Found: It is a difficult area; the courts do have the power under certain sections of the Sentencing Act

Found: Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 S.I. 2024/654 Sentencing

Found: oEuropean Union (Future Relationship) Act 2020 oUnited Kingdom Internal Market Act 2020 oAnimal Welfare (Sentencing

Found: Act 2020 3 European Union (Future Relationship) Act 2020 4 Agriculture Act 2020 5 Animal Welfare (Sentencing

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many offenders released on licence at the 40% point of their sentence were convicted of (a) one and (b) more than one breach of restraining orders.

Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury

The Government inherited a crisis in our criminal justice system, with prisons on the point of collapse. As a result, we were forced to take the difficult but necessary step to move certain release points for prisoners serving eligible standard determinate sentences (SDSs) from 50% to 40%.

Public protection is our priority, so we have important exclusions from this change, notably certain serious violent, sexual, national security and domestic abuse connected offences. These exclusions included the Breach of Restraining Order (BoRO) offence under Section 363 of the Sentencing Act 2020 passed by the previous Government.

It became clear that a repealed piece of legislation was being incorrectly used in a small number of cases. This created an anomaly, which meant 37 offenders were released under a repealed offence. These 37 offenders have now been returned to custody.

Data on SDS40 releases forms a subset of data intended for future publication.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, for what reason each prisoner who was released under the revised terms of the early release scheme and had previously breached a restraining order was released.

Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury

Certain offences are excluded from the SDS40 change. Exclusions included the Breach of Restraining Order (BoRO) offence under Section 363 of the Sentencing Act 2020.This offence replaced an older offence in Section 5 of the Protection from Harassment Act 1997, which was repealed on the commencement of the Sentencing Act 2020 on 1 December 2020. At that point the new Sentencing Act offence should have been used.

However, our assurance work uncovered that since December 2020, offenders have been charged and sentenced under this repealed offence. This means the 1997 Act was being used incorrectly and this created an anomaly.

We took rapid action, and all 37 offenders have been returned to prison. Every victim affected and currently in the Victim Contact Scheme or Victim Notification scheme has been contacted.

All prisoners in custody with this offence recorded against them have been reviewed to ensure there are no further releases in error.

Question to the Ministry of Justice:

To ask His Majesty's Government what plans they have to review the cases of those still subject to the "two strikes” sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 or the “automatic life" sentence introduced in 2012; and whether there is scope to align their licence conditions with those imposed through the Victims and Prisoners Act 2024 on prisoners serving an indeterminate sentence for public protection.

Answered by Lord Timpson - Minister of State (Ministry of Justice)

Section 2 of the Crime (Sentences) Act 1997 (the 1997 Act) introduced a mandatory life sentence for a second serious offence, meaning judges had to impose a life sentence on anyone convicted of a second specified serious offence, unless there were exceptional circumstances.

Although the ‘two-strike’ life sentence and the IPP sentence can be imposed for similar specified offences, unlike the IPP sentence, the ‘two-strike’ life sentence is a life sentence, and offenders will therefore be subject to licence conditions for life if they are released by the Parole Board. The recent changes to the IPP licence, which can be terminated pursuant to section 31A of the 1997 Act, would therefore not align with this life licence.

We will be launching a review of the sentencing framework. The details of this review will be announced in due course.

Found: Chancellor (except in Schedule 6). (2)S.I. 2013/435, amended by Schedule 24(5) paragraph 416 of the Sentencing

Found: Section 17(5)(b)(i) is amended by the Sentencing Act 2020 (c. 17), Schedule 24, paragraph 443(1).

Found: Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2), paragraph 224 of Schedule 24 to the Sentencing

Found: 2014/3141, 2015/1750, 2016/662, 2016/1034, 2018/1078, 2021/638 and paragraph 339 of Schedule 24 to the Sentencing

Found: are exercisable only in relation to England. (3)S.I. 2015/570; regulation 11 has been amended by the Sentencing

Found: Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2024

Found: Section 17 is amended by the Criminal Justice Act 2023 (Commencement No. 33) and Sentencing Act 2020

Found: Section 17(5)(b)(i) (enforcement) is amended by the Sentencing Act 2020 (c. 17). (3)S.I. 2020/705, amended

Found: Section 17(5)(b)(i) (enforcement) is amended by the Sentencing Act 2020 (c. 17), Schedule 24, paragraph

Found: it has passed, under section 387 of the Sentencing Act 2020(12) (failure after sentence to give agreed

Found: . 2023/713; S.I. 2023/1364; S.I. 2023/1367; S.I. 2024/218; S.I. 2024/643; S.I. 2024/695, and by the Sentencing

Found: determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing

Found: The Counter -Terrorism and Sentencing Act 2021 made further changes in relation to the sentencing of

Found: The Counter -Terrorism and Sentencing Act 2021 made further changes in relation to the sentencing of

Found: Minimum custodial sentences The Powers of Criminal Courts (Sentencing) Act 2000 introduced minimum

Found: Act 2020 (formerly in Section 28 of the Criminal Justice and Courts Act 2015) for repeat knife possession

Found: Act 2020 (formerly in Section 28 of the Criminal Justice and Courts Act 2015) whose current and previous

Found: Criminal Justice and Public Order Act 1994, section 44/47A of the Terrorism Act 2000, section 342E of the Sentencing

Found: Act 2020 (formerly in Section 28 of the Criminal Justice and Courts Act 2015) whose current and previous

Found: Act 2020 (formerly in Section 28 of the Criminal Justice and Courts Act 2015) for repeat knife possession

Found: Minimum custodial sentences The Powers of Criminal Courts (Sentencing) Act 2000 introduced minimum

Found: Magistrates Court for 1 count of Breach Sexual Harm Prevention Order on 28 /10/22 contrary to the Sentencing

Found: Mr Singleton was sentenced to : 1. 6 years imprisonment under Section 279 of the Sentencing Act 2020

Found: recommendations, the majority of which have been implemented , including via the Counter - Terrorism and Sentencing

Found: recommendations, the majority of which have been implemented, including via the Counter -T errorism and Sentencing

Found: recommendations, the majority of which have been implemented , including via the Counter - Terrorism and Sentencing

Found: recommendations, the majority of which have been implemented , including via the Counterterrorism and Sentencing

Found: recommendations, the majority of which have been implemented , including via the Counter - Terrorism and Sentencing

Found: recommendations, the majority of which have been implemented , including via the Counter -Terrorism and Sentencing

Found: (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing

Found: (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing

Found: (in cluding any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing

Found: (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing

Found: the children to society • social and economic wellbeing. 3.26 The Powers of Criminal Courts (Sentencing

Found: Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2), paragraph 224 of Schedule 24 to the Sentencing

Found: determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing