ukpga/1991/53 — Criminal Justice Act 1991

Criminal Justice Act 1991 1991 c. 53 An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes. [25th July 1991] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I Powers of Courts to deal with Offenders Custodial sentences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Community sentences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Probation and community service orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Curfew orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Orders: supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Reciprocal enforcement of certain orders. 16 Schedule 3 to this Act shall have effect for making provision for and in connection with— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the making and amendment in Scotland or Northern Ireland of certain orders relating to persons residing in England and Wales. Financial penalties Increase of certain maxima. 17 1 In section 37 (standard scale of fines) of the Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection— 2 The standard scale is shown below— Level on the scale Amount of fine 1 £200 2 £500 3 £1,000 4 £2,500 5 £5,000 . 2 Part I of the Magistrates’ Courts Act 1980 (“ the 1980 Act ”) shall be amended as follows— a in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) . . ., for “£400” there shall be substituted “£1,000”; b in section 24(4) (maximum fine on summary conviction of child for indictable offence) . . ., for “£100” there shall be substituted “£250”; and c in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”; and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”. 3 Schedule 4 to this Act shall have effect as follows— a in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4; b in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4; c in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum; d the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 False statements as to financial circumstances. 20A 1 A person who is charged with an offence who, in furnishing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) in response to an official request— a makes a statement which he knows to be false in a material particular; b recklessly furnishes a statement which is false in a material particular; or c knowingly fails to disclose any material fact, shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both. 1A A person who is charged with an offence who fails to furnish a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. 2 For the purposes of this section an official request is a request which— a is made by the designated officer for the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and b is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose and how it should be paid . 3 Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier. Financial penalties: supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Default in other cases. 23 1 In the Table in paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc. ), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries— An amount not exceeding £200 7 days An amount exceeding £200 but not exceeding £500 14 days An amount exceeding £500 but not exceeding £1,000 28 days An amount exceeding £1,000 but not exceeding £2,500 45 days An amount exceeding £2,500 but not exceeding £5,000 3 months . 2 For the Table in section 407(1A) of the Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table— Amount of fine or caution Maximum period of imprisonment An amount not exceeding £200 7 days An amount exceeding £200 but not exceeding £500 14 days An amount exceeding £500 but not exceeding £1,000 28 days An amount exceeding £1,000 but not exceeding £2,500 45 days An amount exceeding £2,500 but not exceeding £5,000 3 months An amount exceeding £5,000 but not exceeding £10,000 6 months An amount exceeding £10,000 but not exceeding £20,000 12 months An amount exceeding £20,000 but not exceeding £50,000 18 months An amount exceeding £50,000 but not exceeding £100,000 2 years An amount exceeding £100,000 but not exceeding £250,000 3 years An amount exceeding £250,000 but not exceeding £1 million 5 years An amount exceeding £1 million 10 years. 3 In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted. Recovery of fines etc. by deductions from universal credit and income support. 24 1 The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance a the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of that benefit , in order to secure the payment of any sum which is or forms part of the fine , compensation or unlawful profit ; and b the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum. 2 The regulations may include— a provision that, before making an application, the court shall make an enquiry as to the offender’s means; aa provision that the court may require the offender to provide prescribed information in connection with an application; b provision allowing or requiring adjudication as regards an application, and provision as to appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act ; c provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid; d provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance do not fall below prescribed figures); e provision as to the circumstances in which the Secretary of State is to cease making deductions; f provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and g provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State. 2A An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence. 2B An offender commits an offence if, in providing information required by the court by virtue of that subsection, he— a makes a statement which he knows to be false in a material particular, b recklessly provides a statement which is false in a material particular, or c knowingly fails to disclose any material fact. 2C A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale. 3 In subsection (1) above— a the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 132 of the Sentencing Code , as having been so imposed; and b the reference to a sum being required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court. c the reference in paragraph (a) to “ the court ” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary). 3A This section applies in relation to a surcharge imposed under section 42 of the Sentencing Code or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge. 3B This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order. 