Sentencing Bill 2024-26

29A

After Clause 1, insert the following new Clause—<br> <b>“Duty to consider community order</b><br> (1) Section 203 of the Sentencing Code (restriction on making both community order and suspended sentence order) is amended as follows.<br> (2) Before subsection (1) insert—<br> “(A1) Before imposing a suspended sentence order, the court must consider whether the purposes of sentencing (see section 57), can be met by imposing a community order under section 204.”.”

<p>This amendment will ensure that community orders are considered before the imposition of a suspended sentence order.</p>

45A

After Clause 4, insert the following new Clause—<br> <b>“Purposes of imprisonment</b><br> (1) Where a court is imposing a sentence the court must have regard to the purposes of imprisonment.<br> (2) The Secretary of State must have regard to the purposes of imprisonment when exercising their duties under this Act.<br> (3) For the purposes of subsections (1) and (2) the purposes of imprisonment are—<br> (a) the incapacitation of prisoners in order to restrict their ability to re-offend in the community,<br> (b) the rehabilitation of prisoners under safe and decent conditions to reduce re-offending,<br> (c) the deterrence of prisoners and others from committing further offences, and<br> (d) the just punishment of prisoners, including provision to achieve justice for the victims of crime.”

<p>This new clause would define the purposes of imprisonment in law and require the courts and the Secretary of State to have regard to the purposes of imprisonment.</p>

93A

After Clause 19, insert the following new Clause—<br> <b>“Report on the efficacy of reforms to community sentences and suspended sentence orders</b><br> (1) The Secretary of State must, within 24 months of the day on which this Act is passed, publish and lay before Parliament a report evaluating the impact of this Act on re-offending outcomes for offenders given—<br> (a) community orders, and<br> (b) suspended sentence orders.<br> (2) The report under subsection (1) must include—<br> (a) the re-offending rates for offenders to whom subsection (1) applies,<br> (b) a comparison of those re-offending rates with the equivalent period prior to commencement of this Act, and<br> (c) an assessment of whether the provisions of this Act have resulted in a reduction in re-offending of at least 10% compared with the equivalent period prior to commencement of this Act.<br> (3) If the report under subsection (1) does not demonstrate a reduction in re-offending of at least 10% as specified in subsection (2)(c), sections 1, 2, 11, 12 and 20 of this Act shall cease to have effect at the end of the period of six months beginning with the day on which the report is laid before Parliament.”

<p>This would require the Government to report, within two years of Royal Assent, on whether the reforms to community orders and suspended sentence orders have reduced re-offending by at least 10%. If this is not achieved, the relevant provisions would cease to operate after six months of the report being laid before Parliament.</p>

93B

After Clause 19, insert the following new Clause—<br> <b>“Mandatory purposeful activity requirement for custodial sentences</b><br> (1) A court sentencing an offender to a term of imprisonment must include, as a condition of that sentence, a requirement that the offender participate in one or more of the following—<br> (a) education,<br> (b) skills training, employment or vocational programmes, or<br> (c) other purposeful activity approved by the Governor of the prison.<br> (2) For the purposes of subsection (1), “purposeful activity” includes—<br> (a) accredited educational courses,<br> (b) workplace or vocational training opportunities, and<br> (c) unpaid work or service contributing to the functioning of the prison.<br> (3) The Secretary of State must by regulations made by statutory instrument make provision ensuring that the requirement in subsection (1) applies to all custodial sentences imposed in England and Wales, beginning with the day on which this Act is passed.<br> (4) The Governor of each prison must, on an annual basis, publish a statement specifying the number and proportion of prisoners actively participating in activities under subsection (1).<br> (5) The Secretary of State must lay before Parliament an annual consolidated report on the data submitted under subsection (5).<br> (6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This amendment would require mandatory participation in education, training, work or other purposeful activity as a condition of custodial sentences and requires annual reporting on prisoner participation.</p>

94A

Clause 20, page 40, line 10, at end insert—<br> “(17) The Secretary of State may by regulations modify the provisions of this section so as to provide that no prisoner is released after serving one-third of the sentence unless they have earned such early release through their participation in purposeful activity.<br> (18) “Purposeful activity” means such activity for which the regulations under subsection (17) may provide.<br> (19) The power to make regulations under subsection (17) include powers to make—<br> (a) supplementary, incidental, transitional or saving provision;<br> (b) different provision for different purposes or areas.<br> (20) Regulations under subsection (17) are to be made by statutory instrument.<br> (21) A statutory instrument containing regulations under subsection (17) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

101A

Clause 24, page 47, line 15, at end insert—<br> “(aa) after subsection (4A) insert—<br> “(4B) The Secretary of State must not include a condition under subsection (4)(b)(ii) in a licence, either on release or subsequently, or vary or cancel any such condition included in a licence, unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).””

<p>This amendment seeks to introduce a requirement for the Parole Board to have oversight of new restriction zones which will confine offenders to specific areas in the community while on licence.</p>

110A

After Clause 26, insert the following new Clause—<br> <b>“Criteria for recall to prison</b><br> (1) Section 254 (recall of prisoners while on licence) of the Criminal Justice Act 2003 is amended as follows.<br> (2) For subsection (1) substitute—<br> “(1) The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison, only if—<br> (a) there is evidence of consistent non-compliance with licence conditions, or<br> (b) there is credible evidence of a specific and imminent risk of harm.”<br> (2) For subsection (2B) substitute—<br> “(2B) The Secretary of State may cancel a revocation under subsection (2A) if satisfied that neither of the grounds for recall set out in subsection (1) applies to the person recalled to prison.”.”

<p>This amendment gives effect to recommendation 4.3 of the Independent Sentencing Review to implement “stricter criteria and thresholds” for recall.</p>

148A

After Clause 42, insert the following new Clause—<br> <b>“Impact on community and voluntary sector: duty to report</b><br> (1) The Secretary of State must, within the period of 12 months beginning with the day on which this Act is passed, publish a report assessing—<br> (a) the impact of this Act on the community and voluntary sector, based on data collected in the period of six months beginning on the day on which this Act comes into force, and<br> (b) the capacity of that sector to deliver services in response to any increase in demand arising from this Act.<br> (2) The Secretary of State must lay the report before both Houses of Parliament.”

<p>This amendment requires the Government to publish, within 12 months of commencement, an assessment of the impact of the Act on the community and voluntary sector, drawing on data from the first six months of its operation.</p>

15

Clause 1, page 4, line 12, at end insert “,<br> <span class="wrapped">or the court is of the opinion that, having considered the basis of opinion provisions in section 77 of the Sentencing Act 2020 (basis of opinion provisions not to affect power to mitigate sentences), it should mitigate the sentence to one of a community sentence as provided for in that section.”</span>

<p>This amendment is intended to clarify that the ‘basis of opinion’ provisions in section 77 of the Sentencing Act 2020 still apply and that a court can still, where appropriate, mitigate a sentence to a community sentence.</p>

30

Clause 2, page 6, line 39, at end insert—<br> “(2B) But a suspended order is not available in relation to that sentence if the sentence is in relation to—<br> (a) any offence under the Sexual Offences Act 2003 which involves a child under 13;<br> (b) any offence of grooming or inciting a child to engage in sexual activity;<br> (c) any offence of creating, distributing or possessing indecent images of children;<br> (d) any offence of assault occasioning grievous bodily harm (GBH) or wounding with intent;<br> (e) any offence involving use or possession of a knife or other offensive weapon in the commission of a violent offence;<br> (f) any offence of stalking or harassing a victim with repeated conduct;<br> (g) any offence against a vulnerable person (including children or adults) involving serious harm or risk;<br> (h) any domestic abuse offence where the victim is a current or former partner or family member, including controlling or coercive behaviour and any offence involving violence, threats, or psychological abuse.<br> (2C) The changes made by this section to the power under sections 264 and 277 of the Sentencing Code must not come into force until the Secretary of State has consulted on, and ensured the necessary exclusion list under subsection (2B) is operational for, all offences considered to involve serious violence, sexual offences, offences against children or vulnerable persons and domestic abuse offences.”

<p>This amendment would disapply the ability of the court to suspend sentences to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.</p>

31

Clause 2, page 6, line 39, at end insert—<br> “(2B) But a suspended order is not available if the offender—<br> (a) has been convicted of three or more other offences in the 12 months leading to the most recent conviction (the “current offence”),<br> (b) has been convicted of 10 or more offences prior to the current offence,<br> (c) has been convicted of the same offence as the current offence on three or more previous occasions,<br> (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence,<br> (e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence,<br> (f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence,<br> (g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer,<br> (h) at the time of the current offence, was—<br> (i) subject to a supervision order, or<br> (ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall),<br> (i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988, or<br> (j) is being sentenced for three or more offences concurrently.”

<p>This amendment would prevent suspended sentences between 2-3 years from being passed in a range of circumstances.</p>

32

Clause 2, page 7, line 32, at end insert—<br> “(2B) But a suspended order is not available in relation to that sentence if the sentence is in relation to—<br> (a) any offence under the Sexual Offences Act 2003 which involves a child under 13;<br> (b) any offence of grooming or inciting a child to engage in sexual activity;<br> (c) any offence of creating, distributing or possessing indecent images of children;<br> (d) any offence of assault occasioning grievous bodily harm (GBH) or wounding with intent;<br> (e) any offence involving use or possession of a knife or other offensive weapon in the commission of a violent offence;<br> (f) any offence of stalking or harassing a victim with repeated conduct;<br> (g) any offence against a vulnerable person (including children or adults) involving serious harm or risk;<br> (h) any domestic abuse offence where the victim is a current or former partner or family member, including controlling or coercive behaviour and any offence involving violence, threats, or psychological abuse.<br> (2C) The changes made by this section to the power under sections 264 and 277 of the Sentencing Code shall not come into force until the Secretary of State has consulted on, and ensured the necessary exclusion list under subsection (2B) is operational for, all offences considered to involve serious violence, sexual offences, offences against children or vulnerable persons and domestic abuse offences.”

