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71 An offence under section 7 of that Act (abduction of girl under 18 from | |
parent or guardian). | |
72 An offence under section 8 of that Act (unlawful detention of woman or girl | |
in brothel etc.). | |
73 An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on | 5 |
earnings of prostitution or soliciting or importuning in a public place). | |
74 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) | |
(incest by a man). | |
75 An offence under section 2 of that Act (incest by a woman). | |
76 An offence under section 21 of the Children and Young Persons Act | 10 |
(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or | |
prostitution of girl under 17). | |
77 An offence under section 22 of that Act (indecent conduct towards child). | |
78 An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of | |
burglary with intent to commit rape. | 15 |
79 An offence under Article 3 of the Protection of Children (Northern Ireland) | |
Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children). | |
80 An offence under section 170 of the Customs and Excise Management Act | |
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods | |
prohibited to be imported under section 42 of the Customs Consolidation | 20 |
Act 1876 (c. 36) (indecent or obscene articles). | |
81 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order | |
1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual | |
intercourse). | |
82 An offence under Article 7 of the Homosexual Offences (Northern Ireland) | 25 |
Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit | |
homosexual acts). | |
83 An offence under Article 8 of that Order (living on earnings of male | |
prostitution). | |
84 An offence under Article 122 of the Mental Health (Northern Ireland) Order | 30 |
1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe | |
mental handicap). | |
85 An offence under Article 123 of that Order (protection of patients). | |
86 An offence under Article 15 of the Criminal Justice (Evidence, etc.) | |
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of | 35 |
indecent photograph of a child). | |
87 An offence under Article 20 of the Criminal Justice (Northern Ireland) Order | |
2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery). | |
88 An offence under Article 21 of that Order (indecent assault on a male). | |
89 An offence of— | 40 |
(a) aiding, abetting, counselling, procuring or inciting the commission | |
of an offence specified in this Part of this Schedule, | |
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(b) conspiring to commit an offence so specified, or | |
(c) attempting to commit an offence so specified. | |
Schedule 17 | |
Section 212 | |
Release of prisoners serving sentences of imprisonment or detention for public | |
protection | 5 |
Release on licence | |
1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions | |
of licences for life prisoners), is amended as follows. | |
(2) In subsection (1) (licence to remain in force until death), after “life prisoner” | |
there is inserted “, other than a prisoner to whom section 31A below | 10 |
applies,”. | |
(3) After that subsection there is inserted— | |
“(1A) Where a prisoner to whom section 31A below applies is released on | |
licence, the licence shall remain in force until his death unless— | |
(a) it is previously revoked under section 32(1) or (2) below; or | 15 |
(b) it ceases to have effect in accordance with an order made by | |
the Secretary of State under section 31A below.” | |
2 After that section there is inserted— | |
“31A Imprisonment or detention for public protection: termination of | |
licences | 20 |
(1) This section applies to a prisoner who— | |
(a) is serving one or more preventive sentences, and | |
(b) is not serving any other life sentence. | |
(2) Where— | |
(a) the prisoner has been released on licence under this Chapter; | 25 |
and | |
(b) the qualifying period has expired, | |
the Secretary of State shall, if directed to do so by the Parole Board, | |
order that the licence is to cease to have effect. | |
(3) Where— | 30 |
(a) the prisoner has been released on licence under this Chapter; | |
(b) the qualifying period has expired; and | |
(c) if he has made a previous application under this subsection, | |
a period of at least twelve months has expired since the | |
disposal of that application, | 35 |
the prisoner may make an application to the Parole Board under this | |
subsection. | |
(4) Where an application is made under subsection (3) above, the Parole | |
Board— | |
(a) shall, if it is satisfied that it is no longer necessary for the | 40 |
protection of the public that the licence should remain in | |
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| |
force, direct the Secretary of State to make an order that the | |
licence is to cease to have effect; | |
(b) shall otherwise dismiss the application. | |
(5) In this section— | |
“preventive sentence” means a sentence of imprisonment for | 5 |
public protection under section 207 of the Criminal Justice | |
Act 2003 or a sentence of detention for public protection | |
under section 208 of that Act; | |
“the qualifying period”, in relation to a prisoner who has been | |
released on licence, means the period of ten years beginning | 10 |
with the date of his release.” | |
3 In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c) | |
there is inserted— | |
“(d) a sentence of imprisonment for public protection under | |
section 207 of the Criminal Justice Act 2003, and | 15 |
(e) a sentence of detention for public protection under section | |
208 of that Act.” | |
Determination of tariffs | |
4 In section 82A of the Sentencing Act (determination of tariffs), after | |