4 In this section— “ fine ” includes— (a) a penalty imposed under section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences); (b) an amount ordered to be paid, in addition to any penalty so imposed, under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty); (ba) a charge ordered to be paid under section 46 of the Sentencing Code (criminal courts charge); (c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court; ... “ income support ” means income support within the meaning of the Social Security Act 1986, either alone or together with any ... incapacity benefit, or retirement pension which is paid by means of the same instrument of payment; “ prescribed ” means prescribed by regulations made by the Secretary of State. “ slavery and trafficking reparation order ” means an order under section 8 of the Modern Slavery Act 2015; “ unlawful profit order ” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. 5 In the application of this section to Scotland— a references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and b in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs— a the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of section 211(4) of the Criminal Procedure (Scotland) Act 1995 , as having been so imposed; and b the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of section 252 of the Criminal Procedure (Scotland) Act 1995 , as having been so made. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Alteration of certain penalties. 26 1 In section 7 of the Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”. 2 For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections— 3 A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding— a where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years; b in any other case, ten years. 4 References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 51(4) of the Criminal Law Act 1977 (penalties for bomb hoaxes)— a in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and b in paragraph (b), for the words “five years” there shall be substituted the words “seven years”. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treatment of offenders under 1983 Act. 27 1 After section 39 of the 1983 Act there shall be inserted the following section— Information to facilitate guardianship orders. 39A Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate— a to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and b if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below; and that authority shall comply with any such request. 2 After section 54 of that Act there shall be inserted the following section— Reduction of period for making hospital orders. 54A 1 The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above. 2 An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient. 3 In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”. Supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Rules, regulations and orders. 30 1 Any power of the Secretary of State . . . to make rules, regulations or orders under this Part— a shall be exercisable by statutory instrument; and b shall include power to make different provision for different cases or classes of case. 2 A statutory instrument containing any rules, regulations or order under this Part . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part II Early Release of Prisoners Preliminary The Parole Board. 32 1 The Parole Board shall be, by that name, a body corporate and as such shall . a be constituted in accordance with this Part; and b have the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“ Chapter II ”) in respect of life prisoners within the meaning of that Chapter . 2 It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners. 3 The Board shall deal with cases as respects which it makes recommendations under this Part or Chapter II on consideration of— a any documents given to it by the Secretary of State; and b any other oral or written information obtained by it, and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member. 4 The Board shall deal with cases as respects which it gives directions under this Part or Chapter II on consideration of all such evidence as may be adduced before it. 5 Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times. 6 The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part or Chapter II ; and in giving any such directions the Secretary of State shall in particular have regard to— a the need to protect the public from serious harm from offenders; and b the desirability of preventing the commission by them of further offences and of securing their rehabilitation. 7 Schedule 5 to this Act shall have effect with respect to the Board. New arrangements for early release Duty to release short-term and long-term prisoners. 33 1 As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State— a to release him unconditionally if that sentence is for a term of less than twelve months; and b to release him on licence if that sentence is for a term of twelve months or more. 2 As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence. 3 As soon as a short-term or long-term prisoner who— a has been released on licence under this Part ; and b has been recalled to prison under section 39(1) or (2) below, would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him on licence . 3A In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 ). 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In this Part— “ long-term prisoner ” means a person serving a sentence of imprisonment for a term of four years or more; “ short-term prisoner ” means a person serving a sentence of imprisonment for a term of less than four years. Duty to release prisoners: special cases. 33A 1 As soon as a prisoner— a whose sentence is for a term of less than twelve months; and b who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below, would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally. 2 As soon as a prisoner— a whose sentence is for a term of twelve months or more; and b who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below, would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence. 3 In the case of a prisoner who— a has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and b has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below, section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Power to release short-term prisoners on licence. 