discretionary life sentence. A discretionary life sentence is a life sentence for offences other than murder where the judge has a discretion to impose a life sentence if the seriousness of the offence or the previous criminal record of an offender warrants it. The minimum term order must specify a minimum term, commonly referred to as a tariff, which the person is required to serve in custody before being considered for release by the Parole Board. The amendments change the starting point for the determination of the minimum term to at least two-thirds of the equivalent determinate sentence or custodial term of such sentence. The changes will apply to any sentence that is imposed after the provision comes into force, including in respect of offences committed before the provision comes into force.
Subsection (1)(a) inserts new subsections (1A) to (1C) into section 323 of the Code.
New subsections (1A) and (1B) of section 323 set out that the starting point in determining the minimum term is the relevant portion of the notional determinate sentence. The notional determinate sentence is the custodial sentence that the court would have imposed if the court had not imposed a discretionary life sentence.
New subsection (1C) of section 323 defines the relevant portion depending on the notional determinate sentence. Paragraph (a) provides that if the notional determinate sentence would be a determinate sentence that attracts no early release before the end of the appropriate custodial term, then the relevant portion is the whole of the appropriate custodial term that the court would have determined for such a sentence. Determinate sentences that attract no early release in this regard are extended determinate sentences (imposed under sections 254, 266 or 279 of the Code) and serious terrorism sentences (imposed under sections 268A or 282A of the Code) where, in accordance with section 247A(2) of the CJA 2003, the early release provisions of that section do not apply. Paragraph (b) provides that if the notional determinate sentence would be any other extended determinate sentence that is not within paragraph (a) or a sentence of particular concern (imposed under sections 252A, 265, or 278 of the Code) then the relevant portion is two-thirds of the appropriate custodial term that the court would have determined for that sentence. Paragraph (c) provides that if the notional determinate sentence is any other custodial sentence, then the relevant portion is two-thirds of the term that the court would have determined for that sentence.
Subsection (1)(b) amends subsection (2) of section 323 of the Code. It provides that the minimum term must be the starting point (as determined in accordance with new subsections (1A)-(1C)) adjusted as the court considers appropriate, which retains judicial discretion to adjust the starting point for the minimum term where the court considers appropriate. Once the appropriate starting point is determined, the court then takes into account the matters set out in existing paragraphs (a) and (c). Paragraph (a) concerns the seriousness of the offence or the combination of the offence and one or more offences associated with it. Paragraph (c) concerns the crediting of periods on remand or similar. The section omits section 323(2)(b), which was the previous provision by which the court considered the release provisions that applied to determinate sentences against release for those subject to a discretionary life sentence.
Subsection (2) amends section 261A of the Armed Forces Act 2006. That section provides that section 323 of the Code applies as if references to a court include the Court Martial and subject to amendments as it applies in relation to a life sentence passed by the Court Martial. The section amends section 323 as it applies to a Court Martial to refer to the equivalent sentencing provisions of the Armed Forces Act 2006 in place of the sentencing provisions referred to in new section 323(1C)(b) above.
Subsection (3) makes consequential amendments to the Code and the Armed Forces Act 2006 regarding the prospective abolition of sentences of detention in a young offender institution.

Section 130: Increase in requisite custodial period for certain violent or sexual offenders

Section 130 makes amendments to the automatic release provision for certain violent or sexual offenders sentenced to a standard determinate sentence ("SDS") set out in section 244 of the CJA 2003.
Subsection (3) inserts new section 244ZA in the CJA 2003 which makes special provision for the release on licence of certain violent or sexual offenders serving standard determinate sentences.
New section 244ZA (1) provides that the Secretary of State has a duty to release a prisoner on licence to whom this section applies once they have served the requisite custodial period, which is defined in new section 244ZA(8) as two-thirds of the sentence.
New section 244ZA(2) to (7) prescribe which offenders and offences the two-thirds release point will apply to.
New section 244ZA(4) and (9) replace the Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158) and will apply to prisoners if they are subject to a sentence of imprisonment or detention under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 262 of the Code, that was imposed on or after 1 April 2020 where the term is 4 years or more, for an offence that is specified in Part 1 (violent offences) or Part 2 (sexual offences) of Schedule 15 to the CJA 2003 which attract a maximum penalty of life imprisonment.
New section 244ZA(5) will apply to prisoners who are subject to a sentence of imprisonment or a sentence of detention under section 262 of the Code for a term of at least 4 years but less than 7 years, imposed on or after the day on which this section comes into force in respect of an offence listed in subsection (7).
New section 244ZA(6) will also apply to young offenders who are subject to a sentence of detention under section 250 of the Code for a term of seven years or more, in respect of an offence listed in subsection (7).
Subsection (4) amends section 260(5) of the 2003 Act to ensure that any prisoner subject to new section 244ZA who has been removed from prison for the purposes of deportation (under the Early Removal Scheme ("ERS")) but remains in the United Kingdom is still subject to the duties and powers of the Secretary of State in the same way as if the prisoner remained in custody.
Subsection (5) amends section 261(5) of the CJA 2003 to provide that where an offender subject to those release provisions has been removed from prison to be deported under the ERS and then re-enters the UK before their sentence expiry date, they are still liable to serve the outstanding custodial part of their sentence.

Section 131: Increasing in requisite custodial period for certain other offenders of particular concern

Section 131 amends the CJA 2003 by inserting a new subsection into section 244A and consequentially amending section 264, which deals with consecutive sentences of imprisonment. Section 131 provides that offenders serving a SOPC (including service offenders under section 224A of the Armed Forces Act 2006) imposed after commencement of the provision cannot be considered for discretionary release by the Parole Board until they have served two-thirds of their custodial term (replacing one-half). Subsection (3) provides for the same change for those serving a SOPC consecutively along with another term of imprisonment.

Section 132: Power to refer high-risk offenders to Parole Board in place of automatic release

