Moved by
Baroness Prashar
12: Clause 27, leave out Clause 27 and insert the following new Clause—
“Release on licence for prisoners serving a serious terrorism sentence: England and Wales
(1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 244(1) (duty to release prisoners on licence) after “247A” insert “, 247B”.
(3) After section 247A insert—
“247B Release on licence of prisoners serving a serious terrorism sentence
(1) This section applies to a prisoner (“P”) who is serving a serious terrorism sentence under section 268A or 282A of the Sentencing Code.
(2) It is the duty of the Secretary of State to release P on licence in accordance with subsections (3) to (6).
(3) The Secretary of State must refer P’s case to the Board—
(a) as soon as P has served the requisite custodial period, and
(b) where there has been a previous reference of P’s case to the Board under this subsection and the Board did not direct P’s release, not later than the second anniversary of the disposal of that reference.
(4) It is the duty of the Secretary of State to release P on licence under this section as soon as—
(a) P has served the requisite custodial period, and
(b) the Board has directed P’s release under this section.
(5) The Board must not give a direction under subsection (4) unless—
(a) the Secretary of State has referred P’s case to the Board, and
(b) the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.
(6) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).
(7) For the purposes of this section—
“appropriate custodial term” has the meaning given in section 268C of the Sentencing Code in relation to a sentence under section 268A of the Code, and in section 282C of the Sentencing Code in relation to a sentence under section 282A of the Code;
“the requisite custodial period” means—
(a) in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and
(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).””