34A 1 Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner . . . is serving a sentence of imprisonment for a term of three months or more. 2 Subsection (3) below does not apply where— a the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 ; b the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995; c the sentence was imposed under paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 in a case where the prisoner had failed to comply with a requirement of a curfew order; d the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983; da the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 ; e the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below; f the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below; g the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below; h the prisoner has been returned to prison under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 at any time; or j the interval between— i the date on which the prisoner will have served the requisite period for the term of the sentence; and ii the date on which he will have served one-half of the sentence, is less than 14 days. 3 After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence. 4 In this section “ the requisite period ” means— a for a term of three months or more but less than four months, a period of 30 days; b for a term of four months or more but less than eighteen months , a period equal to one-quarter of the term; c for a term of eighteen months or more, a period that is 135 days less than one-half of the term. 5 The Secretary of State may by order made by statutory instrument— a repeal the words “ aged 18 or over ” in subsection (1) above; b amend the definition of “ the requisite period ” in subsection (4) above; and c make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment. 6 No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. Power to release long-term and life prisoners. 35 1 After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to release prisoners on compassionate grounds. 36 1 The Secretary of State may at any time release a short-term or long-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds. 2 Before releasing a long-term . . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable. Duration and conditions of licences. 37 1 Subject to subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to . . . any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence. 1A Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence. 1B Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between— a that proportion of his sentence; and b the duration of the curfew condition to which he is or was subject. 2 Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 34A(3) or 36(1) above , subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A person subject to a licence under this Part shall comply with such conditions . . . as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons. 4A The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by— a an officer of a local probation board appointed for or assigned to the petty sessions area within which the person resides for the time being; or b where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being. 5 The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board. 6 For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case. 7 The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Curfew condition to be included in licence under section 34A. 37A 1 A person shall not be released under section 34A(3) above unless the licence includes a condition (“ the curfew condition ”) which— a requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and b includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified. 2 The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force). 3 The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence. 4 The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State. 5 The power conferred by subsection (4) above— a shall be exercisable by statutory instrument; and b shall include power to make different provision for different cases or classes of case or for different areas. 6 Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales; 7 In this section “ approved probation hostel ” has the same meaning as in the Probation Service Act 1993. Misbehaviour after release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Breach of curfew condition. 38A 1 If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above— a that he has failed to comply with the curfew condition; b that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or c that it is necessary to do so in order to protect the public from serious harm from him, the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison. 2 A person whose licence under section 34A(3) above is revoked under this section— a may make representations in writing with respect to the revocation; b on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations. 3 The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section. 4 Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section. 5 On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large. 6 In this section “ the curfew condition ” has the same meaning as in section 37A above. Recall of long-term and life prisoners while on licence. 39 1 If recommended to do so by the Board in the case of a short-term or long-term . . . prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison. 2 The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable. 3 A person recalled to prison under subsection (1) or (2) above— a may make representations in writing with respect to his recall; and b on his return to prison, shall be informed of the reasons for his recall and of his right to make representations. 4 The Secretary of State shall refer to the Board— a the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and b the case of a person recalled under subsection (2) above. 5 Where on a reference under subsection (4) above the Board— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b recommends in the case of any . . . person, his immediate release on licence under this section, the Secretary of State shall give effect to the . . . recommendation. 5A In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above. 6 On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Release on licence following return to prison. 40A 1 This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which— a includes, or consists of, an order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 ; and b is for a term of twelve months or less. 2 As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence. 3 Where the person is so released, the licence shall remain in force for a period of three months. 4 If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction— a to a fine not exceeding level 3 on the standard scale; or b to a sentence of imprisonment for a term not exceeding the relevant period, but not liable to be dealt with in any other way. 5 In subsection (4) above “ the relevant period ” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence. 6 As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting. Remand time and additional days Remand time to count towards time served. 