Moved by
Lord Wolfson of Tredegar
42: Schedule 13, page 102, line 34, at end insert—
“Counter-Terrorism and Security Act 2015 (c. 6)
2A_ In section 44(2)(e) of the Counter-Terrorism and Security Act 2015 (provisions subject to review by the independent reviewer of terrorism legislation), for “Schedule 1” substitute “Schedules A1 and 1”.”
Member’s explanatory statement
This amends the list of terrorism legislation which is subject to review by the independent reviewer to include the new Schedule A1 inserted into the Sentencing Code by Schedule 1 to the Bill.
43: Schedule 13, page 103, line 5, leave out paragraph 5
Member’s explanatory statement
This removes a repeal to Schedule 2 to the Sentencing (Pre-Consolidation Amendments) Act 2020 that has already been made by the Sentencing Act 2020.
44: Schedule 13, page 103, line 19, at end insert—
“(3A) In Schedule 22, paragraph 4 (prospective addition of offences to Schedule 1 to the Code), and the heading above it, are repealed to the extent that paragraph 4 is not yet in force when section 1 of this Act comes into force.”
Member’s explanatory statement
This repeals a prospective amendment to the Sentencing Code made by Schedule 22 to the Sentencing Act 2020. The repealed amendment will be unnecessary if not yet in force when Clause 1 of the Bill comes into force.
45: Schedule 13, page 104, line 20, leave out paragraph (b)
Member’s explanatory statement
This amendment is consequential on the amendment at page 121, line 17.
46: Schedule 13, page 104, line 30, at end insert—
“(6A) In section 255C (extended sentence prisoners and those not suitable for automatic release)—
(a) for the heading, substitute “Prisoners not suitable for automatic release”;
(b) in subsection (1)(a), after “prisoner” insert “or a serious terrorism prisoner (see section 255A(7) and (7A))”.”
Member’s explanatory statement
This makes a consequential amendment to section 255C of the Criminal Justice Act 2003 reflecting the fact that those serving serious terrorism sentences will not be eligible for automatic further release after recall to prison.
47: Schedule 13, page 106, line 40, leave out sub-paragraph (13)
Member’s explanatory statement
This removes an unnecessary amendment to the Sentencing Code.
48: Schedule 13, page 107, line 20, leave out sub-paragraph (16)
Member’s explanatory statement
This removes an unnecessary amendment to the Sentencing Code.
49: Schedule 13, page 108, line 11, at end insert—
“(21) In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution)—
(a) in paragraph (a), for “38” substitute “38B”;
(b) in paragraph (d), for “268” substitute “268C”;
(c) in paragraph (f), after “paragraphs” insert “68A,”.
(22) In Schedule 22 (amendments of the Sentencing Code, including in relation to the prospective abolition of sentences of detention in a young offender institution)—
(a) for paragraph 36 substitute—
“36_ In section 15 (committal for sentence of dangerous adult offenders)—
(a) in subsection (1)(b), omit—
(i) “of detention in a young offender institution or”;
(ii) “266 or”;
(b) in subsection (1A), omit “268A or”.”;
(b) in paragraph 37 (amendments of section 59 of the Code)—
(i) for “59(2)(h)” substitute “59(2)”;
(ii) after “court)” insert “—
(a) in paragraph (ga), for “sections 268B and” substitute “section”;
(b) in paragraph (h),”;
(c) in paragraph 38 (amendments of section 61 of the Code), after sub-paragraph (a) insert—
“(aa) in subsection (2B), omit “268C(2)(b) or”;”;
(d) after paragraph 38 insert—
“38A_ In section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.
38B_ In section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.”;
(e) in paragraph 40 (amendments of section 166 of the Code), for “paragraphs 3 and 4” substitute “entries 3, 4 and 4A”;
(f) in paragraph 46 (amendments of section 231 of the Code), at the end insert—
“(d) in subsection (6A), for “sections 268C(2)(b) and” substitute “section”.”;
(g) after paragraph 57 insert—
“57A_ In section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.