subsection (4) there is inserted— | 20 |
“(4A) No order under subsection (4) above may be made where the life | |
sentence is— | |
(a) a sentence of imprisonment for public protection under | |
section 207 of the Criminal Justice Act 2003, or | |
(b) a sentence of detention for public protection under section | 25 |
208 of that Act.” | |
Schedule 18 | |
Section 221(7) | |
The Parole Board: supplementary provisions | |
Status and Capacity | |
1 (1) The Board is not to be regarded as the servant or agent of the Crown or as | 30 |
enjoying any status, immunity or privilege of the Crown; and the Board’s | |
property is not to be regarded as property of, or held on behalf of, the | |
Crown. | |
(2) It is within the capacity of the Board as a statutory corporation to do such | |
things and enter into such transactions as are incidental to or conducive to | 35 |
the discharge of— | |
(a) its functions under Chapter 6 of Part 11 in respect of fixed-term | |
prisoners, and | |
(b) its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act | |
1997 (c. 43) in relation to life prisoners within the meaning of that | 40 |
Chapter. | |
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Membership | |
2 (1) The Board is to consist of a chairman and not less than four other members | |
appointed by the Secretary of State. | |
(2) The Board must include among its members— | |
(a) a person who holds or has held judicial office; | 5 |
(b) a registered medical practitioner who is a psychiatrist; | |
(c) a person appearing to the Secretary of State to have knowledge and | |
experience of the supervision or after-care of discharged prisoners; | |
and | |
(d) a person appearing to the Secretary of State to have made a study of | 10 |
the causes of delinquency or the treatment of offenders. | |
(3) A member of the Board— | |
(a) holds and vacates office in accordance with the terms of his | |
appointment; | |
(b) may resign his office by notice in writing addressed to the Secretary | 15 |
of State; | |
and a person who ceases to hold office as a member of the Board is eligible | |
for re-appointment. | |
Payments to members | |
3 (1) The Board may pay to each member such remuneration and allowances as | 20 |
the Secretary of State may determine. | |
(2) The Board may pay or make provision for paying to or in respect of any | |
member such sums by way of pension, allowances or gratuities as the | |
Secretary of State may determine. | |
(3) If a person ceases to be a member otherwise than on the expiry of his term of | 25 |
office and it appears to the Secretary of State that there are special | |
circumstances that make it right that he should receive compensation, the | |
Secretary of State may direct the Board to make to that person a payment of | |
such amount as the Secretary of State may determine. | |
(4) A determination or direction of the Secretary of State under this paragraph | 30 |
requires the approval of the Treasury. | |
Proceedings | |
4 (1) Subject to the provisions of section 221(5), the arrangements relating to | |
meetings of the Board are to be such as the Board may determine. | |
(2) The arrangements may provide for the discharge, under the general | 35 |
direction of the Board, of any of the Board’s functions by a committee or by | |
one or more of the members or employees of the Board. | |
(3) The validity of the proceedings of the Board are not to be affected by any | |
vacancy among the members or by any defect in the appointment of a | |
member. | 40 |
Staff | |
5 (1) The Board may appoint such number of employees as it may determine. | |
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(2) The remuneration and other conditions of service of the persons appointed | |
under this paragraph are to be determined by the Board. | |
(3) Any determination under sub-paragraph (1) or (2) requires the approval of | |
the Secretary of State given with the consent of the Treasury. | |
(4) The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not | 5 |
require insurance to be effected by the Board. | |
6 (1) Employment with the Board shall continue to be included among the kinds | |
of employment to which a scheme under section 1 of the Superannuation | |
Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in | |
which those kinds of employment are listed) at the end of the list of Other | 10 |
Bodies there shall continue to be inserted— | |
“Parole Board.”. | |
(2) The Board shall pay to the Treasury, at such times as the Treasury may | |
direct, such sums as the Treasury may determine in respect of the increase | |
attributable to this paragraph in the sums payable under the | 15 |
Superannuation Act 1972 out of money provided by Parliament. | |
Financial provisions | |
7 (1) The Secretary of State shall pay to the Board— | |
(a) any expenses incurred or to be incurred by the Board by virtue of | |
paragraph 3 or 5; and | 20 |
(b) with the consent of the Treasury, such sums as he thinks fit for | |
enabling the Board to meet other expenses. | |
(2) Any sums required by the Secretary of State for making payments under | |
sub-paragraph (1) are to be paid out of money provided by Parliament. | |
Authentication of Board’s seal | 25 |
8 The application of the seal of the Board is to be authenticated by the | |
signature of the Chairman or some other person authorised for the purpose. | |
Presumption of authenticity of documents issued by Board | |
9 Any document purporting to be an instrument issued by the Board and to | |
be duly executed under the seal of the Board or to be signed on behalf of the | 30 |
Board shall be received in evidence and shall be deemed to be such an | |
instrument unless the contrary is shown. | |
Accounts and audit | |