Section 132 inserts new provision into the CJA 2003 for high-risk offenders who would otherwise be due for automatic release at the halfway or two-thirds point of their sentence. This section will also apply to service prisoners by virtue of sections 237(1) and (1B) of the CJA 2003.
The Secretary of State has a duty under the CJA 2003 to automatically release certain fixed term prisoners from custody. Under section 243A, prisoners must be released unconditionally before the end of their sentence. Under section 244 and new 244ZA (inserted by section 132, prisoners must be released once they have served the requisite custodial period to serve the remainder of their sentence on licence. The date on which this would occur is known as their automatic release date. The new provision, to be inserted as sections 244ZB and 244ZC of the CJA 2003, would enable the Secretary of State to refer certain prisoners to the Parole Board instead of automatically releasing them. The prisoner would then not be released until the Board decides it is safe to do so or the offender reaches the end of their sentence. The power may be exercised if the Secretary of State believed on reasonable grounds that the release of the prisoner would pose a significant risk of serious harm to the public by committing murder or certain ‘specified’ offences within the meaning of section 306 of the Code (mainly of a violent, sexual or terrorist nature).
New section 244ZB(4)-(8) provide for the notice procedure, which has the effect of overriding the automatic release date whilst in force. This procedure places a duty on the Secretary of State to notify the prisoner of the intention to refer the prisoner to the Board instead of automatically releasing them. Under new section 244ZB(5), such notice must be given before their automatic release date. New section 244ZB(6) specifies that the notice must explain the effect of the referral in relation to the prisoner’s release, the Secretary of State’s reasons for making the referral and the prisoner’s right to make representations, which can be made at any time up until the Board decides on the prisoner’s case under new section 244ZB(11).
Under new section 244ZB(7), the notice takes effect from when it is received by the prisoner (or when it would ordinarily be expected to be received by the prisoner) and remains in force until the Secretary of State refers the case to the Parole Board, or the notice is revoked.
In a case where the Secretary of State no longer believes that the prisoner would pose a significant risk of harm to the public if released, new section 244ZB(8) places a duty on the Secretary of State to revoke the notice, in which case the prisoner’s automatic release entitlement will be restored and they will be automatically released under the relevant section of the CJA 2003.
Under new section 244ZB(9), a prisoner to whom this mechanism applies will be able to apply to the High Court if their automatic release date has passed and their release has been delayed for longer than is reasonably necessary for the Secretary of State to carry out the referral to the Board. The High Court must revoke the notice if unreasonable delay is made out.
New section 244ZB(10) and (11) provide that the Secretary of State may cancel a referral to the Board, and must do so if they no longer consider the prisoner to pose a significant risk to the public. This may happen at any time until the Parole Board has concluded its consideration of the prisoner’s case. As with a revoked notice, if the Secretary of State rescinds a referral, the prisoner is to be treated as if they were never referred and will be automatically released under the relevant section of the CJA 2003.
New section 244ZB(12) provides for the prisoner to make representations to the Secretary of State following the notice under new section 244ZB(4). It also makes it clear that if representations have not been received from the prisoner, this will not delay the referral to the Board.
Section 132 also inserts new section 244ZC which provides for offenders referred to the Board under new section 244ZB. New section 244ZC(2) states that where the Board do not release a prisoner referred under new section 244ZB, the Secretary of State must refer them to the Board again no later than a year after the last referral and then annually thereafter.
New subsections 244ZC(3)-(6) provide for the release of a prisoner referred under new section 244ZB from custody. New section 244ZC(3) places a duty on the Secretary of State to release these offenders on licence once the requisite custodial period has been served (defined in new section 244ZC(6) as the period which the prisoner would have been eligible for release had they not been referred under new section 244ZB), and the Board has directed it. New section 244ZC(4) provides the Board must not direct release unless it is no longer necessary for the protection of the public that the prisoner should be confined.
New section 244ZC(5) excludes prisoners who have been referred to the Parole Board under new section 244ZB from early release subject to home detention curfew.
New section 244ZC (6) and (7) exclude prisoners who have been recalled from being considered for automatic release under section 255A(2) of the CJA 2003. This means that ‘re-release’ will be considered by the Parole Board under section 255C.
New section 244ZC(8) provides that an offender who has been removed from prison as part of the early removal scheme for foreign national offenders remains subject to new section 244ZB whilst in the UK.
New section 244ZC(9) provides that an offender who has already been removed from the UK for deportation purposes who would have fallen into scope of new section 244ZC if they had not been removed is subject to those provisions if they return before the end of the sentence.
New section 244ZC(10) establishes the definition of "the requisite custodial period" in the Interpretation provision for Chapter 6 of Part 12 of the CJA 2003.
New section 244ZC(11) ensures that new sections 244ZB and 244ZC continue to apply to prisoners who are transferred on a restricted basis to Scotland or Northern Ireland, in keeping with other relevant provisions of the CJA 2003.
New section 244ZC(12) adds new sections 244ZB and 244ZC to the list of provisions in section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which allows for the tests to be applied by the Parole Board when considering initial release on licence to be altered by secondary legislation.

Section 133: Power to make provision for reconsideration and setting aside of Parole Board decisions

Section 133 expands the rules the Secretary of State may make under section 239(5) of the CJA 2003, concerning proceedings of the Parole Board, by inserting new subsections (5A) to (5C).
New section 239(5A) provides that such rules may make provision requiring or permitting the Parole Board to make provisional decisions which must or may be reconsidered before they become final. The rules may also confer a power on the Parole Board to be able to set aside its decisions and directions if they fall within new section 239(5B). These rules may be concerned with Parole Board cases dealt with under Chapter 6 of Part 12 of the CJA 2003 (which deals with release of fixed-term prisoners) or under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (release of life and indeterminate prisoners).
New section 239(5B) sets out two instances where provision may be made in the rules for the Parole Board to set aside a decision or direction. The first is concerned with both decisions not to release or directions to release where the Parole Board determines that it would not have given or made its decision or direction but for an error of law or fact. The second is only concerned with directions to release where the Parole Board determines it would not have made the direction if either:
- information that was not available to the Board when the direction was given had been so available; or
- a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given.

New section 239(5C) provides that the power to set aside a direction to release cannot apply where the prisoner has already been released from prison in accordance with that direction and is in the community on licence. It also provides that the rules may suspend any requirement on the Secretary of State to release a prisoner following a direction from the Board in cases where a decision of the Board is pending on whether to set aside the release direction.

Section 134: Responsibility for setting licence conditions for fixed-term prisoners

Section 134 amends section 250 of the CJA 2003 which deals with the setting and variation of licence conditions for fixed term prisoners when they are released and subsequently when in the community. The section substitutes existing subsections (5A) to (5B) with new subsections (5A) to (5C) to provide that the Secretary of State must not include, vary or cancel certain licence conditions on the licences of certain prisoners released in accordance with certain provisions unless the Board has directed their inclusion, variation or cancellation.
The section also makes provision to treat any condition of a licence in force before commencement which required a direction of the Board but had not received one as if from commencement such a direction had been given.

Section 135: Repeal of uncommenced provision for establishment of recall adjudicators

Sections 8 to 10 of, and Schedule 3 to, the Criminal Justice and Courts Act 2015 introduced provisions, that have not been commenced, for the creation of a new body of decision makers called ‘recall adjudicators’. This was with the intention of removing from the Parole Board the responsibility for reviewing the detention of recalled fixed-term prisoners and instead have those cases reviewed by recall adjudicators appointed by the Secretary of State.
Section 135 repeals those uncommenced provisions.

Section 136: Release at direction of Parole Board after recall: fixed-term prisoners

Section 136 amends the provisions dealing with the recall and further release of prisoners in Chapter 6 of Part 12 of the CJA 2003.
Subsection (2) amends section 255B of the CJA 2003 which deals with recalled prisoners who are subject to automatic release after a fixed period. New subsection (4A) is inserted to specify that when considering whether to direct the re-release of a prisoner early within that fixed period, the Board must not direct release unless satisfied that the public protection test (being the test specified for all other parole release cases) is met.
Subsection (3) amends section 255C of the CJA 2003 which deals with recalled prisoners who are not subject to automatic release. New subsection (4A) is inserted to specify that when considering whether to direct re-release following the recall, the Board must not direct release unless satisfied that the public protection test is met.
Subsection (4) omits section 256 of the CJA 2003. That section concerns prisoners who have been recalled to custody and their case referred by the Secretary of State to the Parole Board for a decision on whether to direct the prisoner’s re-release on licence. The section provides that where the Parole Board does not direct the prisoner’s immediate release it must either fix a specific date for release or determine the reference by making no direction for release. The ability for the Parole Board to fix a specific date for release, and consequentially section 256 of the CJA 2003, is no longer needed as a consequence of the amends made by this section to sections 255B, 255C and 256A of the CJA 2003 and the new provision for timing of release made by section 137.
Subsection (5) amends section 256A of the CJA 2003 dealing with the further review of recalled prisoners. Subsection (1) of that section is substituted for new subsections (1) and (1A) to provide where release of a prisoner is not directed following their initial recall, the Secretary of State is required to refer their case back to the Parole Board for a decision on release within one year of the Parole Board decision. New subsection (1B) provides that referral is not required if the date on which the Secretary of State is to automatically release the prisoner is less than 13 months from the previous Parole Board decision. Subsections (4) and (5) are substituted to provide that following the referral the Parole Board must not direct release of the prisoner unless satisfied that the public protection test is met and if such a direction is given the Secretary of State must give effect to that direction.
Subsection (6) inserts a new section 256AZA into the CJA 2003 dealing with release after recall where an offender recalled to custody is serving two or more terms of imprisonment or detention. In those circumstances the new section provides that nothing in the release after recall provisions (sections 255A to 256A of the CJA 2003) requires the Secretary of State to release the recalled offender in respect of any of his terms of imprisonment or detention unless and until the Secretary of State is required to release the offender in respect of each of the terms. The section also provides that nothing in those provisions requires the Secretary of State to refer the recalled offender’s case to the Parole Board in respect of any of the terms unless and until the Secretary of State is required either to refer the offenders case to the Board, or release the offender, in respect of each of the terms. As a consequence, a recalled offender may not have their case referred to the Parole Board in accordance with the release after recall provisions if at the point a referral is otherwise required to be made they are serving another term of imprisonment or detention which does not then require such referral.
Subsection (7) removes a transitional provision for prisoners subject to earlier release provisions which becomes redundant on the omission of section 256 of the CJA 2003.