41 1 This section applies to any person whose sentence falls to be reduced under section 67 of the Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”). 2 For the purpose of determining for the purposes of this Part— a whether a person to whom this section applies has served one-half or two-thirds of his sentence; or b whether such a person would (but for his release) have served three-quarters of that sentence, the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence. 3 Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than— a one-quarter of his sentence in the case of a short-term prisoner; or b one-twelfth of his sentence in the case of a long-term prisoner. Additional days for disciplinary offences. 42 1 Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days— a to short-term or long-term prisoners; or b conditionally on their subsequently becoming such prisoners, to persons on remand, who (in either case) are guilty of disciplinary offences. 2 Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules— a any period which he must serve before becoming entitled to or eligible for release under this Part; aa any period which he must serve before he can be removed under section 46A below; and b any period for which a licence granted to him under this Part remains in force, shall be extended by the aggregate of those additional days. Special cases Young offenders. 43 1 Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000 , as it applies to persons serving equivalent sentences of imprisonment. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 References in this Part to prisoners . . ., or to prison or imprisonment, shall be construed in accordance with subsection (1) . . . above. 4 In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State— a to release him unconditionally if his sentence is for a term of twelve months or less; and b to release him on licence if that sentence is for a term of more than twelve months. 5 In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4A) above shall have effect as if the reference to supervision by an officer of a local probation board included a reference to supervision by a social worker of a local authority . . . . Extended sentences for sexual or violent offenders. 44 1 This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of Criminal (Sentencing) Act 2000 . 2 Subject to the provisions of this section and section 51(2D) below, this Part, except section 40A, shall have effect as if the term of the extended sentence did not include the extension period. 3 Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period. 4 Where, apart from this subsection, the prisoner would be released unconditionally— a he shall be released on licence; and b the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period. 5 The extension period shall be taken to begin as follows— a for the purposes of subsection (3) above, on the date given by section 37(1) above; b for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally. 6 Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner. 7 For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence. 8 In this section “ extension period ” has the same meaning as in section 85 of the Powers of Criminal Courts (Sentencing) Act 2000. Re-release of prisoners serving extended sentences. 44A 1 This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of the Criminal Courts (Sentencing) Act 2000 who is recalled to prison under section 39(1) or (2) above. 2 Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time. 3 Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference. 4 On a reference— a under this section; or b under section 39(4) above, the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise). 5 If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence. Fine defaulters and contemnors. 45 1 Subject to subsection (2) below, this Part ( except sections 33A, 34A and 35 above) applies to persons committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 — a in default of payment of a sum adjudged to be paid by a conviction; or b for contempt of court or any kindred offence, as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly. 2 In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified. 3 In section 33 above, for subsections (1) to (3) there shall be substituted the following subsections— 1 As soon as a person committed as mentioned in section 45(1) below has served the appropriate proportion of his term, that is to say— a one-half, in the case of a person committed for a term of less than twelve months; b two-thirds, in the case of a person committed for a term of twelve months or more, it shall be the duty of the Secretary of State to release him unconditionally. 2 As soon as a person so committed who— a has been released on licence under section 36(1) below; and b has been recalled under section section 39(1) or (2) below, would (but for his release) have served the appropriate proportion of his term, it shall be the duty of the Secretary of State to release him unconditionally. 4 In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection— 1 Where a person committed as mentioned in section 45(1) below is released on licence under section 36(1) above, the licence shall, subject to— a . . . b any revocation under section section 39(1) or (2) below, continue in force until the date on which he would (but for his release) have served the appropriate proportion of his term; and in this subsection “ appropriate proportion ” has the meaning given by section 33(1) above. Persons liable to removal from the United Kingdom. 46 1 In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted. 2 In relation to a person who is liable to removal from the United Kingdom, section 37 above shall have effect as if subsection (4A) were omitted . 3 A person is liable to removal from the United Kingdom for the purposes of this section if— a he is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him; b he is liable to deportation under section 3(6) of that Act; c he has been notified of a decision to refuse him leave to enter the United Kingdom; or d he is an illegal entrant within the meaning of section 33(1) of that Act. or e he is liable to removal under section 10 of the Immigration and Asylum Act 1999 Early removal of persons liable to removal from United Kingdom 46A 1 Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period. 