<p>This amendment would disapply the ability of the court to suspend sentences to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.</p>

33

Clause 2, page 7, line 32, at end insert—<br> “(2B) But a suspended order is not available if the offender—<br> (a) has been convicted of three or more other offences in the 12 months leading to the most recent conviction (the “current offence”),<br> (b) has been convicted of 10 or more offences prior to the current offence,<br> (c) has been convicted of the same offence as the current offence on three or more previous occasions,<br> (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence,<br> (e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence,<br> (f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence,<br> (g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer,<br> (h) at the time of the current offence, was—<br> (i) subject to a supervision order, or<br> (ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall),<br> (i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988, or<br> (j) is being sentenced for three or more offences concurrently.”

<p>This amendment would prevent suspended sentences between 2-3 years from being passed in a range of circumstances.</p>

35

After Clause 2, insert the following new Clause—<br> <b>“Mandatory engagement with rehabilitation and support services for suspended sentence offenders</b><br> (1) Where a court makes a suspended sentence order, it must include, as a condition of that order, a requirement that the offender engage in at least one of the following activities as directed by the responsible officer—<br> (a) NHS mental health or substance misuse services;<br> (b) education, training or employment support, including apprenticeships or vocational courses;<br> (c) an approved behavioural change or accredited offending behaviour programme.<br> (2) The responsible officer must monitor the offender’s compliance with a requirement imposed under subsection (1).<br> (3) A failure to comply with a requirement under subsection (1) is to be treated as a failure to comply with the suspended sentence order.”

<p>This new Clause requires a suspended sentence order to include a condition obliging the offender to engage with at least one specified rehabilitation or support activity. The responsible officer must monitor compliance, and non-compliance is treated as a breach of the order.</p>

37

Clause 3, page 10, line 11, leave out “may” and insert “must”

<p>This amendment ensures that regulations must be laid down about how the court is to determine an offender’s monthly income.</p>

38

Clause 3, page 10, line 14, leave out “170” and insert “160”

<p>This probing amendment seeks to explore how the thresholds for income reduction orders have been calculated.</p>

40

Clause 3, page 10, leave out lines 26 to 30

<p>This probing amendment seeks to question why there must be an upper limit on courts’ ability to impose income reduction orders for offenders.</p>

41

Clause 3, page 10, line 31, leave out “may” and insert “must”

<p>This amendment ensures that regulations laid down by the Secretary of State must include consideration of the factors listed in subsection (4).</p>

42

Clause 3, page 10, line 36, at end insert—<br> “(d) any prior offences committed by the offender.”

44

After Clause 3, insert the following new Clause—<br> <b>“Mandatory income reduction orders in prescribed circumstances</b><br> (1) The Secretary of State must, by regulations made by statutory instrument, specify circumstances in which a court must make an income reduction order.<br> (2) Regulations under this section must set out the conditions which trigger the statutory duty to impose an income reduction order, which must include—<br> (a) the level of the offender’s excess monthly income,<br> (b) the nature or seriousness of the offence,<br> (c) the existence of a victim entitled to compensation, and<br> (d) whether the offender is otherwise dealt with by way of a suspended sentence order.<br> (3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.<br> (4) Nothing in this section prevents the court from imposing any other sentence or order in addition to an income reduction order.”

<p>This amendment seeks to ensure that the conditions required for an income reduction order are laid out in statute.</p>

45

Clause 4, page 14, line 10, after “crime” insert “, with a view to protecting them”

<p>This amendment is intended to clarify that the purposes of sentencing specifically include the protection of victims of crime.</p>

46

Clause 6, page 15, line 16, at end insert—<br> “(3A) Sentencing guidelines must provide that domestic abuse is an aggravating factor.”

<p>This amendment would require sentencing guidelines to treat domestic abuse as an aggravating factor in sentencing.</p>

49

Clause 11, page 26, line 7, at end insert—<br> “(2) After paragraph 4(1) of Schedule 9 to the Sentencing Code insert—<br> “(1A) The minimum number of days on which the offender may be instructed to participate in activities must be specified in the relevant order.””

<p>This amendment replaces the maximum-days requirement with a minimum number of days for rehabilitation activity requirements, ensuring that there is a minimum threshold of activity that offenders must complete.</p>

50

Clause 11, page 26, line 7, at end insert—<br> “(2) After paragraph 4(1) of Schedule 9 to the Sentencing Code insert—<br> “(1A) A probation requirement imposed under a community order or suspended sentence order must specify the number of days on which the offender is to participate in activities as part of that requirement.<br> (1B) The number of days specified under paragraph (1A) must be determined by the court.””

<p>This amendment ensures that sentencing powers for activity days for offenders remains solely with the courts.</p>

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.</i>

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.</i>

52

After Clause 12, insert the following new Clause—<br> <b>“Rehabilitative programmes for offences relating to violence against women and girls</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits of creating mandatory rehabilitative programmes regarding healthy relationships for individuals sentenced for offences when the victim is a woman or girl.<br> (2) The Secretary of State must, within a year of the day on which this Act is passed, lay a copy of the assessment under this section before Parliament.”

<p>This amendment would require the Secretary of State to carry out an assessment of the potential benefits of creating mandatory rehabilitative programmes about healthy relationships for those sentenced to offences where the victim is a woman or girl.</p>

53

After Clause 12, insert the following new Clause—<br> <b>“Regulations and guidance on determination of rehabilitation activity days</b><br> (1) The Secretary of State must, by regulations made by statutory instrument, specify minimum criteria and safeguards governing how probation practitioners determine the number of rehabilitation activity days to be undertaken under a probation requirement imposed as part of a community order or suspended sentence order.<br> (2) The regulations must include provisions relating to—<br> (a) assessment of the offender’s rehabilitative needs,<br> (b) consideration of risk factors,<br> (c) transparency and record-keeping of decisions, and<br> (d) accountability and oversight to ensure consistency and fairness.<br> (3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.<br> (4) The Secretary of State must also issue guidance providing detailed criteria and operational instructions for responsible officers when determining rehabilitation activity days.<br> (5) Guidance issued under subsection (4) must include, at minimum, the following factors—<br> (a) the seriousness of the offence,<br> (b) the offender’s prior history of offences, if applicable,<br> (c) the offender’s rehabilitative needs, and<br> (d) the views of the sentencing court expressed at the time of sentence.<br> (6) Responsible officers must have regard to guidance issued under subsection (4) when determining rehabilitation activity days.<br> (7) Guidance may not be issued under subsection (4) unless a draft of the guidance has been laid before and approved by a resolution of each House of Parliament, and guidance issued under subsection (4) may not be revoked or amended unless a draft of the revised guidance has been laid before and approved by a resolution of each House of Parliament.<br> (8) Nothing in this section affects the court’s power to set the overall length of the probation requirement or any other requirements imposed as part of the order.”

54

After Clause 12, insert the following new Clause—<br> <b>“Written reasons for determination of probation requirement</b><br> (1) Where a probation requirement is imposed as part of a community order or suspended sentence order, the responsible officer must prepare written reasons explaining how the number of rehabilitation activity days to be undertaken by the offender has been determined.<br> (2) The written reasons must include—<br> (a) an explanation of how the assessment of the offender’s rehabilitative needs has informed the determination,<br> (b) reference to any risk assessment relied upon, and<br> (c) confirmation that the determination is consistent with any relevant sentencing remarks or directions of the court.<br> (3) The responsible officer must provide a copy of the written reasons to—<br> (a) the offender, and<br> (b) the sentencing court within 14 days of the sentence being imposed.<br> (4) A copy of the written reasons must be retained on the offender’s case record.<br> (5) If the responsible officer fails to provide the written reasons within the 14-day period, they must be given a further 14 days to comply, with a notification provided to their line manager.<br> (6) Further failure to comply after this period will result in action being taken by their line manager, in accordance with directions that must be issued in guidance by the Secretary of State.<br> (7) Failure by the responsible line manager to take such action does not invalidate the probation requirement.”

55

After Clause 12, insert the following new Clause—<br> <b>“Consultation on probation requirement activity days</b><br> (1) Where a probation requirement is imposed as part of a community order or suspended sentence order, the sentencing judge or magistrate must indicate, at the point of sentencing, a recommended range of rehabilitation activity days to be completed by the offender.<br> (2) Where the responsible officer proposes to set a number of rehabilitation activity days outside the range indicated by the sentencing judge or magistrate, they must consult the sentencing judge or magistrate before finalising the number of days.<br> (3) The responsible officer must record the outcome of the consultation and the reasons for the final number of rehabilitation activity days in the offender’s case record.<br> (4) The consultation in no way affects the overall length of the probation requirement or the type of sentence imposed by the court.”

56

After Clause 12, insert the following new Clause—<br> <b>“Publication of anonymised statistics on rehabilitation activity days</b><br> (1) The Secretary of State must publish on an annual basis aggregated statistics showing—<br> (a) the number of rehabilitation activity days set by probation practitioners for each type of sentence, including—<br> (i) community orders of up to 6 months,<br> (ii) community orders of more than 6 months and up to 12 months,<br> (iii) community orders of more than 12 months,<br> (iv) suspended sentence orders of up to 6 months,<br> (v) suspended sentence orders of more than 6 months and up to 12 months, and<br> (vi) suspended sentence orders of more than 12 months;<br> (b) the average number of rehabilitation activity days set within each category in paragraph (a); and<br> (c) the variation in rehabilitation activity days set across regions and local delivery units.<br> (2) The statistics must be published in a form that does not identify individual offenders.”

57

After Clause 12, insert the following new Clause—<br> <b>“Minimum number of rehabilitation activity days</b><br> (1) Where a probation requirement is imposed as part of a community order or suspended sentence order, the responsible officer may not set the number of rehabilitation activity days to be undertaken by the offender at less than one-half of the number of days recommended by the sentencing court at the time of sentence.<br> (2) In this section, “recommended by the sentencing court” means any range or indicative number of rehabilitation activity days specified by the court in sentencing remarks or in the order itself.”