Section 137: Power to change test for release of fixed-term prisoners following recall

Section 137 inserts a new section 256AZB in Chapter 6 of Part 12 of the CJA 2003. This provides an order-making power (subject to the affirmative procedure) to change the test to be applied when the Secretary of State decides whether automatic release from a recall is suitable (as prescribed in section 255A) and the tests applied by the Secretary of State and Parole Board for release following recall (as prescribed in sections 255B, 255C and 256A of the CJA 2003).

Section 138: Imprisonment for public protection etc: duty to refer person released on licence to Parole Board

Section 138 amends section 31A of the 1997 Act. That section relates to licence termination for offenders serving ‘preventative sentences’, namely sentences of Imprisonment for Public Protection ("IPP"); the youth equivalent - Detention for Public Protection ("DPP"), and the armed forces equivalents.
A person serving a preventative sentence who has been released on licence after having served the custodial part of that sentence is entitled to make an application to the Parole Board to have their licence terminated once the ‘qualifying period’ has expired. The qualifying period is 10 years from the offender’s first release from prison. If the Parole Board is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, it will direct the Secretary of State to make an order that the licence is to cease to have effect and is therefore terminated.
Subsections (2) and (6) clarifies that time spent in prison following recall under section 32 does not affect the calculation of the 10-year qualifying period for licence termination.
Subsection (3) substitutes section 31A(3) of the 1997 Act. In place of the existing application by the prisoner to the Parole Board for consideration of termination of the licence, the Secretary of State must refer the prisoner’s case to the Parole Board for such consideration. That reference must be made where the prisoner has been released on licence in respect of the preventative sentence and the qualifying period has expired and, if a previous reference has been made, 12 months have expired since the Parole Board disposed of the reference.
Subsection (4) makes consequential amendments to section 31A(4) of the 1997 Act changing an application by a prisoner to a reference by the Secretary of State.
Subsections (5) provides for the position where the automatic referral falls when an offender is recalled under section 32 of the 1997 Act. In such a case the offender will not be on licence so the licence cannot be revoked by the Parole Board, so instead provision is made for the Parole Board to instead determine whether it is satisfied that it is no longer necessary for the protection of the public that, when released, the offender remains under the IPP licence. If the Parole Board is satisfied to that effect, it will direct the Secretary of State to release the offender unconditionally.
Subsections (7) to (8) make transitional provision for applications made but not determined by the Parole Board before commencement, providing the application is to be dealt with as if had been a reference by the Secretary of State instead of an application by the offender. Subsections (9) and (10) make transitional provision for applications dismissed by the Parole Board before commencement to allow for the trigger for the next referral to count from the date of the last disposal.

Section 139: Release at direction of Parole Board: timing

Section 139 amends Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 ("the 1997 Act") (which deals with the release of life and indeterminate sentenced prisoners) and Chapter 6 of Part 12 of the CJA 2003 (release and recall of fixed-term prisoners) to make provision for the timing of a prisoner’s release following a direction by the Parole Board.
Subsection (1)(a) removes the reference to ‘immediate’ in section 32(5) of the 1997 Act, which otherwise provides on a reference to the Board by the Secretary of State of a recalled life prisoner, the Secretary of State must give effect to any direction for immediate release of that prisoner by the Board.
Subsection (1)(b) inserts a new section 32ZB into the 1997 Act. The new section provides that where the Parole Board directs the initial release of a life prisoner under section 28 of the 1997 Act, or their release after recall under section 32 of the 1997 Act, the Secretary of State must give effect to the direction as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence of the life prisoner. The duty to give effect to the direction is also noted as being subject to any provision to suspend that requirement in rules concerning the setting aside of Parole Board directions.
Subsection (2)(a) removes the reference to ‘immediate’ in section 255B(5) and 255C(5) of the CJA 2003, which otherwise provide, similar to the above, that on a reference to the Board by the Secretary of State of a recalled fixed-term prisoner, the Secretary of State must give effect to any direction for immediate release of that prisoner by the Board.
Subsection (2)(b) inserts a new section 256AZC into the CJA 2003. Similar to the above, the new section provides that where the Parole Board direct the release of any fixed-term prisoner under Chapter 6 of Part 12 of the CJA 2003 (that is, on initial release where relevant or release after recall), the Secretary of State must give effect to the direction as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence of the prisoner. As for life prisoners, the duty to give effect to the direction is also noted as being subject to any provision to suspend that requirement in rules concerning the setting aside of Parole Board directions.

Section 140: Extension of driving disqualification where custodial sentence imposed: England and Wales

Section 140 makes amendments to section 35A of the Road Traffic Offenders Act 1988 ("RTOA 1988") and to section 166 of the Code to ensure that where there have been changes to release provisions in England and Wales through recent legislation this is accurately reflected in the appropriate extension period required when a driver disqualification is imposed with a custodial sentence.
Subsection (1) amends section 35A(4) of the RTOA 1988. Subsections (1)(a) and (b) amend, respectively, paragraph (e) and (f) of section 35A(4) of the RTOA 1988, and subsection (1)(c) inserts a new section 35A(4)(fza) of the RTOA 1988. Together, they provide for imposition of an appropriate extension period equal to the appropriate custodial term for terrorist offenders serving an extended sentence who are subject to section 247A(2A) of the CJA 2003, for whom no early release is possible.
Subsection (1)(d) makes provision for the correct appropriate extension period for special sentences for offenders of particular concern ("SOPC") by adding reference to the new youth terrorism SOPC (section 252A of the 2020 Act) and changing the period from half to two-thirds of the custodial term.
Subsection (1)(e) inserts new section 35A(4)(fb) to (fd). New section 34A(4)(fb) makes provision for the correct appropriate extension period for serious terrorism sentences (imposed under section 268A and 282A of the 2020 Act) of the whole custodial term imposed by the Court in those cases.
New section 35A(4)(fc) makes provision for the appropriate extension period in the case of a sentence to which new section 244ZA of the CJA 2003 will apply to be two-thirds of the sentence. New section 34A(4)(fd) makes provision for the correct appropriate extension period for terrorist offenders sentenced to an SDS and subject to release under section 247A of the CJA 2003 of two-thirds of the sentence.
Subsection (2) amends section 166 of the Code which prescribes the relevant appropriate extension periods for offenders convicted after 1 December 2020. Subsection (2)(a) updates the table in section 166(5) to provide for a two-thirds appropriate extension period for all SOPC sentences.
New entries 6B and 6C to the table in section 166(5) of the Code provide for an appropriate extension period of two-thirds of the sentence for terrorist offenders serving a standard determinate sentence, and for serious offenders subject to the new release provisions under section 244ZA of the CJA 2003 (as inserted by this Act).
New section 166(5A) of the Code clarifies where section 247A(2A) of the CJA 2003 would apply in respect of extended sentences for terrorist offenders who are not eligible for early release, the appropriate extension period is equal to the whole custodial term imposed.
Subsection (3) ensures that the amendments made by subsection (2)(a)(i) do not apply to a person who is sentenced between the passing of the Act (when this section comes in to force) and the coming in to force of section 131 two months later and who will be a person to whom section 244A of the CJA 2003 applies.
Subsection (4) provides for prospective consequential amendments to these provisions, should the sentence of detention in a young offender institution be repealed.
Section 116 Subsection (4) repeals paragraph 34 of Schedule 22 to the Coroners and Justice Act 2009, which is a now-defunct order-making power relating to appropriate extension periods for old sentences imposed under the Criminal Justice Act 1991.

Section 141: Increase in driving disqualification periods under certain existing orders: England and Wales

Section 141 makes provision to amend the appropriate extension period for certain offenders whose appropriate extension period does not align with the release provision of their sentence.
Section 141 applies where a driving disqualification order was imposed before commencement in accordance with the provisions specified in subsection (3). Where an offender is subject to section 244ZA (or SI 2020/158 before commencement of that section) or 247A of the CJA 2003, has been made subject to an incorrect appropriate extension period as part of their disqualification order, and they are yet to be released, new subsection (2) of this Section (section 141) applies to adjust the appropriate extension period to the length it would be had it been imposed after commencement of section 140.
Subsection (5) ensures that any sentence imposed under a provision that may then be repealed by the 2020 Act that are referenced in subsection (1)(d), (2)(d) and (4) are read as referring to an equivalent sentence imposed under corresponding provision in the 2020 Act.

