Moved by
Lord Roborough
138ZA: Clause 48, page 52, line 13, after “(5)” insert “—
(i) for the definition of “preventive sentence” substitute—
““preventive sentence” means—
(a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or
(b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);”;”
Member's explanatory statement
This amendment amends the definition of “preventive sentence” in section 31A(5) of the Crime (Sentences) Act 1997 to clarify the effect of previous amendments.
138ZB: Clause 48, page 52, line 13, leave out ““ten” substitute “three”” and insert “the words from “the period” to the end of the definition substitute “—
(a) if the prisoner was not at any time in the period of two years beginning with the date of the prisoner’s release serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over, that two year period;
(b) otherwise, the period of three years beginning with the date of the prisoner’s release.””
Member's explanatory statement
This amendment provides for a shorter “qualifying period” for prisoners only serving preventive sentences imposed in respect of offences for which they were convicted when aged under 18.