58

After Clause 12, insert the following new Clause—<br> <b>“Annual report by HM Inspectorate of Probation on incomplete probation requirements</b><br> (1) HM Inspectorate of Probation must on an annual basis prepare a report on probation requirements imposed as part of community orders and suspended sentence orders that have not been completed.<br> (2) The report must include, for each of the following sentence types and broken down by region—<br> (a) the total number of probation requirements not completed relating to—<br> (i) community orders of up to 6 months,<br> (ii) community orders of more than 6 months and up to 12 months,<br> (iii) community orders of more than 12 months,<br> (iv) suspended sentence orders of up to 6 months,<br> (v) suspended sentence orders of more than 6 months and up to 12 months, and<br> (vi) suspended sentence orders of more than 12 months;<br> (b) the average number of rehabilitation activity days not completed per uncompleted probation requirement for each sentence type listed in paragraph (a).<br> (3) The Secretary of State must lay a copy of the report before both Houses of Parliament.”

59

Clause 13, page 28, line 26, at end insert—<br> “(3A) Where a court imposes a driving prohibition requirement under subsection (3) the court must be satisfied that suitable arrangements exist for the practical monitoring of compliance with the requirement.”

<p>This new clause would add a general practicability condition to the imposition of driving prohibition requirement, ensuring they may only be imposed where compliance can realistically be monitored.</p>

60

Clause 14, page 29, line 23, after “requirement” insert “if enforcement of the requirement is not reasonably practicable or”

<p>This amendment is intended to probe the enforceability of a public event attendance prohibition requirement.</p>

61

Clause 14, page 30, line 13, at end insert—<br> “(4A) Where the court makes a relevant order imposing a public event attendance prohibition requirement, the court must specify in the order that the relevant supervising authority must notify all public events within a radius of 20 miles of the offender’s home address of—<br> (a) the existence of the prohibition,<br> (b) the duration of the prohibition, and<br> (c) the date on which the prohibition comes into force.”

<p>This probing amendment seeks to explore how the public event attendance prohibition requirement can be made enforceable and practicable and on whom the responsibility for compliance falls.</p>

62

Clause 14, page 30, line 13, at end insert—<br> “(4A) Where the court makes a relevant order imposing a public event attendance prohibition requirement, the court must specify in the order that the relevant supervising authority must—<br> (a) designate the relevant officer responsible for enforcing the prohibition,<br> (b) confirm to the relevant officer the duration of the prohibition, and<br> (c) confirm to the relevant officer the date on which the prohibition comes into force.”

<p>This amendment seeks to ensure that the relevant supervising authority enforces the public event attendance prohibition requirement imposed by the court.</p>

63

Clause 14, page 30, line 13, at end insert—<br> “(4A) Where the court makes a relevant order imposing a public event attendance prohibition requirement of a particular public event, the court must specify in the order that the relevant supervising authority must notify the particular public event of—<br> (a) the existence of the prohibition,<br> (b) the duration of the prohibition, and<br> (c) the date on which the prohibition comes into force.”

<p>This amendment seeks to ensure that the relevant supervising authority notifies the relevant public event of the public event attendance prohibition requirement imposed by the court, where that order relates to a particular public event.</p>

64

Clause 14, page 30, line 13, at end insert—<br> “(4A) Where a court imposes a public event attendance requirement under subsection (4), the court must be satisfied that suitable arrangements exist for the practical monitoring of compliance with the requirement.”

<p>This amendment would add a general practicability condition to the imposition of public event attendance requirement, ensuring they may only be imposed where compliance can realistically be monitored.</p>

65

After Clause 14, insert the following new Clause—<br> <b>“Public event attendance prohibition statistics: duty to publish</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, direct His Majesty’s Prison and Probation Service to record and publish, in relation to all offenders recorded who have breached a public event attendance prohibition requirement—<br> (a) the total number of breaches;<br> (b) a breakdown of the prior or associated offence or offences for which those offenders were given a public event attendance prohibition requirement;<br> (c) the number of offenders who have breached the public event attendance prohibition requirement on more than one occasion, recorded by number of repeat breaches.<br> (2) The data recorded under subsection (1) must be compiled and published separately in respect of each of the following kinds of public event attendance prohibition requirement—<br> (a) a requirement prohibiting attendance at a specified public event,<br> (b) a requirement prohibiting attendance at public events of a specified description, and<br> (c) a requirement prohibiting attendance at any public event.<br> (3) The Secretary of State must make arrangements for the data recorded under subsection (1) to be published and laid before Parliament—<br> (a) within 12 months of the day on which this Act is passed, and<br> (b) annually thereafter.”

<p>This new clause would require HMPPS to publish the number of offenders who breach public attendance prohibition requirements and to log what their associated offences were.</p>

66

Clause 15, page 31, line 29, at end insert—<br> “(4A) Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the court must specify in the order that the relevant supervising authority must notify all licensed drinking establishments within a radius of 20 miles of the offender’s home address of—<br> (a) the existence of the prohibition,<br> (b) the duration of the prohibition, and<br> (c) the date on which the prohibition comes into force.”

<p>This probing amendment seeks to explore how the drinking establishment entry prohibition requirement can be made enforceable and practicable and on whom the responsibility for compliance falls.</p>

67

Clause 15, page 31, line 29, at end insert—<br> “(4A) Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the court must specify in the order that the relevant supervising authority must—<br> (a) designate the relevant officer responsible for enforcing the prohibition,<br> (b) confirm to the relevant officer the duration of the prohibition, and<br> (c) confirm to the relevant officer the date on which the prohibition comes into force.”

<p>This amendment seeks to ensure that the relevant supervising authority enforces the drinking establishment entry prohibition requirement imposed by the court.</p>

68

Clause 15, page 31, line 29, at end insert—<br> “(4A) Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement of a particular drinking establishment, the court must specify in the order that the relevant supervising authority must notify the particular drinking establishment of—<br> (a) the existence of the prohibition,<br> (b) the duration of the prohibition, and<br> (c) the date on which the prohibition comes into force.”

<p>This amendment seeks to ensure that the relevant supervising authority notifies the relevant drinking establishment of the drinking establishment entry prohibition requirement imposed by the court, where that order relates to a particular drinking establishment.</p>

69

Clause 15, page 31, line 29, at end insert—<br> “(4A) Where a court imposes a drinking establishment entry prohibition requirement under subsection (3) the court must be satisfied that suitable arrangements exist for the practical monitoring of compliance with the requirement.”

<p>This amendment would add a general practicability condition to the imposition of drinking establishment entry prohibition requirement, ensuring they may only be imposed where compliance can realistically be monitored.</p>

71

After Clause 15, insert the following new Clause—<br> <b>“Drinking establishment entry prohibition statistics: duty to publish</b><br> (1) The Secretary of State must, within six months of the day on which this Act is passed, direct His Majesty’s Prison and Probation Service to record and publish, in relation to all offenders recorded who have breached a drinking establishment entry prohibition requirement—<br> (a) the total number of breaches;<br> (b) a breakdown of the prior or associated offence or offences for which those offenders were given a drinking establishment entry prohibition requirement;<br> (c) the number of offenders who have breached the drinking establishment entry prohibition requirement on more than one occasion, recorded by number of repeat breaches.<br> (2) The data recorded under subsection (1) must be compiled and published separately in respect of each of the following kinds of drinking establishment entry prohibition requirement—<br> (a) a requirement prohibiting entry at a particular drinking establishment,<br> (b) a requirement prohibiting entry at a drinking establishment of a particular kind, and<br> (c) a requirement prohibiting entry at any drinking establishment.<br> (3) The Secretary of State must make arrangements for the data recorded under subsection (1) to be published and laid before Parliament—<br> (a) within 12 months of the day on which this Act is passed, and<br> (b) annually thereafter.”

<p>This new clause would require HMPPS to publish the number of offenders who breach drinking establishment entry prohibition requirements and to log what their associated offences were.</p>

72

Clause 16, page 33, line 21, at end insert—<br> “(2A) Where a court imposes a restriction zone requirement under this section, the court must be satisfied that suitable arrangements exist for the practical monitoring of compliance with the requirement.”

<p>This amendment would add a general practicability condition to the imposition of a restriction zone requirement, ensuring they may only be imposed where compliance can realistically be monitored.</p>

73

Clause 16, page 33, line 29, at end insert—<br> “(5A) Where the court makes a relevant order imposing a restriction zone requirement, the court must specify in the order that the relevant supervising authority must—<br> (a) designate the relevant officer responsible for enforcing the restriction zone requirement,<br> (b) confirm to the relevant officer the duration of the requirement, and<br> (c) confirm to the relevant officer the date on which the requirement comes into force.”

<p>This amendment seeks to ensure that the relevant supervising authority enforces the restriction requirement imposed by the court.</p>

74

Clause 16, page 33, leave out lines 39 and 40

<p>This amendment seeks to probe under what circumstances it is “inappropriate” not to impose an electronic compliance monitoring requirements outside of the conditions specified in paragraph (a).</p>

75

After Clause 16, insert the following new Clause—<br> <b>“Restriction zone requirement statistics: duty to publish</b><br> (1) The Secretary of State must, within six months of the passing of this Act, direct His Majesty’s Prison and Probation Service to record and publish, in relation to all offenders recorded who have breached restriction zone requirement—<br> (a) the total number of breaches;<br> (b) a breakdown of the prior or associated offence or offences for which those offenders were given a restriction zone requirement;<br> (c) the number of offenders who have breached the restriction zone requirement on more than one occasion, recorded by number of repeat breaches.<br> (2) The Secretary of State must make arrangements for the data recorded under subsection (1) to be published and laid before Parliament—<br> (a) within 12 months of the day on which this Act is passed, and<br> (b) annually thereafter.”

<p>This new clause would require HMPPS to publish the number of offenders who breach restriction zone requirements and to log what their associated offences were.</p>

76

After Clause 16, insert the following new Clause—<br> <b>“Electronic monitoring: practicability of enforcing restriction zone requirements</b><br> The Secretary of State must lay before Parliament a report on the practicability and reliability of using electronic monitoring to enforce restriction zone requirements, including—<br> (a) the availability and accuracy of location-tracking technology in urban, rural and indoor environments;<br> (b) the capacity of probation services to monitor compliance;<br> (c) arrangements for responding to alerts and suspected breaches;<br> (d) the rates of false alerts generated by existing GPS monitoring systems.”