10 (1) It is the duty of the Board— | |
(a) to keep proper accounts and proper records in relation to the | 35 |
accounts; | |
(b) to prepare in respect of each financial year a statement of accounts in | |
such form as the Secretary of State may direct with the approval of | |
the Treasury; and | |
(c) to send copies of each such statement to the Secretary of State and the | 40 |
Comptroller and Auditor General not later than 31st August next | |
following the end of the financial year to which the statement relates. | |
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(2) The Comptroller and Auditor General shall examine, certify and report on | |
each statement of accounts sent to him by the Board and shall lay a copy of | |
every such statement and of his report before each House of Parliament. | |
(3) In this paragraph and paragraph 11 “financial year” means a period of 12 | |
months ending with 31st March. | 5 |
Reports | |
11 The Board must as soon as practicable after the end of each financial year | |
make to the Secretary of State a report on the performance of its functions | |
during the year; and the Secretary of State must lay a copy of the report | |
before each House of Parliament. | 10 |
Schedule 19 | |
Section 247(5) | |
Determination of minimum term in relation to mandatory life sentence | |
Interpretation | |
1 In this Schedule— | |
“child” means a person under 18 years; | 15 |
“mandatory life sentence” means a life sentence passed in | |
circumstances where the sentence is fixed by law; | |
“minimum term”, in relation to a mandatory life sentence, means the | |
part of the sentence to be specified in an order under section 247(2); | |
“whole life order” means an order under subsection (4) of section 247. | 20 |
2 Section 28 of the Crime and Disorder Act 1998 (c. 37) (meaning of “racially | |
or religiously aggravated”) applies for the purposes of this Schedule as it | |
applies for the purposes of sections 29 to 32 of that Act. | |
3 For the purposes of this Schedule an offence is aggravated by sexual | |
orientation where the offence would be racially or religiously aggravated if | 25 |
the references in section 28(1) and (2) of the Crime and Disorder Act 1998 to | |
a racial or religious group were a reference to a group of persons defined by | |
reference to their sexual orientation. | |
Starting points | |
4 (1) If— | 30 |
(a) the court considers that the seriousness of the offence (or the | |
combination of the offence and one or more offences associated with | |
it) is exceptionally high, and | |
(b) the offender was aged 21 or over when he committed the offence, | |
the appropriate starting point is a whole life order. | 35 |
(2) Cases that would normally fall within sub-paragraph (1)(a) include— | |
(a) the murder of two or more persons, where each murder involves any | |
of the following— | |
(i) a substantial degree of premeditation or planning, | |
(ii) the abduction of the victim, or | 40 |
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(iii) sexual or sadistic conduct, | |
(b) the murder of a child if involving the abduction of the child or sexual | |
or sadistic motivation, | |
(c) a murder done for the purpose of advancing a political, religious or | |
ideological cause, or | 5 |
(d) a murder by an offender previously convicted of murder. | |
5 (1) If— | |
(a) the case does not fall within paragraph 4(1) but the court considers | |
that the seriousness of the offence (or the combination of the offence | |
and one or more offences associated with it) is particularly high, and | 10 |
(b) the offender was aged 18 or over when he committed the offence, | |
the appropriate starting point, in determining the minimum term, is 30 | |
years. | |
(2) Cases that (if not falling within paragraph 4(1)) would normally fall within | |
sub-paragraph (1)(a) include— | 15 |
(a) the murder of a police officer or prison officer in the course of his | |
duty, | |
(b) a murder involving the use of a firearm or explosive, | |
(c) a murder done for gain (such as a murder done in the course or | |
furtherance of robbery or burglary, done for payment or done in the | 20 |
expectation of gain as a result of the death), | |
(d) a murder intended to obstruct or interfere with the course of justice, | |
(e) a murder involving sexual or sadistic conduct, | |
(f) the murder of two or more persons, | |
(g) a murder that is racially or religiously aggravated or aggravated by | 25 |
sexual orientation, or | |
(h) a murder falling within paragraph 4(2) committed by an offender | |
who was aged under 21 when he committed the offence. | |
6 In a case not falling within paragraph 4(1) or 5(1), the appropriate starting | |
point, in determining the minimum term, is 15 years. | 30 |
Aggravating and mitigating factors | |
7 Having chosen a starting point, the court should take into account any | |
aggravating or mitigating factors, to the extent that it has not allowed for | |
them in its choice of starting point. | |
8 Detailed consideration of aggravating or mitigating factors may result in a | 35 |
minimum term of any length (whatever the starting point), or in the making | |
of a whole life order. | |
9 Aggravating factors (additional to those mentioned in paragraph 4(2) and | |
5(2)) that may be relevant to the offence of murder include— | |
(a) a significant degree of planning or premeditation, | 40 |
(b) the fact that the victim was particularly vulnerable because of age or | |
disability, | |
(c) mental or physical suffering inflicted on the victim before death, | |
(d) the abuse of a position of trust, | |
(e) the use of duress or threats against another person to facilitate the | 45 |
commission of the offence, | |
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