Dangerous offenders
Section 1: Maximum sentence for certain offences to be life imprisonment
113.Section 1 increases the maximum penalty on indictment for three terrorism-related offences to life imprisonment in subsections (1), (2) and (3). These are the offences of making or possession of explosive under suspicious circumstances (section 4 of the Explosive Substances Act 1883); weapons training for terrorism (section 54 of the Terrorism Act 2000); and training for terrorism (section 6 of the Terrorism Act 2006). Those provisions extend to England and Wales, Scotland and Northern Ireland.
114.Subsection (4) of section 1 provides that a life sentence may only be imposed for one of these offences where the offence is committed on or after the date of the commencement of these provisions.
Section 2: Specified offences
115.Section 2 provides for the offence of making or possession of explosive under suspicious circumstances to be added to Schedule 15 to the Criminal Justice Act 2003. It also adds offences of encouraging or assisting in the commission of an offence of murder to that Schedule. Schedule 15 sets out serious sexual and violent offences which are subject to the dangerous offenders sentencing scheme. Schedule 15 is relevant for the purposes of: eligibility for an extended determinate sentence (imposed under sections 226A and 226B of the Criminal Justice Act 2003 and corresponding provision in the Armed Forces Act 2006); and the duty to impose a life sentence (imposed under section 225 or 226 of the Criminal Justice Act 2003 and corresponding provision in the Armed Forces Act 2006) where the offence carries a maximum sentence of life imprisonment and the court considers that there is a significant risk to the public of serious harm from further such offences.
116.Subsection (2) adds the offence under section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances) to Part 1 of Schedule 15 to the Criminal Justice Act 2003: thereby making it a specified violent offence for the purposes of Chapter 5 of Part 12 of the Criminal Justice Act 2003 and eligible for the dangerous offenders sentencing scheme in sections 225, 226, 226A and 226B.
117.Subsection (4) adds the offence under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of the offence of murder and incitement to murder to Schedule 15. Subsection (4) also restates provision about an attempt to commit murder and conspiracy to commit murder.
118.In light of the express reference to Part 2 of the Serious Crime Act 2007 added by the amendment made by subsection (4), subsections (3) and (7) restate the other provisions about inchoate offences in Schedule 15 to add an express reference to offences under Part 2 of that Act involving other offences listed in that Schedule.
119.Subsection (5) omits the offence under section 33 of the Sexual Offences Act 1956 (keeping a brothel) from Schedule 15 and subsection (6) adds the offence under section 33A of that Act (keeping a brothel used for prostitution) to Schedule 15.
120.Subsection (8) provides that where an offender is sentenced after commencement of these provisions, these provisions will apply, regardless of when the offence was committed.
121.However, subsections (10) and (11) provide for some different transitional arrangements for these provisions. A life sentence (under section 225 or 226 of the Criminal Justice Act 2003 and corresponding provision in the Armed Forces Act 2006) can only be imposed for an offence under section 4 of the Explosive Substances Act 1883 or an offence of encouraging or assisting the commission of the offence of murder if that offence is committed on or after the date of the commencement of these provisions.
Section 3: Schedule 15B offences
122.Section 3 adds various terrorism and terrorism-related offences to Schedule 15B to the Criminal Justice Act 2003. Schedule 15B sets out particularly serious sexual and violent offences which are relevant for the purposes of: eligibility for the automatic life sentence for a second Schedule 15B offence imposed under section 224A and corresponding provision in the Armed Forces Act 2006; the availability of an extended determinate sentence under section 226A and corresponding provision in the Armed Forces Act 2006, as a conviction for a Schedule 15B offence satisfies the ‘previous conviction’ condition for the imposition of an extended determinate sentence; and the release arrangements for those serving an extended determinate sentence (imposed under sections 226A and 226B and corresponding provision in the Armed Forces Act 2006). This change has the effect that an offender given an extended determinate sentence for one of these offences will not be eligible for automatic release once the two-thirds point of the appropriate custodial term has been reached, but instead will be referred by the Secretary of State to the Parole Board at that point. (Section 4 of the Act will make early release from an extended determinate sentence discretionary in all cases).
123.Subsections (2) to (5) add the listed terrorism and terrorism-related offences to Schedule 15B to the Criminal Justice Act 2003.
124.Subsections (6) to (8) clarify the application of Schedule 15B to the Criminal Justice Act 2003 to foreign EU member State service offences. Paragraph 49B of Schedule 15B as inserted provides a new definition of a member State service offence, which will ensure that previous convictions from a foreign EU service court operating outside that EU Member State will count as relevant previous convictions for the purposes of eligibility for the life sentence in section 224A of the Criminal Justice Act 2003; and eligibility for imposition of an extended determinate sentence under section 226A of that Act.
125.Subsection (9) provides that an automatic life sentence can only be given on account of one of these offences where the ‘second strike’ offence is committed on or after the date of the commencement of these provisions.
126.Subsection (10) provides that a previous conviction for one of these offences will satisfy the ‘previous conviction’ condition for the imposition of an extended determinate sentence for offenders sentenced on or after the date of the commencement of these provisions, regardless of when that prior offence was committed.
127.Subsection (11) provides that the changes to the release arrangements for offenders given an extended determinate sentence for one of these offences apply to offenders serving a sentence imposed on or after the date of the commencement of these provisions, whenever the offence in question was committed.
128.Subsection (12) makes provision about determining the date of an offence for the purposes of section 224A of the Criminal Justice Act 2003 and section 218A of the Armed Forces Act 2006. It provides that offences found to have been committed over a period of two or more days, or at an unknown point during a period of two of more days, are to be treated as though committed on the last of those days.
Section 4: Parole Board release when serving extended sentences
129.Section 4 alters the release arrangements for extended determinate sentences, so that all offenders serving such sentences are subject to Parole Board release between the two-thirds and end points of the custodial term (instead of automatic release at the two-thirds point) rather than only offenders serving sentences imposed for more serious offences, as at present.
130.Section 4 amends section 246A of the Criminal Justice Act 2003, which sets out the arrangements for the release of prisoners serving extended determinate sentences (imposed under sections 226A and 226B of the Criminal Justice Act 2003 and corresponding provision in the Armed Forces Act 2006).
131.Subsections (2) and (3) amend section 246A to provide that, in relation to offenders sentenced to an extended determinate sentence after the commencement of these provisions, the Secretary of State must refer all such prisoners to the Parole Board when the two-thirds point of the appropriate custodial term has been reached under section 246A(4).
Section 5: Minor amendments
132.This section makes provision in relation to the life sentence under section 224A of the Criminal Justice Act 2003 (and corresponding provision in the Armed Forces Act 2006), and the extended determinate sentence under section 226A of that Act.
133.Subsection (1) makes provision about determining the date of an offence for the purposes of section 224A of the Criminal Justice Act 2003. It provides that offences found to have been committed over a period of two or more days, or at an unknown point during a period of two or more days, are to be treated as though committed on the last of those days. Subsection (3) makes equivalent provision for corresponding provision in the Armed Forces Act 2006.
134.Subsection (2) extends the provision allowing courts to treat certificates from another court, in respect of a previous conviction, as evidence of the nature of the crime (for example, that an offence of robbery included the use of a firearm), so that it applies for the purpose of determining eligibility for an extended determinate sentence under section 226A of the Criminal Justice Act 2003 as well as a life sentence under section 224A of that Act.