<p>This probing amendment would require the Government to set out how electronic monitoring will operate in practice for restriction zone requirements and whether the technology is sufficiently reliable.</p>

93

After Clause 19, insert the following new Clause—<br> <b>“Crown Court sitting days for the delivery of sentencing</b><br> (1) The Secretary of State must, within a year of the day on which this Act is passed, undertake an assessment of the potential merits of removing the cap on sittings day in the Crown Court in so far as it limits the days available for sentencing hearings.<br> (2) The Secretary of State must lay a copy of the assessment made under subsection (1) before Parliament.”

<p>This new clause would require the Secretary of State to undertake an assessment of the potential merits of removing the cap on sitting days in the Crown Court in so far as it applies to sentencing hearings.</p>

95

After Clause 22, insert the following new Clause—<br> <b>“Provision to refer to the Parole Board a prisoner serving a determinate sentence</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 244ZA (release on licence of certain violent or sexual offenders), after subsection (3) insert—<br> “(3A) The Secretary of State may refer the case of any prisoner to whom this section applies to the Board at any time after the prisoner has served one half of the full sentence (as calculated with reference to all relevant provisions in this part determining how a custodial term is calculated) if the Secretary of State is of the view that there is a reasonable prospect that the Board would direct release.<br> (3B) Where the Secretary of State has referred the case of a prisoner in accordance with subsection (3A), it is the duty of the Secretary of State to release the prisoner on licence under this section as soon as the Board has directed the prisoner’s release under this section.<br> (3C) The Board must not give a direction under subsection (3B) unless—<br> (a) the Secretary of State has referred the prisoner’s case to the Board, and<br> (b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.””

<p>This amendment gives effect to the intention of the Independent Review on Sentencing’s recommendation that a form of earned progression should apply to those serving Determinate Sentences at the half-way point of the sentence rather than them merely being automatically released at two-thirds with no incentive to reform. To reflect the serious nature of the offence(s), the Secretary of State would be empowered to exercise his or her discretion to refer the case to the Parole Board early on grounds of progression, rather than compliance.</p>

97

Clause 24, page 46, line 37, leave out “(7)” and insert “(7B)”

100

Clause 24, page 47, line 15, at end insert—<br> “(v) after sub-paragraph (di) (inserted by sub-paragraph (iv) above), insert—<br> “(ei) a gambling premises entry prohibition condition (see section 250E),”;<br> (vi) after sub-paragraph (ei) (inserted by sub-paragraph (v) above), insert—<br> “(fi) a gambling treatment condition (see section 250F),”.”

101

Clause 24, page 47, line 15, at end insert—<br> “(aa) after subsection (4A) insert—<br> “(4B) In exercising any power under subsection (4)(b), the Secretary of State must have regard to any representations made by the offender.”;”

<p>This amendment introduces a right for those being made subject to licence conditions to make representations as to their necessity and proportionality.</p>

102

Clause 24, page 48, line 8, at end insert—<br> “(3A) Where the court makes a relevant order imposing a public event attendance prohibition requirement, the court must specify in the order that the relevant supervising authority must notify all public events within a radius of 20 miles of the offender’s home address of—<br> (a) the existence of the prohibition,<br> (b) the duration of the prohibition, and<br> (c) the date on which the prohibition comes into force.”

<p>This probing amendment seeks to explore how the public event attendance prohibition requirement can be made enforceable and practicable and on whom the responsibility for compliance falls.</p>

104

Clause 24, page 48, line 23, at end insert—<br> “(3A) Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the court must specify in the order that the relevant supervising authority must notify all licensed drinking establishments within a radius of 20 miles of the offender’s home address of—<br> (a) the existence of the prohibition,<br> (b) the duration of the prohibition, and<br> (c) the date on which the prohibition comes into force.”

<p>This probing amendment seeks to explore how the drinking establishment entry prohibition requirement can be made enforceable and practicable and on whom the responsibility for compliance falls.</p>

106

Clause 24, page 49, line 9, at end insert—<br> “(4) The court may provide for exemptions in a restriction zone condition to allow a person to attend employment, education or a rehabilitation programme.<br> (5) A probation officer may vary a restriction zone condition imposed by the court to allow a person to attend employment, education or a rehabilitation programme.<br> (6) The Secretary of State must lay before Parliament, each year, a report on—<br> (a) the number of people subject to a restriction zone condition,<br> (b) the number of cases where a restriction zone condition has included an exemption or modification to allow a person to attend employment, education or a rehabilitation programme, and<br> (c) evidence on the effects of restriction zone conditions on re-offending and rehabilitation.”

<p>This amendment would allow for exemptions to restriction zone conditions, and require an annual report on their use and effectiveness.</p>

108

Clause 24, page 49, line 9, at end insert—<br> “(7A) After section 250D (inserted by subsection (7)) insert—<br> <b>“250E</b> <b>Gambling premises entry prohibition condition</b><br> (1) A gambling premises entry prohibition condition is a condition prohibiting a person from entering gambling premises.<br> (2) A gambling premises entry prohibition condition may prohibit a person from entering gambling premises at any time or at times specified in the condition.<br> (3) A gambling premises entry prohibition condition may prohibit a person from entering—<br> (a) particular gambling premises,<br> (b) gambling premises of a particular kind,<br> (c) gambling premises in a particular area or areas, or<br> (d) any gambling premises.<br> (4) In this section “gambling premises” means premises used for any of the activities specified in section 150(1) (a) to (e) of the Gambling Act 2005.”<br> (7B) After section 250E (inserted by subsection (7A)) insert—<br> <b>“250F</b> <b>Gambling treatment condition</b><br> (1) A gambling treatment condition is a condition that during a specified period or specified periods a person must submit to gambling treatment, which may be—<br> (a) resident treatment,<br> (b) institution-based treatment, or<br> (c) practitioner-based treatment.<br> (2) In this section—<br> “gambling treatment” means treatment which is—<br> (a) by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and<br> (b) with a view to reducing or eliminating the gambling addiction of the person who is the subject of the condition;<br> “resident treatment” means treatment as a resident in an institution or place;<br> “institution-based treatment” means treatment as a non-resident at an institution or place;<br> “practitioner-based treatment” means treatment by or under the direction of the treatment director.<br> (3) For each treatment period, the condition must specify—<br> (a) the treatment director;<br> (b) whether the gambling treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;<br> (c) if it is to be resident treatment, the institution or place where it is to be provided;<br> (d) if it is to be institution-based treatment—<br> (i) the institution or place where it is to be provided, and<br> (ii) the intervals at which it is to be provided;<br> <span class="wrapped">but must not otherwise specify the nature of the treatment.””</span>

110

After Clause 25, insert the following new Clause—<br> <b>“Gambling treatment requirement</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In section 201 (community order requirements table), in the table, after the entry relating to the alcohol abstinence and monitoring requirement, insert—<br> “<table class="no-borders tableleft width-100" cols="3"><tbody class="left"><tr><td><p>gambling treatment requirement</p></td><td><p>Part 12A</p></td><td><p>section 207(2A)</p></td></tr></tbody></table>”.<br> (3) In section 207 (community order: availability of particular requirements), after subsection (2) relating to the alcohol abstinence and monitoring requirement, insert—<br> <i class="text-centre">“Gambling treatment requirement</i><br> (2A) A gambling treatment requirement is not an available requirement if the offence was committed before the day on which subsection (3) of section (<i>Gambling treatment requirement</i>) of the Sentencing Act 2025 came into force.”<br> (4) In section 287 (suspended sentence order: community requirements table), in the table, after the entry relating to the alcohol abstinence and monitoring requirement, insert—<br> “<table class="no-borders tableleft width-100" cols="3"><tbody class="left"><tr><td><p>gambling treatment requirement</p></td><td><p>Part 12A</p></td><td><p>section 291(2A)</p></td></tr></tbody></table>”.<br> (5) In section 291 (suspended sentence order: availability of particular requirements), after subsection (2) insert—<br> <i class="text-centre">“Gambling treatment requirement</i><br> (2A) A gambling treatment requirement is not an available requirement if the offence was committed before the day on which subsection (5) of section (<i>Gambling treatment requirement</i>) of the Sentencing Act 2025 came into force.”<br> (6) In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 12 insert—<br> “Part 12A<br> <b>Gambling treatment requirement</b><br> 26A <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">In this Code “gambling treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to gambling treatment, which may be—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">resident treatment,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">institution-based treatment, or</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">practitioner-based treatment.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In this paragraph—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">“gambling treatment” in relation to an offender, means treatment which is—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">with a view to reducing or eliminating the offender’s gambling addiction;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">“resident treatment” means treatment as a resident in an institution or place;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">“institution-based treatment” means treatment as a non-resident at an institution or place;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">“practitioner-based treatment” means treatment by or under the direction of the treatment director.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Sub-paragraphs (4) and (5) apply to a relevant order which imposes a gambling treatment requirement.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The order may specify separate periods comprising the period specified under sub-paragraph (1).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">For each treatment period, the order must specify—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the treatment director;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">whether the gambling treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">if it is to be resident treatment, the institution or place where it is to be provided;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">if it is to be institution-based treatment—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">the institution or place where it is to be provided, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">the intervals at which it is to be provided;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num"></span><span class="sub-para-text">but must not otherwise specify the nature of the treatment.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In sub-paragraph (5), “treatment period” means—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">if the order specifies separate periods under sub-paragraph (4), any of those periods;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">otherwise, the period specified under sub-paragraph (1).””</span></span>

125

After Clause 36, insert the following new Clause—<br> <b>“Minimum completion of rehabilitation activity days before early termination of community orders</b><br> (1) A community order may not be brought to an early termination under section 36 unless the offender has completed at least a specified proportion of the rehabilitation activity days agreed under the probation requirement.<br> (2) The proportion required under subsection (1) must be specified in guidance issued by the Secretary of State.”