Section 142: Extension of driving disqualification where custodial sentence imposed: Scotland

Section 142 makes amendments to section 35C of the RTOA 1988 and to section 248D of the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act") to ensure that release provisions in Scotland are accurately reflected in the appropriate extension period required when a driver disqualification is imposed with a custodial sentence. The measures provide for the appropriate extension period to reflect the earliest potential release point of the relevant sentence.
Subsections (2)(a) and (d) amend section 35C(4) of the RTOA 1988. Subsection (2)(a) inserts new paragraphs (aa), (ab) and (ac), which provide for the appropriate extension period lengths for those who receive a serious terrorism sentence or an extended sentence. Subsection (2)(d) inserts new paragraphs (ca) and (cb) which provide the appropriate extension period lengths for those serving a terrorism sentence and all other terrorist offenders.
Subsections (2)(b) and (c) remove references in section 35C to the Custodial Sentences and Weapons (Scotland) Act 2007 ("the 2007 Act"), which is yet to be commenced.
Subsections (3) and (4) make provision in subsections (7) and (8) of section 35C to provide that, if the proportion of sentence to be served under the Prisoners and Criminal Proceedings (Scotland) Act 1993 (the 1993 Act) is changed by the Scottish Ministers by amending order, the Secretary of State for Justice may by further order provide that the appropriate extension period may be read as that new proportion.
Subsection (5) inserts new definitions and replaces definitions from the uncommenced 2007 Act with existing definitions from the 1993 and 1995 Acts.
Subsections (6) to (10) make the same amendments to section 248D of the 1995 Act.
Subsection (11) repeals the power to make interim arrangements pending commencement of the 2007 Act which is rendered unnecessary by the changes.

Section 143: Increase in driving disqualification periods under certain existing orders: Scotland

Section 143 makes provision to amend the appropriate extension period for certain terrorist offenders whose appropriate extension period does not align with the release provision of their sentence.
Section 143 applies where a driving disqualification order was imposed before commencement of this Act in relation to a sentence of imprisonment to which section 1AB of the 1993 Act applies, where the appropriate extension period for the purposes of the order would have been longer had the sentence been imposed after the commencement of Section 140 but where the offender has not yet been released in respect of that sentence.
In such circumstances, subsection (2) applies to adjust the appropriate extension period to the length it would be had it been imposed after commencement of section 140.

Section 144: Calculation of period before release or Parole Board referral where multiple sentences being served

Section 144 provides clarification on when automatic release will take place and when referral to the Parole Board is required where a prisoner is serving concurrent or consecutive sentences.
Subsection (1) inserts new section 33A in the Crime (Sentences) Act 1997 ("the 1997 Act") to deal with release where fixed-term sentences are concurrent with or consecutive to life sentences and makes consequential amendments.
New section 33A(2) provides that release cannot take place from the life sentence until the prisoner must also be released from the fixed-term sentence.
New section 33A(3) provides that referral to the Parole Board in respect of the life sentence does not take place before the parole referral date or automatic release date (whichever is applicable) of the fixed-term sentence is reached.
New subsection 33A(4) provides that, for the purposes of the above provisions, the existence of the life sentence is to be ignored when considering what the release provisions which apply to the fixed-term sentence required. (That is to avoid circularity with new section 267C of the CJA 2003 – see below.)
New subsection 33A(5) defines the "fixed-term provisions" as those set out in Chapter 6 of Part 12 of the CJA 2003.
Subsections (2)-(8) amends Chapter 6 of Part 12 of the CJA 2003 to substitute references to subsection (2) of section 264 with references to the new subsections (2B), (2D) and (2E) of that section as inserted by subsection (10) of Section 142 in relation to requisite custodial periods – as below.
Subsection (9) inserts new subsection (2)(aza) in section 263 of the CJA 2003 – dealing with concurrent terms – to provide that referral to the Parole Board, where there are concurrent fixed-term sentences, does not take place until the latest referral date on each of the sentences, or automatic release date where relevant, is reached.
Subsection (10)(a) replaces subsection (2) of section 264 of the CJA 2003 – dealing with consecutive terms – with new subsections (2A) to (2F).
New subsection (2A) applies new subsection (2B) where none of the consecutive sentences are subject to the parole process.
New subsection (2B) requires an offender to serve the aggregate of all the relevant consecutive custodial periods before being released on licence.
New subsection (2C) applies new subsections (2D) and (2E) where at least one of the consecutive sentences is subject to the parole process.
New subsection (2D) provides that referral to the Parole Board does not take place until the aggregate of the minimum custodial period of the non-parole sentence(s) and the minimum custodial period(s) of the sentences that are subject to the parole process have been served.
New subsection (2E) provides that release cannot take place until it has been directed by the Board or, the offender has reached the point at which the aggregate of all the minimum custodial periods of the non-parole sentences and maximum custodial periods of the sentences that are subject to the parole process have been served.
New subsection (2F) sets out:
- the release provisions of Chapter 6 of Part 12 of the CJA 2003 where the initial release from a term of imprisonment is an automatic release and;
- the release provisions of Chapter 6 of Part 12 of the CJA 2003 where the initial release from a term of imprisonment is subject to a Parole Board referral.

Subsection (10)(b) amends subsections (6) and (6A) of section 264 of the CJA 2003 to create a new definition of ‘minimum custodial period’ in relation to sentences where the initial release is automatic.
Subsection (10)(c) inserts new subsection (6B) in section 264 of the CJA 2003. New subsection (6B) provides the definition of the ‘maximum custodial period’ (in relation to sentences where the initial release is subject to Parole Board referral.
Subsection (11) inserts new section 267C in the CJA 2003 which deals with release where life sentences are concurrent or consecutive to fixed-term sentences.
New section 267C(2) provides that release cannot take place from the fixed-term sentence unless the prisoner must also be released in accordance with the life sentence release provisions.
New section 267C(3) ensures that referral to the Parole Board on the fixed-term sentence does not take place before the prisoner must also be referred to the Board or released in accordance with the life sentence release provisions.
New section 267C(4) ensures, for the purposes of the above provisions, that the presence of the fixed-term sentence is to be ignored when considering what the release provisions which apply to the life sentence require. (That is to avoid circularity with new section 33A of the 1997 Act – see above).
New section 267C(5) defines the "life sentence provisions" as those set out in Chapter 2 of Part 2 of the 1997 Act.
Subsection (12) repeals section 11(1) and (4) of the Criminal Justice and Courts Act 2015. Those provisions (which have not been commenced) deal with the referral of a life sentenced prisoner’s case to the Parole Board where they are also serving a fixed-term sentence. They are no longer necessary because the position of such prisoners is now dealt with by new section 33A, as inserted by this Section.

Section 145: Application of release provisions to repatriated prisoners

Section 145 amends paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 ("the 1984 Act") (which modifies the operation of domestic release provisions in relation to prisoners repatriated from overseas jurisdictions to serve their sentences in England or Wales). The intention is that repatriated prisoners will be treated in the same manner as equivalent domestic offenders for the provisions relating to release on licence, where the application of those provisions depends on the nature or circumstances of the prisoner’s offence.
The Counter-Terrorism and Sentencing Act 2021 includes provision along similar lines specifically directed at terrorist offenders. This section replaces that provision with more general provision.
Eligibility for polygraph testing as a condition of a release licence (under section 28 of the Offender Management Act 2007), restricted eligibility for release on licence for terrorist and terrorist-connected offenders (under section 247A of the Criminal Justice Act 2003), and later release points for offenders who commit certain violent or sexual offences as introduced by section 146 of this Act, all depend on the offence committed by the prisoner. In terrorism cases, polygraph testing and restricted eligibility for release may also depend on findings made by the Court when sentencing an offender (under section 69 of the Code). Polygraph testing also depends, in the case of offences involving domestic abuse, on the offence committed, and in some cases on the circumstances of the individual offence. The section will enable these provisions, and any similar provisions that may be enacted in the future, to operate in relation to corresponding cases involving overseas offenders repatriated to England and Wales and those sentenced in military court. Section 146 also creates a list of polygraph-eligible sexual offences which are applicable to offenders in England and Wales, and those who are transferred to England and Wales from Scotland or Northern Ireland.
The main provisions are found in subsection (1)(b) and (c). Subsection (1)(b) inserts new sub-paragraphs (3ZA) to (3ZF) of paragraph 2 of the Schedule to the 1984 Act. Of those provisions:
- Sub-paragraph (3ZA) provides the Secretary of State with the power to specify offence type, offending circumstances, and court findings in a repatriation warrant. If that is done, the offender is to be treated for the purposes of the release enactments in England and Wales in accordance with what is specified.
- Sub-paragraph (3ZB) provides that an offence may be specified in the warrant only if the offence corresponds to that which the prisoner was convicted of and sentenced for overseas.
- Sub-paragraphs (3ZC) and (3ZD) prevent circumstances of offending and court findings being specified in the warrant unless they correspond to matters which could have been found by a court in England and Wales, had the offender been tried and sentenced there. The Secretary of State will only be able to rely on findings made by the overseas court for that purpose.
- Sub-paragraph (3ZE) provides that the provisions may not be operated so as to produce a retrospective effect beyond that which would be possible in a corresponding domestic case.
- Sub-paragraph (3ZF) enables the Secretary of State to amend a warrant that has already been issued to specify the relevant matters, including warrants where the transfer of the offender has already taken place.