57B_ In section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).”;
(h) in paragraph 62 (amendments of section 308(1) of the Code), after paragraph (a) insert—
“(aa) in paragraph (aa), omit “268B or”;”;
(i) after paragraph 68 insert—
“68A_ In section 323 (minimum term order: other life sentences)—
(a) in subsection (4), omit “268B(2) or” in both places;
(b) in subsection (6)(b), omit “268B(2) or”.”;
(j) in paragraph 70 (amendments of section 329 of the Code)—
(i) after the opening words insert—
“(za) in subsection (3), for “(4) to (5A)” substitute “(4), (4A) and (5)”;
(ii) after paragraph (a) insert—
“(aa) omit subsection (5A);”;
(iii) in paragraph (b), after “(e)” insert “, (ea)”;
(k) in paragraph 72 (amendments of section 397(1) of the Code)—
(i) the words from “in the definition” to the end become sub- paragraph (a);
(ii) at the end insert—
“(b) in the definition of “serious terrorism sentence”, omit paragraph (a)(including the word “or” immediately after that paragraph).”;
(l) for paragraph 73 (amendments of section 399 of the Code) substitute—
“73_ In section 399 (mandatory sentences)—
(a) in paragraph (b)—
(i) in the opening words, omit “, custody for life”;
(ii) in sub-paragraph (i), omit “, 274”;
(iii) in sub-paragraph (ii), omit “273 or”;
(b) in paragraph (ba), omit “268B or”.”;
(m) before paragraph 80 (amendment of Schedule 18 to the Code) insert—
“79A_ In Schedule 17A (serious terrorism offences), after paragraph 24 insert—
“Space Industry Act 2018
24A_ An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—
(a) paragraph 1 (hijacking of spacecraft);
(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);
(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);
(d) paragraph 4 (endangering safety at spaceports).””;
(n) in paragraph 101 (amendment of section 37 of the Mental Health Act 1983)—
(i) in sub-paragraph (1), omit “, as amended by paragraph 73 of Schedule 24”;
(ii) in sub-paragraph (2), for “273” substitute “268A, 273”;
(iii) in sub-paragraph (3), after “(1B)” insert “—
(a) in paragraph (aa), omit “section 268A or” and “282B(2) or”;
(b) ”.”
Member’s explanatory statement
This makes further amendments to Schedule 22 to the Sentencing Act 2020 (prospective amendments to the Sentencing Code in connection with the abolition of detention in a young offender institution) in consequence of the introduction by clauses 4 and 5 of serious terrorism sentences in England and Wales.
50: Schedule 13, page 108, line 15, leave out sub-paragraph (1)
Member’s explanatory statement
This is consequential on the amendment at page 108, line 18.
51: Schedule 13, page 108, line 16, after “398” insert “of the Sentencing Act 2020”
Member’s explanatory statement
This is consequential on the amendment at page 108, line 18.
52: Schedule 13, page 108, line 17, at end insert—
“(2A) The amendment made by sub-paragraph (2) does not apply where a person is convicted of an offence before the day on which this paragraph comes into force.”
Member’s explanatory statement
This ensures that the transitional provision set out in Clause 21(2) in relation to the introduction of the new Schedule 13 to the Sentencing Code by that Clause also applies to the related consequential amendment.
53: Schedule 13, page 108, line 18, leave out sub-paragraph (3)
Member’s explanatory statement
This leaves out an amendment to the Sentencing Act 2020 which is consequential on Schedule 8 to the Bill rather than Clause 21 (see also amendment at page 119, line 41).
54: Schedule 13, page 110, line 35, leave out paragraph (a) and insert—
“(a) in subsection (6A)(a), for “265” substitute “252A, 265”;”
Member’s explanatory statement
This adjusts a consequential amendment to section 264 of the Criminal Justice Act 2003 to reflect an amendment made to that provision by the Sentencing Act 2020.
55: Schedule 13, page 114, line 17, at end insert—
“(25A) In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution), in paragraph (c), after “51” insert “, 51A”.