126

After Clause 37, insert the following new Clause—<br> <b>“Minimum completion of rehabilitation activity days before early termination of suspended sentence orders</b><br> (1) A suspended sentence order may not be brought to an early termination under section 37 unless the offender has completed at least a specified proportion of the rehabilitation activity days agreed under the probation requirement.<br> (2) The proportion required under subsection (1) must be specified in guidance issued by the Secretary of State.”

128

After Clause 38, insert the following new Clause—<br> <b>“Power to refer to the Parole Board a prisoner serving an Extended Determinate Sentence of detention</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 246A (release on licence of prisoners serving extended sentence under section 254, 266 or 279 of the Sentencing Code etc)—<br> (a) after subsection (4) insert—<br> “(4A) The Secretary of State may refer P's case to the Board at any time after P has served one half of the appropriate custodial term if the Secretary of State is of the view that there is a reasonable prospect that the Board would direct release.”;<br> (b) in subsection (5)(a) after “period” insert “or, where the Secretary of State has made a reference under subsection (4A), P has served half of the appropriate custodial period,”.”

141

After Clause 41 insert the following new Clause—<br> <b>“Suspension of driving licences during bail for driving related offences</b><br> (1) This section applies where an individual has been granted bail in respect of one of the following offences—<br> (a) an offence under section 1, 1A, 2B, 2C, 3ZB, 3ZC, 3ZD or 3A of the Road Traffic Act 1988;<br> (b) an offence under section 4, 5 or 5A of the Road Traffic 1998.<br> (2) The court may, as a condition of bail, suspend the driving licence of the individual, pending the outcome of any criminal proceedings.”

<p>This new clause would allow the court to suspend the driving licence of an individual charged for certain driving offences, pending the outcome of the trial.</p>

148

After Clause 42, insert the following new Clause—<br> <b>“Women’s Justice Board: annual report</b><br> The Secretary of State must lay a report annually before Parliament reporting on the work of the Women’s Justice Board including in particular actions taken in response to its recommendations.”

<p>This amendment requires the Secretary of State to lay an annual report before Parliament on the work of the Women’s Justice Board.</p>

153

Clause 46, page 77, line 3, at end insert—<br> “(4A) The Secretary of State must, before laying regulations commencing section 24(4), undertake an assessment of the potential effects of a driving prohibition condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (4B) The Secretary of State must lay before Parliament a report of the assessment carried out under subsection (4A) including relevant recommendations on—<br> (a) offender rehabilitation,<br> (b) offender reintegration, and<br> (c) any other matters that the Secretary deems appropriate.”

<p>This amendment would require the Secretary of State, before commencing the driving prohibition provisions in the Bill, to publish a report on their potential effects on the ability of ex-offenders to attend employment, education and rehabilitation providers.</p>

154

Clause 46, page 77, line 3, at end insert—<br> “(4A) The Secretary of State must, before laying regulations commencing section 24(7), undertake and publish an assessment of the potential effects of a restriction zone condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.”

<p>This amendment would require the Secretary of State, before implementing the relevant provisions, to assess the potential effects of a restriction zone condition on an ex-offender’s ability to attend education, employment or a rehabilitation programme.</p>

155

Clause 46, page 77, line 3, at end insert—<br> “(4A) Section 16 may not be brought into effect until the day on which the report required by section (<i>Electronic monitoring: practicability of enforcing restriction zone requirements</i>) is laid before Parliament.”

19

After Clause 1, insert the following new Clause-"No presumption of suspended sentence The presumption of a suspended sentence will not apply if the offence, or an associated offence, either involves possession of or threatening with an article with a blade or point or an offensive weapon.”

Clause 3, page 10, line 9, after “amounts” insert “and allowing provision for items determined by the court in accordance with section 161B”

<p>This amendment, and the amendment to page 10, line 25, is intended to ensure the court can take into account each offender’s situation as a whole and in particular not to reduce the offender’s income so that employment, training and housing cannot be accessed.</p>

Clause 3, page 10, line 25, at end insert—<br> “(1A) Provision made by virtue of subsection (1) must include provision for the court to take into account all matters relevant to prevent the offender reoffending including—<br> (a) the ability of the offender to take up employment;<br> (b) the ability of the offender to take up training;<br> (c) the offender’s housing.”

<p>This amendment, and the amendment to page 10, line 9, is intended to ensure the court can take into account each offender’s situation as a whole and in particular not to reduce the offender’s income so that employment, training and housing cannot be accessed.</p>

After Clause 3, insert the following new Clause—<br> <b>“Use of funds raised through income reduction orders</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits and costs of directing the funds raised from income reduction orders into a fund that provides support for victims.<br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under subsection (1) before Parliament.”

<p>This new clause would require the Secretary of State to undertake an assessment of the potential benefits of using the monies raised through income reduction orders to fund support for victims.</p>

After Clause 17, insert the following new Clause—<br> <b>“Dependent support orders upon sentencing</b><br> (1) A court sentencing an offender must inquire whether that offender has dependents who rely on them for financial or other material support, and if so the court shall, at the time of sentencing, inquire into the circumstances and reasonable needs of those dependents.<br> (2) In addition to any sentence imposed, the court may make an order requiring the offender to make periodic payments or other contributions towards the maintenance and welfare of their dependents (“dependent support order”).<br> (3) The amount, frequency, and method of payment made under subsection (2) shall be determined by the court having regard to—<br> (a) the offender’s financial means, earning capacity, and assets,<br> (b) the reasonable living costs and needs of the dependents, and<br> (c) any other relevant circumstances.<br> (4) The court may direct that payments be made—<br> (a) through a designated collection authority, or<br> (b) directly to the dependent’s guardian, caregiver, or other appointed representative.<br> (5) An order made under this section shall remain in effect—<br> (a) for such time as specified by the court, or<br> (b) until it is varied or discharged by the court on application by any interested party.<br> (6) A failure to comply with an order made under this section shall constitute a breach of the requirements of the sentence.”

<p>This new clause would create a power for a sentencing court to require an offender to make periodic payments or other contributions towards the maintenance and welfare of their dependents.</p>

Clause 19, page 36, line 28, leave out “if such consent is given” and insert “unless both fail to consent”

<p>This amendment and others in the name of Lord Burnett of Maldon to Clause 19 seek to (1) remove the proposed veto of either the Lord Chancellor of the Lord Chief Justice acting alone of the publication of new or amended guidelines, and (2) enable the Sentencing Council to publish guidelines unless both do consent.</p>

Clause 19, page 36, line 33, leave out “if such consent is given” and insert “unless both fail to consent”

<p>This amendment and others in the name of Lord Burnett of Maldon to Clause 19 seek to (1) remove the proposed veto of either the Lord Chancellor of the Lord Chief Justice acting alone of the publication of new or amended guidelines, and (2) enable the Sentencing Council to publish guidelines unless both do consent.</p>

Clause 19, page 37, line 5, leave out “if such consent is given” and insert “unless both fail to consent”

<p>This amendment and others in the name of Lord Burnett of Maldon to Clause 19 seek to (1) remove the proposed veto of either the Lord Chancellor of the Lord Chief Justice acting alone of the publication of new or amended guidelines, and (2) enable the Sentencing Council to publish guidelines unless both do consent.</p>

After Clause 19, insert the following new Clause—<br> <b>“Independent advisory panel on sentencing and reducing reoffending</b><br> (1) There is to be an independent advisory panel on sentencing and reducing reoffending.<br> (2) The purpose of the panel is to facilitate greater scrutiny of the impacts of policy and legislation on prison and probation resources, helping to encourage a more sustainable criminal justice system in the long term.<br> (3) The panel is to act as an authority on what works to reducing rates of reoffending, including but not limited to—<br> (a) championing and promoting the most authoritative evidence on what works to reduce and prevent reoffending;<br> (b) producing advice on the most effective methods to reduce reoffending drawing upon evidence from national data, international contexts and expertise within the sector;<br> (c) championing best practice examples of technological interventions to reduce reoffending, with consideration of the risks or ethical implications of using such technology.<br> (4) The panel must, as soon as practicable after the end of each financial year, report to the Lord Chancellor on its work during the year.<br> (5) The report specified in subsection (4) must include but is not limited to—<br> (a) a longer-term assessment of the cumulative impact of government policy and legislation on sentencing and prison and probation capacity;<br> (b) an assessment of the effectiveness of the government’s overall reducing reoffending strategy.<br> (6) The Lord Chancellor must lay a copy of the report before Parliament and place copies in the Library of both Houses.<br> (7) The panel must publish the report once a copy has been so laid.<br> (8) The panel is to consist of at least 8 members appointed by the Lord Chancellor.<br> (9) The Lord Chancellor must appoint a chair of the panel.<br> (10) In exercising his or her responsibilities under subsection (9), the Lord Chancellor must seek approval for his or her choice of chair from the Justice Committee in the House of Commons.<br> (11) A person is eligible to be a member of the advisory panel if the person appears to the Lord Chancellor to have experience in one or more of the following areas—<br> (a) judiciary;<br> (b) criminal defence or prosecution;<br> (c) sentencing policy and the administration of justice;<br> (d) prisons and probation;<br> (e) psychology and psychiatry;<br> (f) academic study or research relating to criminal law or criminology;<br> (g) independent inspection and scrutiny of the criminal justice system;<br> (h) the investigation of complaints;<br> (i) the welfare of prisoners;<br> (i) criminal justice reform and rehabilitation charities.<br> (12) The Lord Chancellor may by order make provision for—<br> (a) The term of office, resignation, and reappointment of panel members,<br> (b) The renumeration of panel members, and<br> (c) The budget of the panel.<br> (13) For the purposes of this section—<br> (a) “legislation” means—<br> (i) an Act of Parliament if, or to the extent that, it extends to England and Wales;<br> (ii) subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;<br> (iii) a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act;<br> (b) “policy” means—<br> (i) policy of the UK government;<br> (ii) policy of the Welsh ministers.”