2 Subsection (1) above does not apply where— a the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000, b the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995, c the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983, d the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or e the interval between— i the date on which the prisoner will have served the requisite period for the term of the sentence, and ii the date on which he will have served one-half of the sentence, is less than 14 days. 3 A prisoner removed from prison under this section— a is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by— i Schedule 2 or 3 to the Immigration Act 1971, or ii section 10 of the Immigration and Asylum Act 1999, and b so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above. 4 So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison. 5 In this section “ the requisite period ” means— a for a term of three months or more but less than four months, a period of 30 days; b for a term of four months or more but less than 18 months, a period equal to one-quarter of the term; c for a term of 18 months or more, a period that is 135 days less than one-half of the term. 6 The Secretary of State may by order made by statutory instrument— a amend the definition of “the requisite period” in subsection (5) above, b make such transitional provision as appears to him necessary or expedient in connection with the amendment. 7 No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. 8 In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997. Re-entry into United Kingdom of offender removed early from prison 46B 1 This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence. 2 If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following— a the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and b his sentence expiry date. 3 A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large. 4 Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection. 5 Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period. 6 If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence. 7 If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State— a if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and b if he is recalled after that date, to release him on the sentence expiry date. 8 A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date. 9 In this section— “ further custodial period ” has the meaning given by subsection (2)(a) above; “ outstanding custodial period ”, in relation to a person to whom this section applies, means the period beginning with the date on which he was removed from the United Kingdom and ending with the date on which (but for his removal) he would have served one-half of his sentence; “ sentence expiry date ”, in relation to a person to whom this section applies, means the date on which (but for his removal from the United Kingdom) he would have served the whole of this sentence. Persons extradited to the United Kingdom. 47 1 A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if— a he was tried for the offence in respect of which his sentence was imposed— i after having been extradited to the United Kingdom; and ii without having first been restored or had an opportunity of leaving the United Kingdom; and b he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above. 2 If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section. 3 The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Life prisoners transferred to England and Wales. 48 1 This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if— a he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and b the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed, the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate. 2 In a case to which this section applies, this Part except section 35(2) above shall apply as if— a the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and b the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate. 3 In this section “ transferred life prisoner ” means a person— a on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and b who has been transferred to England and Wales, in pursuance of— i an order made by the Secretary of State under section 26 of the Criminal Justice Act 1961 or section 2 of the Colonial Prisoners Removal Act 1884; or ii a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984, there to serve his sentence or sentences or the remainder of his sentence or sentences. 4 A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences. Supplemental Alteration by order of relevant proportions of sentences. 49 1 The Secretary of State may by order made by statutory instrument provide— a that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order; b that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified. 2 An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order. 3 No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament. Transfer by order of certain functions to Board. 50 1 The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections (2) or (3) below shall have effect subject to the modifications so specified. 2 In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above). 3 In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament. Interpretation of Part II. 51 1 In this Part— “ the Board ” means the Parole Board; . . . . . . “ long-term prisoner ” and “ short-term prisoner ” have the meanings given by section 33(5) above (as extended by sections 43(1) and 45(1) above); “ sentence of imprisonment ” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone. “ sexual offence ” and “ violent offence ” have the same meanings as in the Powers of Criminal Courts (Sentencing) Act 2000 . 2 For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if— a the sentences were passed on the same occasion; or b where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions. 2A Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed. 2B Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term— a nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others; b nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others; c on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2C Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the Crime (Sentences) Act 1997), nothing in this Part shall— a require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or b require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences. 2D Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 ) included the extension period (within the meaning of that section). 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act. Part III Children and Young Persons Children’s evidence Competence of chil