154Q: Schedule 20, page 250, line 5, leave out paragraph 4 and insert—
““4 (1) Section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence imposed as well as driving disqualification) is amended as follows.
(2) In subsection (4)(e)—
(a) for ““227”” substitute ““226A””,
(b) for ““half”” substitute ““two-thirds of””, and
(c) for ““227(2C)(a)”” substitute ““226A(5)(a)””.
(3) In subsection (4)(f)—
(a) for ““228”” substitute ““226B””,
(b) for ““half”” substitute ““two-thirds of””, and
(c) for ““228(2B)(a)”” substitute ““226B(3)(a)””.
(4) In subsection (8) omit ““or 247(2)””.
(5) In subsection (9) omit paragraph (b).””
154R: Schedule 20, page 250, line 19, at end insert—
““Crime (Sentences) Act 1997 (c.43)
4A In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) in paragraph 9(2)(a) after ““244,”” insert ““246A,””.
Crime and Disorder Act 1998 (c.37)
4B In section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) in subsection (3)(d) for ““226(3) or 228(2)”” substitute ““226B””.””
154S: Schedule 20, page 250, line 21, at end insert—
““5A In section 3A (committal for sentence of dangerous adult offenders) in subsection (2) for ““225(3) or 227(2)”” substitute ““226A””.
5B In section 3C (committal for sentence of dangerous young offenders) in subsection (2) for ““226(3) or 228(2)”” substitute ““226B””.””
154T: Schedule 20, page 250, line 23, at end insert—
““6A (4) Section 82A (determination of tariffs of life prisoners) is amended as follows.
(5) Omit subsection (4A).
(6) In subsection (7) for the definition of ““life sentence”” substitute—
““““life sentence”” means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection.””””
154U: Schedule 20, page 250, line 40, leave out ““after ““226”” insert ““, 226B”””” and insert ““for ““228”” substitute ““226B””””
154V: Schedule 20, page 250, line 41, leave out paragraph 9 and insert—
““9 (1) Section 106A (interaction of detention and training orders with sentences of detention) is amended as follows.
(2) In subsection (1), in paragraph (b) of the definition of ““sentence of detention””, after ““section”” insert ““226B or””.
(3) In subsection (6)—
(a) before ““228”” insert ““226B or””, and
(b) after ““Board under”” insert ““subsection (5)(b) of section 246A or (as the case may be)””.””
154W: Schedule 20, page 250, line 43, at end insert—
““9A (1) Section 147A (extension of driving disqualification where custodial sentence also imposed) is amended as follows.
(2) In subsection (4)(e)—
(a) for ““227”” substitute ““226A””,
(b) for ““half”” substitute ““two-thirds of””, and
(c) for ““227(2C)(a)”” substitute ““226A(5)(a)””.
(3) In subsection (4)(f)—
(a) for ““228”” substitute ““226B””,
(b) for ““half”” substitute ““two-thirds of””, and
(c) for ““228(2B)(a)”” substitute ““226B(3)(a)””.
(4) In subsection (8) omit ““or 247(2)””.
(5) In subsection (9) omit paragraph (b).””
154X: Schedule 20, page 251, line 13, leave out ““before ““227(2)”” insert ““226A(4), 226B(2)”””” and insert ““for ““227(2) and 228(2)”” substitute ““226A(4) and 226B(2)””””
154Y: Schedule 20, page 251, line 14, leave out paragraph 16 and insert—
““16 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows.
(2) In subsection (3)(a) for ““section 227(1)(b) or section 228(1)(b)(i)”” substitute ““section 226A(1)(b) or section 226B(1)(b)””.
(3) After subsection (9) (inserted by paragraph 13A of Schedule 19) insert—
““(10) The reference in subsection (1) to a court forming the opinion mentioned in section 153(2) includes a court forming that opinion for the purposes of section 226A(6) or 226B(4).””.
154YA: Schedule 20, page 251, line 15, at end insert—
““16A In the heading of section 225 (life sentence or imprisonment for public protection for serious offences) omit ““or imprisonment for public protection””.
16B In the heading of section 226 (detention for life or detention for public protection for serious offences by those aged under 18) omit ““or detention for public protection””.
16C In section 231 (appeals where convictions set aside) in subsection (1)—
(a) in paragraph (a) after ““225(3)”” insert ““, 226A””,
(b) in paragraph (b)—
(i) before ““227(2A)”” insert ““226A(2) or””, and
(ii) before ““227(2B)”” insert ““226A(3) or””, and
(c) in paragraph (c) after ““may be)”” insert ““226A(2) or””.
16D Omit section 232 (certificates of convictions for the purposes of sections 225 and 227).””
154YB: Schedule 20, page 251, line 21, at end insert—
““19A In section 330 (orders and rules) in subsection (5)(a) omit—
(a) ““227(6),””, and
(b) ““228(7)””.
19B Omit Schedule 15A (offences specified for the purposes of sections 225(3A) and 227(2A)).””
154YC: Schedule 20, page 251, line 26, at end insert—
““Counter-Terrorism Act 2008 (c.28)
20A In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements under Part 4 of that Act) after sub-paragraph (vi) (but before the ““or”” at the end of that sub-paragraph) insert—
““(via) detention under section 226B of that Act (extended sentence of detention for certain dangerous offenders aged under 18),””.
Coroners and Justice Act 2009 (c.25)
20B (1) Section 126 of the Coroners and Justice Act 2009 (determination of tariffs etc) is amended as follows.
(2) In subsection (1)—
(a) omit paragraphs (a) and (b),
(b) in paragraph (c) for ““227 of that Act”” substitute ““226A of the Criminal Justice Act 2003””, and
(c) in paragraph (d) for ““228”” substitute ““226B””.
(3) In subsection (2)—
(a) omit paragraph (b),
(b) in paragraph (c) for ““227(3) of that Act”” substitute ““226A(6) of the Criminal Justice Act 2003””, and
(c) in paragraph (d) for ““228(3)”” substitute ““226B(4)””.
(4) In subsection (4) for the words from ““has”” to the end substitute ““means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection””.
Consequential repeals
20C In consequence of amendments made by section 116, 118 or 119 or this Schedule—
(a) in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18, and
(b) in the Criminal Justice and Immigration Act 2008 omit—
(i) sections 13, 14, 15, 16 and 18(2);
(ii) Schedule 5;
(iii) in Schedule 26, paragraph 76.””
154YD: Schedule 20, Transpose Schedule 20 to after Schedule 21
Amendments 154Q to 154YD agreed.
Clause 119 : New extended sentences: release on licence etc
Amendments 154YE and 154YF
Clause 119 : New extended sentences: release on licence etc
Amendments 154YE and 154YF
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord McNally
(Liberal Democrat)
in the House of Lords on Tuesday, 20 March 2012.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
736 c850-3 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2024-06-10 14:42:39 +0100
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