<p>This new clause, along with others from Lord Marks to after Clause 19, would introduce an independent panel on sentencing and reducing reoffending, implementing recommendation 9.1 of the independent sentencing review.</p>

After Clause 19, insert the following new Clause—<br> <b>“Independent advisory panel on sentencing and reducing reoffending: duty to refer</b><br> (1) The Lord Chancellor must refer to the panel any government policy proposal, or government proposal for legislation, which the Lord Chancellor considers may have a significant effect on one or more of the following—<br> (a) the resources required for the provision of prison places;<br> (b) the resources required for probation provision;<br> (c) the resources required for the provision of youth justice services.<br> (2) For the purposes of subsection (1)—<br> (a) “government policy proposal” includes a policy proposal of the Welsh Ministers;<br> (b) “government proposal for legislation” includes a proposal of the Welsh Ministers for legislation.<br> (3) The panel must assess the likely effect of the proposal on the matters mentioned in paragraphs (a) to (c) of subsection (1).<br> (4) The panel must also assess the extent to which the proposal—<br> (a) represents value for money, and<br> (b) is likely reduce rates of reoffending.<br> (5) The panel must prepare a report of the assessment and send the report—<br> (a) to the Lord Chancellor, and<br> (b) if the report relates to a proposal of the Welsh Ministers, to the Welsh Ministers.<br> (6) A single report may be prepared of the assessments relating to 2 or more proposals.<br> (7) If the Lord Chancellor receives a report under subsection (5) the Lord Chancellor must, unless it relates only to a proposal of the Welsh Ministers, respond to the report.<br> (8) The Lord Chancellor’s response must include but is not limited to—<br> (a) an assessment of whether the Lord Chancellor agrees or disagrees with the advice of the panel;<br> (b) an indication of whether or not the government intends to implement the proposal.<br> (9) The Lord Chancellor must send a copy of the response to the chair of the panel within three months of receiving a report.<br> (10) The Lord Chancellor must lay a copy of the panel’s report and the Lord Chancellor’s response before both Houses of Parliament.<br> (11) If the Welsh Ministers receive a report under subsection (5) they must respond to the report.<br> (12) The Welsh Ministers’ response must include but is not limited to—<br> (a) an assessment of whether the Welsh Ministers agree or disagree with the advice of the panel;<br> (b) an indication of whether or not the Welsh Ministers intend to implement the proposal.<br> (13) The Welsh Ministers must send a copy of the response to the chair of the panel within three months of receiving a report.<br> (14) The Welsh Ministers must lay a copy of the panel’s report and the Welsh Ministers’ response before the National Assembly for Wales.<br> (15) The panel must publish a report and response which has been laid in accordance with subsections (10) and (14).<br> (16) In this section “legislation” means—<br> (a) an Act of Parliament if, or to the extent that, it extends to England and Wales;<br> (b) subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;<br> (c) a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act.”

<p>This new clause, along with others from Lord Marks to after Clause 19, would introduce an independent panel on sentencing and reducing reoffending, implementing recommendation 9.1 of the independent sentencing review.</p>

After Clause 19, insert the following new Clause—<br> <b>“Independent advisory panel on sentencing and reducing reoffending: consequential amendments</b><br> (1) The Coroners and Justice Act 2009 is amended as follows.<br> (2) In section 120, after subsection (11)(f) insert—<br> “(g) any relevant advice from the independent advisory panel on sentencing and reducing reoffending.”.”

<p>This new clause, along with others from Lord Marks to after Clause 19, would introduce an independent panel on sentencing and reducing reoffending, implementing recommendation 9.1 of the independent sentencing review.</p>

Clause 29, page 55, line 16, at beginning insert “Subject to section (<i>Exclusion from automatic release following fixed-term recall for specified serious offences</i>),”

<p>This is connected to Lord Marks’ amendment to after Clause 29, and his amendments to page 55, line 26 and page 55, line 30. Together they ensure that there is flexibility in the number of days a prisoner may be recalled for in relation to less serious offences, while also ensuring that those who had committed certain serious offences are not eligible for automatic release following a fixed term recall.</p>

Clause 29, page 55, line 26, after “of” insert “a maximum of”

<p>This is connected to Lord Marks’ amendment to after Clause 29, and his amendments to page 55, line 16 and page 55, line 30. Together they ensure that there is flexibility in the number of days a prisoner may be recalled for in relation to less serious offences, while also ensuring that those who had committed certain serious offences are not eligible for automatic release following a fixed term recall.</p>

Clause 29, page 55, line 30, after “of” insert “a maximum of”

<p>This is connected to Lord Marks’ amendment to after Clause 29, and his amendments to page 55, line 16 and page 55, line 26. Together they ensure that there is flexibility in the number of days a prisoner may be recalled for in relation to less serious offences, while also ensuring that those who had committed certain serious offences are not eligible for automatic release following a fixed term recall.</p>

After Clause 29, insert the following new Clause—<br> <b>“Digital systems for tracking offender progress</b><br> (1) The Secretary of State must, within one year of the passing of this Act, undertake an assessment of the benefits and costs of implementing a digital sentence management system for prisoners and individuals who are subject to supervision by the probation service.<br> (2) The assessment must consider the following potential functions of a sentence management system—<br> (a) tracking offender progress,<br> (b) providing for the sharing of information between the courts, probation service, and other relevant agencies, subject to the UK General Data Protection Regulation and the Data Protection Act 2018,<br> (c) monitoring compliance with rehabilitation programmes, and<br> (d) any other functions that the Secretary of State deems appropriate.”

<p>This new clause would require the Secretary of State to undertake an assessment of implementing a digital sentence management system for prisoners and individuals subject to supervision by the probation service.</p>

After Clause 30, insert the following new Clause—<br> <b>“Exclusion from automatic release following fixed-term recall for specified serious offences</b><br> (1) An offender shall not be eligible for automatic release following a fixed-term recall where they have been convicted of any of the following offences—<br> (a) rape,<br> (b) assault by penetration,<br> (c) rape of a child under 13,<br> (d) assault of a child under 13 by penetration,<br> (e) inciting a child under 13 to engage in sexual activity,<br> (f) paying for the sexual services of a child aged under 13,<br> (g) kidnapping or false imprisonment with the intention of committing a sexual offence,<br> (h) creating or possessing indecent photographs or pseudo-photographs of children,<br> (i) grievous bodily harm (under section 18 or section 20 of the Offences Against the Person Act 1861),<br> (j) grooming (under section 15 of the Sexual Offences Act 2003),<br> (k) stalking (under section 2A or 4A of the Protection from Harassment Act 1997),<br> (l) causing or allowing the death of a vulnerable child or adult (under section 5 of the Domestic Violence, Crime and Victims Act 2004), or<br> (m) causing death by dangerous driving (under section 1 of the Road Traffic Act 1988).<br> (2) For the purposes of this section, a person shall also be ineligible for release following a fixed-term recall if they have been convicted of an attempt, conspiracy, or incitement to commit any of the offences listed in subsection (1).<br> (3) The Secretary of State may by regulations add or remove offences from the list in subsection (1).”

<p>This new clause would mean offenders who had committed certain serious offences would not be eligible for automatic release following a fixed term recall. It is connected to Lord Marks’ amendments to Clause 29, page 55, line 16; page 55, line 26; and page 55, line 30.</p>

After Clause 31, insert the following new Clause—<br> <b>“Powers of the probation service to impose and vary conditions of supervision</b><br> (1) Where an offender is—<br> (a) subject to a community order, a suspended sentence order, or a period of probation supervision, and<br> (b) required to reside at a specified address as a condition of that order or supervision,<br> <span class="wrapped">the Probation Service may, in accordance with this section, direct that the offender reside at an alternative address.</span><br> (2) A direction under subsection (1) may be given where—<br> (a) it is necessary to protect another person (including a partner, former partner, or family member) from risk of harm,<br> (b) it is necessary for the effective management or rehabilitation of the offender, or<br> (c) it is otherwise in the interests of justice.<br> (3) Where the probation service has made a direction under subsection (1), it may recommend or determine other terms of supervision, including—<br> (a) restrictions on contact or association with specified individuals,<br> (b) requirements relating to participation in programmes addressing offending behaviour, or<br> (c) curfew or exclusion requirements, subject to approval by the sentencing court.<br> (4) Where a direction or variation made under this section materially alters the conditions imposed by the sentencing court, the probation service must—<br> (a) notify the court and the offender as soon as possible, and<br> (b) seek approval by the sentencing court of the varied terms within 14 days, and in the absence of such approval the variation of the terms will not be effective.<br> (5) Any direction or variation made under this section shall not have effect as if imposed by the sentencing court, until it has been approved by the court.<br> (6) In this section, “the probation service” includes any person or body authorised to supervise offenders under the Offender Management Act 2007.”

<p>This new clause would give the probation service the power to change the residence requirement of an individual subject to supervision in certain circumstances, and to make other changes to the terms of supervision, subject to confirmation by the sentencing court.</p>

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.</i>

After Clause 40, insert the following new Clause—<br> <b>“Review of sentence following a change in law</b><br> (1) Where a person is serving or subject to a sentence imposed for an offence, and—<br> (a) the offence has been abolished, or<br> (b) there has been a change in the law which materially alters the sentence that would be imposed for the same offence following that change in the law,<br> <span class="wrapped">that person may apply to the sentencing court, or to such other court as may be prescribed, for a review of the sentence.</span><br> (2) On such an application, the court may—<br> (a) quash the sentence and resentence the person in accordance with the law as so changed, or<br> (b) make such other order as necessary in the interests of justice.<br> (3) The Secretary of State may by regulations make provision for the procedure and eligibility criteria for applications under this section.”

<p>This new clause would allow a person still serving a sentence under a law that has changed to seek review or resentencing in line with the existing law.</p>

After Clause 40, insert the following new Clause—<br> <b>“Review of the impact of a change in the law on unspent convictions</b><br> (1) The Secretary of State must, within 12 months of the passing of this Act, lay before Parliament a report reviewing—<br> (a) the effect of changes in the criminal law, whether legislative or judicial, on those serving sentences for offences that would attract a different sentence following the subsequent changes to the criminal law (altered sentences), and<br> (b) the adequacy of existing mechanisms for addressing any perceived injustice arising from such changes.<br> (2) The Secretary of State must thereafter lay a further report under subsection (1) every three years.<br> (3) A report made under this section must include—<br> (a) recommendations for legislative or administrative steps to prevent any instances of injustice arising from changes in the law, and<br> (b) data on the number of persons serving such altered and, of those, the number who remain imprisoned.”