Subsection (1)(c) brings section 28 of the Offender Management Act 2007 (inclusion of polygraph testing conditions in licences) within the provisions relating to release on licence to which paragraph 2 of the Schedule to the 1984 Act applies.
Subsections (1)(a) and (3) repeal obsolete provisions of, or amends, the 1984 Act, to do with historic sentencing and release regimes.
Subsection (2) makes saving provision in relation to the more limited provision (referred to above) made by the Counter-Terrorism and Sentencing Act 2021, which is expected to be in force for a period before its replacement by the provisions inserted by this section.

Section 146: Sentences and offences in respect of which polygraph conditions may be imposed

Section 146 amends section 28 of the Offender Management Act 2007, which provides for certain offenders to have a condition included in their licence on release requiring them to undergo polygraph testing. Currently the section applies only to sex offenders, domestic abuse perpetrators and terrorist offenders.
Paragraph (a) restates the types of custodial sentence that make an offender eligible for a polygraph condition, being custodial sentence of life or a term of 12 months of more. The new wording will ensure, in particular, that all custodial sentences passed by a service court or a court in Scotland or Northern Ireland will be caught. While section 28 extends only to England and Wales, service offenders sentenced to imprisonment generally serve their sentences in England and Wales, and offenders convicted in Scotland or Northern Ireland may be transferred to England and Wales to serve their sentences.
Paragraph (b) clarifies the definition of relevant sexual offence for offenders convicted in Scotland and Northern Ireland, following the repeal of the relevant Schedules, and extends the definition of relevant sexual offence for those convicted in England and Wales, Scotland and Northern Ireland to include offences listed in Schedule 3 to the 2003 Act.
Schedule 3 to the 2003 Act contains references to length, type of sentence and age of offender, as well as the offence committed. Paragraph (c) prevents these references from being taking into account in determining whether an offence is a ‘relevant sexual offence’.
Armed forces legislation provides for acts that are, or would be, offences under English and Welsh law to be prosecuted as "service offences". Paragraph (f) provides for such service offences to be treated in the same way as the underlying offence in English and Welsh law for the purposes of section 28. Paragraphs (d) and (e) remove similar provision, to be inserted by the Counter-Terrorism and Sentencing Act 2021, relating specifically to terrorism cases (which will be superseded).

Section 147: Minor amendments to do with weapons-related offences

This section moves two offences from Part 3 (Specified Terrorism Offences) of Schedule 15 to the CJA 2003 to Part 1 (Specified Violent Offences) of Schedule 15. This section also makes the equivalent change to Schedule 18 to the Code.

Chapter 2: Community Sentences

Section 149: Supervision by responsible owner

Section 149(2) amends sections 215 and 301 of the Code, which obliges offenders who are subject to a community order or suspended sentence order to keep in touch with their Responsible Officer (the probation practitioner managing the order an offender is serving).
Subsection (2)(a) inserts a new subsection (1A) into section 215 of the Code. This provides Responsible Officers with the power to require an offender serving a community order to attend an appointment, for the purposes of ensuring the offender complies with rehabilitative requirements or where public protection concerns exist. It also clarifies that this power only applies to community orders made on or after this section comes into force.
Subsection (2)(a) also inserts a new subsection (1B) which imposes a duty on the offender to comply with any instruction given by a Responsible Officer in accordance with the power in new section 215(1A).
Subsection (2)(b) amends section 215(2) to clarify that new subsection (1A) is applicable in the case of a community order, whenever it was made.
Subsection (2)(c) inserts a new section 215(2A) which clarifies that the additional powers detailed by subsections (1A) and (2) apply until the end date specified on the community order has been reached, even where all associated community requirements have been concluded.
Subsection (2)(d) amends section 215(3) to specify that an offender who is under an obligation to comply with an instruction given by a Responsible Officer under section 215 is liable to breach proceedings if he does not.
Subsection (3)(a) inserts a new subsection (1A) into section 301 of the Code. This provides Responsible Officers with the power to require an offender serving a suspended sentence order to attend an appointment, for the purposes of ensuring the offender complies with rehabilitative requirements or where public protection concerns exist. It also clarifies that this power only applies to suspended sentence orders made on or after the commencement of this Act.
Subsection (3)(a) inserts a new subsection (1B) which imposes a duty on the offender to comply with any instruction given by a Responsible Officer in accordance with the power in subsection (1A).
Subsection (3)(b) amends section 301 (2) to clarify that subsection (1A) is applicable in the case of a suspended sentence order, whenever it was made.
Subsection (3)(c) inserts a new subsection (2A) which clarifies that the additional powers detailed by subsections (1A) and (2) apply until the end date of the supervision period on the suspended sentence order has been reached, even where all associated community requirements have been concluded.
Subsection (3)(d) amends section 301(3) to specify that an offender who is under an obligation to comply with an instruction given by a Responsible Officer under section 301 is liable to breach proceedings if he does not.

Section 150: Increases in maximum daily curfew hours and curfew requirement period

Section 150 makes amendments to the Code and the CJA 2003 in respect of the maximum daily curfew hours and the maximum curfew requirement period which can be imposed as part of a curfew requirement under a community order or suspended sentence order.
Subsection (1) introduces amendments made to paragraph 9 of Schedule 9 to the Code by subsections (2) to (5). This relates to the curfew requirements for a community order and suspended sentence order.
Subsection (2) amends sub-paragraph (4) on the maximum daily curfew hours that can apply in any one day and also provides that the maximum number of curfew hours that may be imposed for a seven-day period. It replaces the "16 hours" maximum with a new measure known as "the relevant number of hours", which is defined in new sub-paragraph (4A) (see subsection (3)) and also provides that the maximum number of curfew hours that may be imposed for a seven-day period is 112 hours.
Subsection (3) inserts new sub-paragraphs (4A). Sub-paragraph (4A) defines the meaning of "the relevant number of hours". This provides that the maximum daily curfew which can be imposed as part of a community order or suspended sentence order on someone convicted of an offence before these provisions came into force is 16 hours. For someone convicted of an offence on or after these provisions came into force, the maximum daily curfew is 20 hours (subject to the weekly limit set out in new sub-paragraph (4)(c)).
Subsection (4) amends sub-paragraph (5) on the maximum curfew requirement period that can apply. It replaces the "12 months" maximum with a new measure known as "the relevant period", which is defined in new sub-paragraph (6) (see subsection (5)).
Subsection (5) inserts a new sub-paragraph (6) and defines the meaning of "the relevant period". This provides that the maximum curfew requirement period which can be imposed as part of a community order or suspended sentence order on someone convicted of an offence before these provisions came into force is 12 months, and for someone convicted of an offence on or after these provisions came into force is two years.
Subsection (6) amends paragraph 13 of Schedule 23 to the Code. Paragraph 13 gives the Secretary of State the power to amend limits for certain community requirements by regulations, such as the curfew requirements.
Subsection (6) updates sub-paragraphs (1)(b) and (2)(a) of paragraph 13 so that the Secretary of State’s power to amend limits on the curfew requirements are updated to account for the changes made to paragraph 9 of Schedule 9 to the Code.
Subsection (7) introduces consequential amendments made to the CJA 2003 by subsections (8) and (9), concerning supervision default orders and default orders.
Subsection (8) amends Schedule 19A to the CJA 2003 which relates to supervision default orders. Subsection (8) updates the curfew provisions relating to supervision default orders to account for the changes made to paragraph 9 of Schedule 9 to the Code.
Subsection (9) amends Schedule 31 to the CJA 2003 which relates to default orders. Subsection (9) updates the curfew provisions relating to default orders to account for the changes made to paragraph 9 of Schedule 9 to the Code.