(25B) In Schedule 22 (amendments of the Sentencing Code, including in relation to prospective abolition of sentences of detention in a young offender institution)—
(a) after paragraph 51 insert—
“51A_ In section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “18”.”;
(b) in paragraph 70 (amendment of section 329 of the Sentencing Code in relation to the prospective abolition of sentences of detention in a young offender institution), before paragraph (a) insert—
“(zb) in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);”.”
Member’s explanatory statement
This makes further amendments to the Sentencing Act 2020 which are consequential on the introduction of the new sentence for offenders of particular concern aged under 18 at the time of the offence by Clause 22.
56: Schedule 13, page 115, line 19, leave out sub-paragraph (1)
Member’s explanatory statement
This is consequential on the amendment at page 115, line 24
57: Schedule 13, page 115, line 20, after “section 5” insert “of the Rehabilitation of Offenders Act 1974”
Member’s explanatory statement
This is consequential on the amendment at page 115, line 24
58: Schedule 13, page 115, line 24, at end insert—
“33A(1) The Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland is amended as follows.
(2) In section 5 (rehabilitation periods for particular sentences)—
(a) in subsection (1)(d), after “or section 209” insert “or 224B”;
(b) in subsection (2F)(a)(ii), after “209” insert “or 224B”.
(3) In section 5B (Table B - disclosure periods: service disciplinary cases), in the sixth entry of Table B, after “209” insert “or 224B”.”
Member’s explanatory statement
This makes amendments to section 5 of the Rehabilitation of Offenders Act 1974 as it extends to Scotland, to ensure that section deals with the service equivalent of the new sentence for offenders of particular concern aged under 18 at the time of the offence, introduced by Part 3 of Schedule 8 to the Bill.
59: Schedule 13, page 119, line 41, at end insert—
“(4A) In section 418 (commencement of provisions of Schedule 26 in relation to prospective abolition of sentences of detention in a young offender institution) after subsection (2) insert—
“(2A) Paragraphs 13A, 20A and 24A (and paragraph 1 so far as it relates to them) also come into force at that time.”
(4B) In Schedule 25 (amendments of Armed Forces Act 2006), omit paragraph 45(5).
(4C) In Schedule 26 (further amendments of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution)—
(a) after paragraph 13 insert—
“13A_ In section 219ZA (serious terrorism sentence for offenders aged 18 or over)—
(a) in subsection (1)(e), omit “a sentence of custody for life or (as the case may be)”;
(b) omit subsections (4) to (6);
(c) in subsection (7), omit “Where the offender is aged 21 or over when convicted of the serious terrorism offence,”.”;
(b) in paragraph 14 (amendments of section 219A of the 2006 Act), for sub-paragraph (a) substitute—
“(a) in subsection (1)—
(i) in paragraph (d), omit sub-paragraphs (i) and (iii);
(ii) in paragraph (da), omit sub-paragraph (i);”;
(c) in paragraph 15(a) (amendments of section 224A of the 2006 Act), after paragraph (ii) insert—
“(iii) in sub-paragraph (iii), for “detention or imprisonment under section 268A or 282A” substitute “imprisonment under section 282A”;”;
(d) in paragraph 18 (amendment of section 239 of the 2006 Act), after “pleas)” insert “—
(a) in subsection (3A), omit—
(i) “(4) or”;
(ii) “268A or”;
(b) in subsection (3B), omit “268C(2) or, as the case may be,”;
(c) ”;
(e) in paragraph 19 (amendments of section 260 of the 2006 Act)—
(i) in sub-paragraph (a), after paragraph (ii) insert—
“(iia) in paragraph (ca), omit “268A or”;”;
(ii) for sub-paragraph (b) substitute—
“(b) in subsection (4B)—
(i) in paragraph (za), omit “268C(2) or”;
(ii) in paragraph (a), omit “268(2) or”.”;
(f) in paragraph 20 (amendments of section 261 of the 2006 Act), at the end insert—
“(c) in paragraph (ba), omit “268A or”.”;
(g) after paragraph 20 insert—
“20A_ In section 261A(3) (life sentences: further provision)—
(a) in paragraph (b), omit “268B(2) or”;
(b) in paragraph (c)(i), omit “268B(2) or”.”;
(h) in paragraph 21 (amendments of section 262A of the 2006 Act), for the words from “, in subsection (4)” to the end substitute—
“(a) in subsection (2A), omit paragraph (b);
(b) omit subsection (3A);
(c) in subsection (4), omit paragraphs (d), (da), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.”;
(i) after paragraph 24 insert—
“24A_ In section 304C (to be inserted by the Armed Forces Act 2016: reduction in sentence), in subsection (5A)—
(a) omit “268C(2) or”;
(b) for “section 219ZA(5) to (8)” substitute “section 219ZA(8)”.””