<p>This new clause would create a statutory duty for the Government to review, on a recurring basis, how changes to the law affect those already convicted or sentenced.</p>

After Clause 42, insert the following new Clause—<br> <b>“Remand: access to rehabilitation programmes and education</b><br> (1) Where an individual is held in custodial remand pending sentencing, the prison and probation services must provide access to the same or equivalent rehabilitative programmes that are available to prisoners after sentencing.<br> (2) Where an individual is held in custodial remand pending trial, the prison and probation services must provide access to the same or equivalent—<br> (a) education,<br> (b) therapy,<br> (c) addiction support and gambling disorder support, and<br> (d) any other support that the probation service deems appropriate, that is available to prisoners after sentencing.”

<p>This new clause would allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support.</p>

After Clause 2, insert the following new Clause—<br> <b>“Restriction on the making of suspended sentence orders for specified offences</b><br> (1) The Sentencing Code is amended as follows.<br> (2) After section 308 (the assessment of dangerousness), insert—<br> <b>“308A</b> <b>Restriction on the making of suspended sentence orders</b><br> A court must not make a suspended sentence order for—<br> (a) serious terrorism offences,<br> (b) specified violent offences,<br> (c) specified sexual offences, or<br> (d) specified terrorism offences.”.”

<p>In recognition of the seriousness of these offences within the Act, this new clause would prohibit the use of suspended sentence orders for these offences.</p>

After Clause 15, insert the following new Clause—<br> <b>“Gambling premises entry prohibition requirement</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In section 201 (community order requirements table), in the table, after the entry relating to the restriction zone requirement (inserted by section 16(2)), insert—<br> “<table class="no-borders tableleft width-100" cols="3"><tbody class="left"><tr><td><p>gambling premises entry prohibition requirement</p></td><td><p>Part 4E</p></td><td><p>section 207(E1)</p></td></tr></tbody></table>”.<br> (3) In section 207 (availability of community order requirements), after subsection (D1) (inserted by section 16(3)) insert—<br> <i class="text-centre">“Gambling premises entry prohibition requirement</i><br> (E1) A gambling premises entry prohibition requirement is not an available requirement if the offence was committed before the day on which subsection (3) of section (Gambling premises entry prohibition requirement) of the Sentencing Act 2025 came into force.”.<br> (4) In section 287 (community requirements table), in the table, after the entry relating to the restriction zone requirement (inserted by section 16(5)), insert—<br> “<table class="no-borders tableleft width-100" cols="3"><tbody class="left"><tr><td><p>gambling premises entry prohibition requirement</p></td><td><p>Part 4E</p></td><td><p>section 291(E1)</p></td></tr></tbody></table>”.<br> (5) In section 291 (availability of community requirements), after subsection (D1) (inserted by section 16(6)) insert—<br> <i class="text-centre">“Gambling premises entry prohibition requirement</i><br> (E1) A gambling premises entry prohibition requirement is not an available requirement if the offence was committed before the day on which subsection (5) of section (<i>Gambling premises entry prohibition requirement</i>) of the Sentencing Act 2025 came into force.”<br> (6) In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4D (inserted by section 16(8)(a)) insert—<br> “Part 4E<br> <b>Gambling premises entry prohibition requirement</b><br> 8E <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">In this Code “gambling premises entry prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from entering gambling premises.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">A gambling premises entry prohibition requirement may prohibit the offender from entering gambling premises at any time in a particular period or at particular times in a particular period.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">A gambling premises entry prohibition requirement may prohibit the offender from entering—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">particular gambling premises,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">gambling premises of a particular kind,</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">gambling premises in a particular area or areas, or</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">any gambling premises.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Where the court makes a relevant order imposing a gambling premises entry prohibition requirement, the following must be specified in the order—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the period for which the requirement has effect;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">if the order prohibits the offender from entering gambling premises at particular times, those times;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">if the order prohibits the offender from entering particular gambling premises, those premises;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">if the order prohibits the offender from entering gambling premises of a particular kind, that kind of gambling premises;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">if the order prohibits the offender from entering gambling premises in a particular area or areas, the limits of that area or those areas.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In this paragraph “gambling premises” means premises used for any of the activities specified in section 150(1) (a) to (e) of the Gambling Act 2005.”.”</span></span>

After Clause 17, insert the following Clause—<br> <b>“Unpaid work requirements: community work</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 3 of Part 1 of Schedule 9 (restriction on imposing unpaid work requirement), after sub-paragraph (1)(b), insert—<br> “(c) that the unpaid work is work undertaken for a non-profit organisation, social enterprise, voluntary organisation or local authority.”.”

<p>This new clause would prohibit private sector involvement in unpaid work as part of a community sentence.</p>

After Clause 17, insert the following new Clause—<br> <b>“Sentencing Code and gambling treatment requirement</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In section 201 (community order requirements table), after the entry in the table relating to the alcohol abstinence and monitoring requirement, insert “gambling treatment requirement Part 12A”.<br> (3) In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 12 insert—<br> “Part 12A<br> <b>Gambling treatment requirement</b><br> <span class="sub-para subsection"><span class="sub-para-num">(1)</span><span class="sub-para-text">In this Code “gambling treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must seek gambling addiction treatment through the National Health Service.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In this paragraph—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">“gambling treatment” , in relation to an offender, means—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">treatment provided through a specialist NHS gambling service or gambling clinic;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">another form of NHS treatment determined by a qualified clinician to have the best chance of reducing or eliminating the offender’s gambling addiction;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">“qualified clinician” means an NHS clinical psychologist or a psychiatrist with appropriate professional qualifications.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Sub-paragraphs (4) and (5) apply to a relevant order which imposes a gambling treatment requirement.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The order may specify separate periods comprising the period specified under sub-paragraph (1).</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">For each treatment period, the order may specify the treatment provider but must not otherwise specify the nature of the treatment.</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In sub-paragraph (5), “treatment period” means—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">if the order specifies separate periods under sub-paragraph (4), any of those periods;</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">otherwise, the period specified under sub-paragraph (1).””</span></span>

<p>This new clause would introduce a new gambling treatment requirement, requiring an offender to seek NHS gambling addiction treatment as part of a community order.</p>

After Clause 19, insert the following new Clause—<br> <b>“An annual report on prison capacity</b><br> (1) The Lord Chancellor must, as soon as practicable after the end of each financial year, make a report on prison capacity.<br> (2) When reporting on prison capacity under this section, the Lord Chancellor must include the available data on—<br> (a) prison population projections,<br> (b) projection for the supply of prison places,<br> (c) information on prison service staffing, and<br> (d) information on probation service staffing and caseloads.<br> (3) The Lord Chancellor must lay a copy of the report before Parliament.<br> (4) The Lord Chancellor must publish the report once a copy has been so laid.<br> (5) If this section comes into force after the beginning of a financial year, the first report may relate to a period beginning with the day on which that section comes into force and ending with the end of the next financial year.”

<p>This new clause would require the Lord Chancellor to publish an annual report on prison capacity, in line with the commitment in its Annual Statement on Prison Capacity: 2024 for a statutory annual statement. In line with the 2024 statement, it also requires the publication of information on probation service staffing and caseloads, given the importance of probation service capacity in managing offenders with community orders, suspended sentences and on licence.</p>

After Clause 19, insert the following Clause—<br> <b>“Re-sentencing those serving a sentence of imprisonment for public protection</b><br> (1) The Lord Chancellor must make arrangements to ensure that every individual serving a sentence of imprisonment for public protection (“IPP sentence”), whether in prison or the community, has been re-sentenced within 24 months of the day on which this Act is passed.<br> (2) The Lord Chancellor must establish a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).<br> (3) The committee established by virtue of subsection (2) must include a judge or retired judge—<br> (a) under the age of 75,<br> (b) authorised, or authorised immediately before retirement, to try cases of murder, and<br> (c) nominated by the Lady or Lord Chief Justice.<br> (4) Within six months of being appointed, the committee must lay a report before Parliament on the process of re-sentencing individuals serving an IPP sentence.<br> (5) After a report has been published under subsection (4), the Lord Chancellor may disband the committee established under subsection (2) whenever the Lord Chancellor considers appropriate.<br> (6) The Lord Chancellor must disband the committee once all those serving IPP sentences have been re-sentenced.<br> (7) A person (“P”) serving an IPP sentence must be re-sentenced in relation to the offence or offences for which P was originally sentenced at a Crown Court designated by the Lord Chancellor for that purpose.<br> (8) The re-sentencing court—<br> (a) must not impose a sentence more severe than the notional determinate sentence upon the basis of which the tariff was specified as needing to be served before an application for release on licence might be made, and<br> (b) may substitute for the IPP sentence a hospital order under section 37 of the Mental Health Act 1983, with or without a restriction order under section 41, but only if—<br> (i) the court is satisfied, on the evidence required by that Act, that appropriate in‑patient treatment is available for P, and<br> (ii) in the case of a restriction order under section 41, the statutory criteria for making such an order are met.<br> (9) The re-sentencing court may confirm the sentence of IPP only if—<br> (a) the re-sentencing judge determines that, at the date of the original sentencing, ignoring the alternative of an IPP sentence, P might appropriately have received a sentence of life imprisonment, and<br> (b) at the date of re-sentencing, there is a substantial risk of P committing a further serious offence resulting in substantial harm if released.<br> (10) Cases falling within the scope of subsection (9) may only be re-sentenced by a judge authorised, or authorised immediately before retirement, to try cases of murder.<br> (11) The re-sentencing court may recommend that P may be subject to an extended licence for a period of up to five years, incorporating such conditions as the re-sentencing court considers appropriate to minimise the risk of re-offending.<br> (12) In relation to the exercise of the power in subsection (7)—<br> (a) the power is to be treated as a power to re-sentence under section 402(1) of the Sentencing Code, and<br> (b) the Sentencing Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).<br> (13) For the purposes of this section, “IPP sentence” means—<br> (a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 (since repealed) of the Criminal Justice Act 2003,<br> (b) a sentence of detention for public protection under section 226 (since repealed) of the Criminal Justice Act 2003, or<br> (c) a sentence of imprisonment or detention passed as a result of sections 219 or 221 of the Armed Forces Act 2006.”