Section 151: Power for responsible officer to vary curfew requirements etc

Section 151 amends the Code by inserting a new power for a responsible officer to vary a curfew requirement made under a community order or suspended sentence order. Specifically, it makes amendments to Part 5 of Schedule 9 (community orders and suspended sentence orders: curfew requirements) and consequentially to Part 4 of Schedule 10 (amendment of community order) and Part 3 of Schedule 16 (amendment of suspended sentence order).
Subsection (2) inserts a new paragraph 10A into Schedule 9 of the Code, introducing a new power for the responsible officer to vary a curfew requirement.
New paragraph 10A(1)(a) to (c) set out the conditions that must be met for the power to apply: that a relevant order must include a curfew requirement, that it must be in force, and it is in respect of a conviction made on or after these provisions came into force. New paragraph 10A(1)(d) provides that the power can only be exercised where the responsible officer considers that the variation condition under new paragraph 10A(2) is met.
New paragraph 10A(2) provides that the variation condition is satisfied if there has been a change in the offender’s circumstances since the relevant order was made which the responsible officer considers affects the offender’s ability to reasonably comply with the order, and it is appropriate to amend the curfew arrangements. The power for the responsible officer is limited at new paragraph 10A(2)(a) to varying the start time of any of the curfew periods and at new paragraph10A (2)(a) to varying the place of the curfew in relation to any of those periods.
New paragraph 10A(3) provides a discretionary power for the responsible officer to make changes to the curfew, with the changes specified in a "variation notice". This must be with the consent of the offender. Under new paragraph 10A(3)(a) and (b) the variation notice must specify as applicable: a new start time for the curfew periods, and a new relevant place for the curfew periods.
New paragraph 10A(4) provides that the effect of a variation notice is to change the relevant order, with effect from the date specified on the notice.
New paragraph 10A(5) provides that a variation notice may specify different variations of the start time, or of the relevant place, for different days.
New paragraph 10A(6) requires the responsible officer to obtain and consider information about each place proposed to be specified in the notice, before giving a variation notice, which under new paragraph 10A(7) must include information from those likely to be affected by the offender’s enforced presence.
New paragraph 10A(8) provides limitations to the power to vary the curfew. Sub-paragraph (8)(a) prohibits a variation to the length of any of the offender’s curfew periods. New paragraph 10A(8)(b) provides that where the relevant order includes a residence requirement (under Part 7, paragraph 13) the place for the curfew periods may not be varied in a way that is inconsistent with that requirement. New paragraph 10A (8)(c) prohibits variation in the circumstances set out in sub-paragraph (9).
New paragraph 10A(9) prohibits a variation to the curfew if the original order includes an electronic compliance monitoring requirement, and variation by the responsible officer if the responsible officer considers that the court would not impose a monitoring requirement or would have imposed a different monitoring requirement.
New paragraph 10A(10) requires the responsible officer to give the appropriate court details of the variation (namely, under new paragraph 10A(10)(a) and (b) a copy of a variation notice and evidence of the offender’s consent to the notice) so that the court record can be updated.
New paragraph 10A(11) defines what is meant by "appropriate court", "curfew periods", "relevant place", and "start time" for the purposes of new paragraph 10A.
Subsection (3) inserts a new sub-paragraph (3) into paragraph 16 of Schedule 10 to the Code which relates to amendment of the court order due to changes of residence outside of the local justice area. New paragraph 16(3) provides that, where a responsible officer has varied the relevant place for the curfew, under paragraph 10A, they must notify the appropriate court, and the court must update the community order.
Subsection (4) inserts a new paragraph 17A to Schedule 10 to the Code relating to the amendment of a community order because of the variation of a curfew requirement by the responsible officer.
New paragraph 17A(1) requires the responsible officer to give the court a copy of the community order curfew variation notice and evidence of the offender’s consent to the variation notice. New paragraph 17A(2) provides that the court must amend the community order to reflect the changes set out in the variation notice.
Subsection (5) amends paragraph 23 of Schedule 16 to the Code by inserting a new sub-paragraph (3). It requires the responsible officer to notify the appropriate court where a relevant order has been varied under new paragraph 17A, and the court to update the suspended sentence order.
Subsection (6) inserts a new paragraph 24A into Schedule 16 to the Code relating to the amendment of a suspended sentence order because of the variation of a curfew requirement by the responsible officer.

Section 152: Removal of attendance centre requirements for adults

Section 152 has the effect of removing the attendance centre requirement from the list of requirements that a court can impose on an offer as part of a community order or suspended sentence order. It does so by amending sections 207 and 291 of, and Schedule 9 to, the Code.
Subsection (2) amends section 207(3) of the Code to specify that an attendance centre requirement is only available as a requirement of a community order if the offender was convicted of an offence before this section comes into force, and if the offender was under 25 years old when convicted of the offence.
Subsection (3) amends section 291(3) of the Code to specify that an attendance centre requirement is only available as a requirement of a suspended sentence order if the offender was convicted of an offence before this section comes into force, and if the offender was under 25 years old when convicted of the offence.
Subsection (4) amends Schedule 9 to the Code, in relation to community orders and suspended sentence order requirements. It amends the heading to Part 13 (the section of the Code covering attendance centre requirements) to make clear they are not available to courts as a requirement if an offender has been convicted after this section comes into force.
Subsection (5) introduces Schedule 13 to the Act which outlines related amendments to the Code and other relevant Acts.

Schedule 13: Removal of attendance centre requirements for adults: related amendments

Schedule 13 makes consequential amendments to section 60 of the Powers of Criminal Courts (Sentencing) Act 2000, sections 221 and 300 of the CJA 2003 and Schedule 11 and 17 to the Code.
Paragraph 1 of Schedule 12 introduces amendments to section 60 to the Powers of Criminal Courts (Sentencing) Act 2000.
Paragraph 2 (2) and (3) amend section 60 of the 2000 Act and specify that attendance centre orders are only available for offenders under 18 years old.
Paragraph 2(4) confirms that subparagraphs (1) to (3) will not apply if other amendments to section 60 are commenced before this section comes into force.
Paragraph 4 introduces amendments to sections 221 and 300 of the CJA 2003.
Paragraphs 5 make amendments to section 221 of the CJA 2003. Paragraph 5(2) omits "aged under 25", and paragraph 5(3) inserts a new section 221(4) to define what is meant by "relevant order".
Paragraph 6 amends section 300(2) of the CJA 2003 (power to impose attendance centre requirements on fine defaulter). Paragraph 6(1)(a) and (b) amends section 300(2)(c) if the relevant amendment is in force when this section comes into force, in which case all reference to attendance centre requirements can be removed. Paragraph 6(2) defines what is meant by "relevant amendment" in sub-paragraph (1).
Paragraph 7 amends paragraph 102 of Schedule 32 to the CJA 2003 to ensure that an attendance centre requirement can only apply to those under 18 if the provisions in paragraph 102(2)(b) of Schedule 32 to and section 61(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 are uncommenced when this Act comes into force.
Paragraph 9(1) introduces the amendments to Schedule 11 to the Code, which makes provision for the transfer of community orders to Scotland or Northern Ireland.
Paragraph 9(2) amends paragraph 12(2)(g) and (h) of Schedule 11 to the Code in relation to the availability of attendance centre requirements.
Paragraph 9(3) amends paragraph 25 (3) (b) of Schedule 11 to the Code in relation to the availability of attendance centre requirements.
Paragraph 10(1) introduces the amendments to Schedule 17 to the Code, which makes provision for the transfer of suspended sentence orders to Scotland or Northern Ireland in subsection (2) and (3).
Paragraph 10(2) amends paragraph 9(2)(g) and (h) in relation to the availability of attendance centre requirements.
Paragraph 10(3) amends paragraph 32 (2) and (5) in relation to the availability of attendance centre requirements.