Member’s explanatory statement
This amendment makes further amendments, to the provisions of the Sentencing Act 2020 dealing with the abolition of detention in a young offender institution, which are consequential on the provisions of the Bill dealing with sentencing under service law.
60: Schedule 13, page 121, line 17, at end insert—
“(2A) In section 250 (licence conditions)—
(a) in subsection (5A), in each of paragraphs (a) and (b), after “a prisoner” insert “, other than a terrorist prisoner,”;
(b) after subsection (5A) insert—
“(5AA) Subsection (5B) also applies to a licence granted, either on initial release or after recall to prison, to a terrorist prisoner in a case where the licence is granted following a direction of the Board for the prisoner’s release.”;
(c) omit subsection (5BA);
(d) after subsection (8) insert—
“(9) In this section “terrorist prisoner” means a prisoner to whom section 247A applies, or would apply but for the prisoner’s having been released on licence.””
Member’s explanatory statement
This amends section 250 of the Criminal Justice Act 2003 so that the Parole Board will set the licence conditions for all prisoners to whom section 247A of that Act applies (restricted eligibility for early release) whose release is directed by the Board.
61: Schedule 13, page 122, line 2, at end insert—
“Social Work (Scotland) Act 1968 (c. 49)
45A_ In section 6A(1)(d) of the Social Work (Scotland) Act 1968 (inquiries into detention of children under certain enactments), after “44” insert “, 205ZC(5)”.”
Member’s explanatory statement
This amendment enables an inquiry to be held under section 6A of the Social Work (Scotland) Act 1968 into the detention of a child under the new terrorism sentence introduced by Clause 23.
62: Schedule 13, page 122, line 2, at end insert—
“Rehabilitation of Offenders Act 1974 (c. 53)
45B_ In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences), in subsection (1)(d)—
(a) for “Act 1975” substitute “Act 1995”;
(b) for the words from “section 206” to the end substitute “section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995;”.
45C_ In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (rehabilitation periods for particular sentences)—
(a) in subsection (1)(da), after “section” insert “205ZA(6)(serious terrorism sentence for young offenders), 205ZC(4) or (5)(terrorism sentence for young offenders or children),”;
(b) in subsection (12), in paragraph (b) of the definition of “custodial sentence”, after “44,” insert “205ZA(6), 205ZC(4) or (5),”.”
Member’s explanatory statement
This makes amendments to section 5 of the Rehabilitation of Offenders Act 1974 so that it will deal with the new sentences introduced by Clauses 6 and 23.
63: Schedule 13, page 122, line 7, at end insert—
“(1) The Prisons (Scotland) Act 1989 is amended as follows.”
Member’s explanatory statement
This amendment is consequential on the amendment at page 122, line 18.
64: Schedule 13, page 122, line 8, leave out “of the Prisons (Scotland) Act 1989”
Member’s explanatory statement
This amendment is consequential on the amendment at page 122, line 18.
65: Schedule 13, page 122, line 18, at end insert—
“(3) In section 40(3)(a)(arrest of absent prisoners: application of section to persons sentenced or ordered to be detained under certain provisions of the 1995 Act), after “205” insert “, 205ZC(5)”.”
Member’s explanatory statement
This amendment amends section 40(3)(a) of the Prisons (Scotland) Act 1989 so as to make section 40 applicable in relation to children sentenced to detention under the new terrorism sentence introduced by Clause 23.