Section 153 and Schedule 14: Special procedures relating to review and breach

Section 153 introduces Schedule 14 which makes provision for courts to have powers to review community and suspended sentence orders and to commit an offender to custody for breach of a community or suspended sentence order. This section and Schedule form the legislative basis of the problem-solving court approach.
Paragraph 1 of Schedule 14 introduces the amendments to the Code.
Paragraph 2 of Schedule 14 inserts a new section 395A into the Code. New section 395A(1) provides a power for the Secretary of State to make regulations specifying that community orders or suspended sentence orders of a specified description and made within a specified period or after a specified time, may qualify for special procedures for the purpose of one of the provisions set out in subsection (2).That is, the amendments made by one or more of the provisions specified in subsection (2) may apply. Subsection (3) provides that the description specified in regulations may be framed by reference to the courts by which the orders are made, the persons who are subject to the orders, and/or the offences to which the orders relate. Subsection (4) provides that where a description of a community or suspended sentence order is specified in regulations for the first time, those regulations must specify a period of 18 months beginning with the day on which the regulations come into force. This is the pilot period.
New section 395A(6) specifies which legislative process is required for regulations made by the Secretary of State under that subsection. It requires that where the regulations have the effect of specifying a time-limited extension, this will be subject to the negative resolution procedure and where the extension is for an indefinite period, the affirmative resolution procedure is required.
Paragraphs 3 to 5 relate to the review of community orders subject to special procedures, i.e. orders to which the amendments made by these provisions apply by virtue of inserted section 395A.
Paragraph 3 amends section 211 of the Code by disapplying the Crown Court’s power to direct an offender to be supervised by a magistrates’ court where the community order qualifies for special procedures.
Paragraph 4 amends section 217 of the Code by inserting new subsection (2A) which provides that regulations made under section 217 may not make provision in respect of community orders which qualify for special procedures.
Paragraph 5 inserts new sections 217A, 217B and 217C into the Code.
New section 217A(1) confers a discretion on courts to provide that a community order that imposes one or more community requirements, and qualifies for special procedures, may be subject to periodic review. Subsection (2) specifies what must be included in a community order with a review requirement. Subsection (3) specifies that the ‘responsible court’ is the court by which the order was made. Subsection (4) provides that more information about community orders that qualify for special procedures may be found at section 395A.
New section 217B makes provision for what is to happen at a review hearing. Subsection (1) states that the section applies to review hearings for community orders. Subsection (2) to (3) provide for what the court may and may not do upon review of a community order. Subsection (2) provides that after considering the progress report the court may amend the community order requirements or any provision of the order relating to those requirements. Subsection (3) prohibits the court from making certain amendments of the community order requirements unless the offender expresses willingness to comply with the amended requirement. Subsection (4) makes further provision for the purposes of subsection (3)(a) and has the effect of allowing the court to add an electronic monitoring requirement to an existing requirement (if the offender is willing to comply). Subsection (5) empowers the court to adjourn the review hearing where it considers that an offender has breached a community requirement of an order without reasonable excuse, and to deal with the case forthwith under paragraph 10 or 11 of Schedule 10 to the Code (which set out the powers of the magistrates’ court and Crown Court in breach proceedings). Subsection (6) provides that where a court does not deal with the case forthwith, paragraph 9A of Schedule 10 should be referred to. Subsection (7) is an interpretation provision.
New section 217C makes provision to allow the court to alter the review arrangements. Subsection (1 ) states that where the court reviews the progress report and forms the opinion that the offender’s progress in complying with the order is satisfactory, subsections (2) and (3) will apply. Subsection (2) provides that where the court forms the opinion that the offender is making satisfactory progress before a review hearing is held, it can dispense with a review hearing. It may also amend the community order to provide that subsequent reviews can be held on the papers, and without a review hearing.
Subsection (3) provides that where a review hearing is held, the court may amend the community order to provide that subsequent reviews are to be held on the papers. Subsection (4) applies where the court is holding a review on the papers (without a review hearing) and forms the opinion that the offender’s progress is no longer satisfactory. In that case, the court may require the offender to attend a hearing of the court at a specified time and place in the future. Subsection (5) states that at a review hearing the court may amend the community order so as to vary the intervals at which review hearings must take place. Subsection (6) specifies whom these powers are exercisable by. Subsection (7) is an interpretation provision.
Paragraphs 6 to 10 relate to the review of suspended sentence orders subject to special procedures, i.e. orders to which the amendments made by these provisions apply by virtue of inserted section 395A.
Paragraph 6 amends section 293 of the Code to provide that nothing in that section applies to orders which qualify for special procedures.
Paragraph 7 inserts section 293A to the Code which provides for the review of suspended sentence orders which qualify for special procedures.
New section 293A confers a discretion on courts to provide that a suspended sentence order that imposes one or more community requirements, and qualifies for special procedures may be subject to periodic review. Subsection (2) specifies what must be included in a suspended sentence order with a review requirement. Subsection (3) specifies that the ‘responsible court’ is the court by which the order was made. Subsection (4) provides that more information about suspended sentence orders that qualify for special procedures may be found at new section 395A.
Paragraph 8 amends section 294 of the Code. Subparagraph (2) ensures that the section applies to reviews of suspended sentence orders subject to special procedures. Subparagraph (3) amends section 294(5) to enable the court to immediately initiate breach proceedings under paragraph 13 of Schedule 16 to the Code where it is of the opinion that the offender has breached a community requirement of a suspended sentence order subject to special procedures without reasonable excuse. Subparagraph (4) inserts new subsection (5A) which provides that where a court does not deal with the case forthwith, paragraph 9A of Schedule 16 should be referred to.
Paragraph 9 amends section 295 of the Code to apply that provision to reviews of suspended sentence orders qualifying for special procedures.
Paragraph 10 amends section 297 of the Code by disapplying the Crown Court’s power to direct an offender to be supervised by a magistrates’ court where the suspended sentence order qualifies for special procedures.
Paragraph 11 amends Schedule 9 to the Code by disapplying the provisions relating to review of orders imposing drug rehabilitation requirements from community orders and suspended sentence orders qualifying for special procedures.
Paragraph 12 amends Schedule 10 to the Code to provide the court with a power to commit an offender to custody for breach of a community order which qualifies for special procedures.
Paragraph 12(2) and (3) amends Schedule 10 to the Code to ensure that the offender will be brought before the court which made the order. Paragraph 12(4) inserts new paragraph 9A in Schedule 10 to ensure that a court may initiate breach proceedings even where it does not do so forthwith under section 217B(5) and makes provision for the court to issue a summons or warrant to require the appearance of an offender.
Paragraph 12(5) amends paragraph 10 of Schedule 10 to the Code which deals with the powers of the magistrates’ court following a breach of a community requirement of an order. This sub-paragraph amends the provision such that it applies where the court is of the opinion that the offender has breached a community order to which special procedures apply. It also inserts new sub-paragraph (ba) which creates an additional power for magistrates’ courts dealing with a community order which qualifies for special procedures, being the power to commit the offender to prison for a period not exceeding 28 days.
Paragraph 12(6) makes amendments similar to those made by sub-paragraph 12(5) in relation to the powers of the Crown Court.
Paragraph 12(7) inserts new paragraph 13A into Schedule 10 to the Code. Paragraph 13A provides that a committal to prison under inserted paragraphs 10(5)(ba) or 11(2)(ba) of Schedule 10 may be a committal to a young offender institution in the case of a person under the age of 21. Committal to a young offender institution is to be regarded as legal custody for these purposes. Paragraph 13A(3) provides that no more than three orders for committal to prison under inserted paragraphs 10(5)(ba) and 11(2)(ba) may be made in relation to the same community order.
Paragraph 12(8) amends paragraph 14 of Schedule 10 to the Code to clarify that if a community order qualifies for special procedures then the ‘appropriate magistrates court’ for the purpose of that paragraph is the court that made the order.
Paragraph 13 makes amendments to Schedule 16 to the Code to provide the court with a power to commit an offender to custody for breach of a suspended sentence order which qualifies for special procedures.
Paragraph 13(3) inserts new paragraph 9A to Schedule 16 which mirrors for suspended sentence orders qualifying for special procedures the insertion of paragraph 9A to Schedule 10.
Paragraph 13(6) amends paragraph 13 of Schedule 16 to the Code which provides powers for the court to deal with the offender for breach of requirements or subsequent convictions. It inserts new paragraph 13(1)(d) and (da) which creates an additional power for courts dealing with a suspended sentence order which qualifies for special procedures, being the power to commit the offender to prison for a period not exceeding 28 days where there has been a breach of a community requirement of the order. This power is only available to the court where the offender is aged 18 or over.
Paragraph 13(7) amends paragraph 14 of Schedule 16 which provides a duty to activation a suspended sentence order following a breach, where it would not be unjust to do so. It inserts a new paragraph 14(2)(c) to require that where a suspended sentence order qualifies for special procedures, and a community requirement of the order has been breached, the court must consider the possibility of making a committal to custody under paragraph 13(1)(da) when considering whether activating the suspended sentence would be unjust.
Paragraph 13(8) inserts a new paragraph 16A into Schedule 16 to the Code.
New paragraph 16A makes provision such that a committal to prison under paragraph 13(1)(da) of Schedule 16 to the Code may be a committal to a young offender institution in the case of a person under the age of 21. Committal to a young offender instruction is to be regarded as legal custody for these purposes. New paragraph 16A(3) provides that no more than three orders for committal to prison under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.
Part 2 of Schedule 14 introduces prospective amendments to the Code. Paragraph 14(2) would amend paragraph 21 of Schedule 22 to the Code. This ensures that powers to imprison an offender for wilful and persistent breaches of an order, if they were to come into force in the future, would not apply to orders which are subject to special procedures for the purposes of these provisions. Paragraphs 14(3) and 14(4) insert new paragraphs 75A and 78A respectively. These omit references in these provisions to detention in a young offender institution should sentences of detention in a young offender institution be abolished in the future.

Section 154 and Schedule 15: Drug testing requirement

Section 154 introduces Schedule 15 which amends the Code to enable notified courts to impose drug tests as part of community and suspended sentence orders.
Paragraphs 2 and 4 of Schedule 15 insert drug testing requirements into section 201 (community orders) and into section 287 (suspended sentence orders) of the Code.
Paragraph 3 inserts new section 207(3A) of the Code and prohibits the drug testing requirement from being applied to a community order of an offender who was convicted of the offence before the date on which section 154 comes into force.
Paragraph 5 inserts new section 291(3A) into the Code and prohibits the drug testing requirement from being applied to a suspended sentence order of an offender who was convicted of the offence before the date on which section 154 comes into force.
Paragraph 6 inserts the details of the Drug Testing Requirement into (Part 10A) of Schedule 9 to the Code at new paragraphs 22A and 22B.
New paragraph 22A(1) defines a drug testing requirement as a requirement for the offender to provide samples as directed by the responsible officer, during a timeframe specified in the order, to determine if they have any drug or psychoactive substance in their body.
New paragraph 22A(2) requires that the order itself must specify that if the offender provides samples to a person other than a responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer and provides that the order may make provision about the specific provision of samples by virtue of sub-paragraph (1).
New paragraph 22A(3) sets out the powers of the responsible officer to give directions about the provision of samples which include: specifying the types of samples the offender must give, at which time and in which circumstances.. This paragraph also makes the responsible officer’s powers under paragraph 22A(1) subject to provisions of the order and guidance issued by the Secretary of State.
New paragraph 22A(4) provides for the Secretary of State to revise any guidance issued.
New paragraph 22A(5) provides that the definitions of "drug" and "psychoactive substance" have the same meanings given in section 2 of the Misuse of Drugs Act 1971 and section 2(1) of the Psychoactive Substances Act 2016 respectively.
New pragraph 22B restricts the courts ability to impose the drug testing requirement unless two conditions are met; the misuse condition and the availability of arrangements condition.
New paragraph 22B(2) requires that in order for the misuse condition to be satisfied, the misuse of a controlled drug or psychoactive substance must have contributed to the offence to which the relevant order relates or it is likely to contribute towards further offending behaviour.
New paragraph 22B(3) requires that, in order for the availability of arrangements condition to be met, the Secretary of State must have notified the court that arrangements for implementing drug testing requirements are available in the offender’s home local justice area.

Section 155: Duty to consult on unpaid work requirements

Section 155 inserts a new section 10A of the Offender Management Act 2007 which creates a duty on the organisation responsible for the management and delivery of unpaid work requirements to consult with key stakeholders on the delivery of unpaid work.
New section 10A(1) requires a probation provider to consult, the frequency of the consultation (annually), and who must be consulted (prescribed persons) by a probation provider in relation to unpaid work.
New section 10A(2) defines "prescribed person" as a person or persons prescribed by the Secretary of State by regulations (such regulations shall be subject to negative resolution procedure).
New section 10A(3) defines "unpaid work requirements".
New section 10A(4) defines "a person is supervised by a provider of probation services" in subsection (1) sub-paragraph (b). It has the effect that a person is supervised by a provider of probation services under subsection (1)(b) if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.

Chapter 3: Assaults on those providing a public service etc

Section 156: Assaults on those providing a public service etc

This section inserts new section 68A into the Code. New section 68A(1) provides that the aggravating factor applies where the court is considering the seriousness of the assault offences listed in subsection (3) for the purposes of sentencing and the aggravating factor under section 67(2) of the Code, which applies where the offence was committed against an emergency worker acting in the exercise of functions as such a worker, does not apply.
New section 68A(2) provides that if the offence listed in subsection (3) was committed against a person: (i) providing a public service, (ii) performing a public duty, or (iii) providing services, goods or facilities to the public, the court must treat that fact as an aggravating factor, and must state in open court that the offence is so aggravated.
New section 68A(4) provides that references to providing services to the public in the section include providing goods or facilities to the public, and that references to the public include a section of the public.
New section 68A(5) ensures that the courts are not prevented from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences that are not listed in subsection (3).
New section 68A(6) provides that the aggravating factor will apply only where the person is convicted of an offence listed in subsection (3) on or after the date on which the section comes into force.

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Police, Crime, Sentencing And Courts Act 2022

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Explanatory Notes

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Part 7: Sentencing and release

Chapter 1: Custodial sentences

Section 122: Penalty for cruelty to children

Section 123: Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm

Section 124: Minimum sentences for particular offences

Schedule 12: Minimum sentences for particular offences: consequential amendments

Section 125: Whole life order as starting point for premeditated child murder

Section 126: Whole life orders for young adult offenders in exceptional cases

Section 127: Starting points for murder committed when under 18

Section 128: Sentences of detention during Her Majesty’s pleasure: review of minimum term

Section 129: Life sentence not fixed by law: minimum term

Section 130: Increase in requisite custodial period for certain violent or sexual offenders

Section 131: Increasing in requisite custodial period for certain other offenders of particular concern

Section 132: Power to refer high-risk offenders to Parole Board in place of automatic release

Section 133: Power to make provision for reconsideration and setting aside of Parole Board decisions

Section 134: Responsibility for setting licence conditions for fixed-term prisoners

Section 135: Repeal of uncommenced provision for establishment of recall adjudicators

Section 136: Release at direction of Parole Board after recall: fixed-term prisoners

Section 137: Power to change test for release of fixed-term prisoners following recall

Section 138: Imprisonment for public protection etc: duty to refer person released on licence to Parole Board

Section 139: Release at direction of Parole Board: timing

Section 140: Extension of driving disqualification where custodial sentence imposed: England and Wales

Section 141: Increase in driving disqualification periods under certain existing orders: England and Wales

Section 142: Extension of driving disqualification where custodial sentence imposed: Scotland

Section 143: Increase in driving disqualification periods under certain existing orders: Scotland

Section 144: Calculation of period before release or Parole Board referral where multiple sentences being served

Section 145: Application of release provisions to repatriated prisoners

Section 146: Sentences and offences in respect of which polygraph conditions may be imposed

Section 147: Minor amendments to do with weapons-related offences

Chapter 2: Community Sentences

Section 149: Supervision by responsible owner

Section 150: Increases in maximum daily curfew hours and curfew requirement period

Section 151: Power for responsible officer to vary curfew requirements etc

Section 152: Removal of attendance centre requirements for adults

Schedule 13: Removal of attendance centre requirements for adults: related amendments

Section 153 and Schedule 14: Special procedures relating to review and breach

Section 154 and Schedule 15: Drug testing requirement

Section 155: Duty to consult on unpaid work requirements

Chapter 3: Assaults on those providing a public service etc

Section 156: Assaults on those providing a public service etc