<p>This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a re-sentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise. It would also allow the court to substitute a hospital order, with or without a restriction on release for an IPP sentence in appropriate circumstances.</p>

Clause 24, page 46, line 37, leave out “(7)” and insert “(7A)”

Clause 24, page 47, line 15, at end insert—<br> “(v) after sub-paragraph (di) (inserted by sub-paragraph (iv) above), insert—<br> “(ei) a gambling premises entry prohibition condition (see section 250CA),”;”

Clause 24, page 48, line 12, leave out first “subsection” and insert “section”

Clause 24, page 48, line 38, at end insert—<br> “(6A) After section 250C (inserted by subsection (6)) insert—<br> <b>“250CA</b> <b>Gambling premises entry prohibition condition</b><br> (1) A gambling premises entry prohibition condition is a condition prohibiting a person from entering gambling premises.<br> (2) A gambling premises entry prohibition condition may prohibit a person from entering gambling premises at any time or at times specified in the condition.<br> (3) A gambling premises entry prohibition condition may prohibit a person from entering—<br> (a) gambling premises specified in the condition,<br> (b) gambling premises of a description so specified, or<br> (c) any gambling premises.<br> (4) In this section “gambling premises” means premises used for any of the activities specified in section 150(1) (a) to (e) of the Gambling Act 2005.”.”

Clause 29, page 56, line 5, leave out “both” and insert “more”

<p>This amendment, linked to another in the name of Lord Russell of Liverpool, enables an additional condition to be added for consideration by the Secretary of State, when determining if an offender should not be released at the end of the section 255BA automatic release period.</p>

Clause 29, page 56, line 27, at end insert—<br> “(8A) The third condition is that the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of the crime for which P is serving the sentence in question.”

<p>This amendment adds a condition for consideration by the Secretary of State, when determining if an offender should not be released at the end of the section 255BA automatic release period, where the basis of the offender’s recall is that they breached a license condition or order in relation to their victim.</p>

After Clause 29, insert the following new Clause—<br> <b>“Further release after recall: offenders eligible for risk-assessed release</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 255C (prisoners not suitable for automatic release), after subsection (3) insert—<br> “(3A) Subsection (3B) applies if the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of a crime for which P is serving a sentence.<br> (3B) Where this subsection applies—<br> (a) at the end of the period of 56 days beginning with the day on which P returns to custody, P must be considered for referral for executive release as opposed to automatic release,<br> (b) if P is referred for consideration for executive release, the Secretary of State may release P again on licence, and<br> (c) if P is not referred for consideration for executive release, or if P is denied executive release, the Secretary of State must refer P’s case to the Board.””

<p>This amendment ensures that offenders who have been recalled to prison on the basis of a breach of license condition or order related to their victim are risk-assessed to determine whether it is safe for them to be re-released into the community, rather than being automatically released after 56 days.</p>

After Clause 40, insert the following new Clause—<br> <b>“Probation Service supervision: access to rehabilitation and support services for individuals</b><br> (1) The Probation Service must ensure all individuals subject to licence conditions, community orders, or other court-imposed supervision have access to—<br> (a) NHS mental health, and substance misuse and gambling disorder treatment support services,<br> (b) education, training and employment support, and<br> (c) approved behaviour change or offender behaviour programmes.<br> (2) The Secretary of State must lay before Parliament, each year, a report on the availability and use of the services provided under subsection (1).”

<p>This new clause would require the probation service to ensure people under its supervision can access mental health and substance misuse and gambling disorder treatment support services; education, training and support; and approved behaviour change or offender management programmes, and to report annually on the availability and uptake of those services.</p>

After Clause 40 insert the following new Clause—<br> <b>“Specialist teams for high-risk or complex offenders</b><br> (1) The Probation Service must undertake an assessment of the potential benefits of establishing specialist probation teams to supervise—<br> (a) high-risk offenders,<br> (b) offenders with complex mental health needs,<br> (c) offenders with gambling disorder needs,<br> (d) offenders with substance misuse needs, and<br> (e) young offenders who are transitioning to adult supervision.<br> (2) The assessment must consider the potential benefits of specialist probation teams having lower average caseloads per probation officer.<br> (3) The assessment must consider the potential arrangements for specialist probation teams accessing support from other relevant agencies.<br> (4) The Secretary of State must, within a year of the day on which this Act is passed, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the probation service to assess the potential benefits of establishing specialist probation teams to supervise offenders who are high-risk; have complex mental health, gambling disorder or substance misuse needs; and young offenders transitioning to adult supervision.</p>

After Clause 40, insert the following new Clause—<br> <b>“Custodial sentences: access to rehabilitation and support services for individuals</b><br> (1) The HM Prison and Probation Service must ensure all individuals subject to custodial sentences have access to—<br> (a) NHS mental health, and substance misuse and gambling disorder treatment support services,<br> (b) education, training and employment support, and<br> (c) approved behaviour change or offender behaviour programmes.<br> (2) The Secretary of State must lay before Parliament, each year, a report on the availability and use of the services provided under subsection (1).”

<p>This new clause would require the Prison Service to ensure people under its supervision can access mental health and substance misuse and gambling disorder treatment support services; education, training and support; and approved behaviour change or offender management programmes, and to report annually on the availability and uptake of those services.</p>

After Clause 40, insert the following Clause—<br> <b>“Probation capacity: independent report</b><br> (1) Within three months of the day on which this Act is passed, a report must be published and laid before Parliament by HM Inspectorate of Probation (“the Inspectorate”) determining whether there is adequate capacity in the Probation Service to meet the provisions of this Act which are anticipated to increase levels of demand on the Probation Service.<br> (2) If the report under subsection (1) determines that the capacity of the Probation Service is inadequate, provisions of this Act anticipated to increase levels of demand on the Probation Service may not come into force until a further report determines that the Probation Service has adequate capacity.<br> (3) Following a report under subsection (1), the Inspectorate must publish and lay before Parliament a further report, no less than once every 12 months, determining whether there is adequate capacity in the Probation Service.<br> (4) If a report under subsections (1) or (3) determines that the capacity of the Probation Service is inadequate, the Inspectorate may direct that a prioritisation framework must be issued to the areas in which the capacity concerns apply, in order to provide local services with guidance about which activities to deprioritise.<br> (5) The Secretary of State must, within two weeks of the laying of a report under subsections (1) or (3) with a finding of inadequate capacity, make a statement to Parliament setting out how probation capacity will be increased to an adequate level.”

<p>This new clause would ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands, and would enable the Inspectorate to trigger the issuing of a prioritisation framework to help local areas to identify which activities to deprioritise.</p>

After Clause 40, insert the following Clause—<br> <b>“Electronic monitoring: oversight</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In Part 14 of Schedule 9, in paragraph 31 (electronic monitoring: person responsible for monitoring), after sub-paragraph (2) insert—<br> “(3) Regulations under this section must ensure that—<br> (a) electronic monitoring is overseen by the Probation Service,<br> (b) the fitting of necessary apparatus for the purposes of electronic monitoring may only be undertaken by those in the employment of an organisation with responsibility for delivering electronic monitoring, and<br> (c) the fitting of necessary apparatus may not be undertaken by an employee of HM Prison and Probation Service unless the responsibility for the delivery of electronic monitoring is held solely by HM Prison and Probation Service.”.”

<p>This amendment would ensure that the probation service oversees electronic monitoring, and that prison officers would not be responsible for fitting tags unless tagging contracts are brought into the public sector.</p>

After Clause 40, insert the following new Clause—<br> <b>“Management of offenders on probation: devolution to Wales</b><br> (1) In paragraph 175 (prisons and offender management) of Schedule 7A of the Government of Wales Act 2006—<br> (a) in sub-paragraph (3), omit “probation”;<br> (b) under the “Exceptions” insert “Probation in relation to offender management”.<br> (2) The Secretary of State must by regulations make further provision under this section to facilitate the transfer of the provision of the probation service in Wales from the Secretary of State to Senedd Cymru and Welsh Ministers.”

<p>This new clause seeks to devolve probation services to Wales, by removing it from the list of reserved matters in the Government of Wales Act 2006.</p>

After Clause 40, insert the following new Clause—<br> <b>“Probation: maximum caseloads limits</b><br> (1) The Secretary of State must establish maximum caseload limits for probation officers supervising individuals subject to—<br> (a) licence conditions,<br> (b) community orders, and<br> (c) any other form of court-imposed supervision by the probation service.<br> (2) The Secretary of State must, each year, lay before Parliament a report on compliance with the caseload limits set under this section.”

<p>This amendment, connected with others in the name of Lord Foster of Bath, seeks to ensure that (1) the Secretary of State establishes maximum caseload limits for probation officers, and (2) the main provisions of the Bill can only be commenced once this has been achieved.</p>

Clause 46, page 76, line 28, leave out “and (4)” and insert “to (4A)”

<p>This amendment, connected with others in the name of Lord Foster of Bath, seeks to ensure that (1) the Secretary of State established maximum caseload limits for probation officers, and (2) the main provisions of the Bill can only be commenced once this has been achieved.</p>

Clause 46, page 76, line 33, at end insert—<br> “(aa) section (<i>Probation capacity: independent report</i>);”

<p>This is related to a new Clause proposed by Lord Woodley to ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands.</p>

Clause 46, page 77, line 1, after “19” insert “, section (<i>Re-sentencing those serving a sentence of imprisonment for public protection</i>)”

Clause 46, page 77, line 3, at end insert “provided that the provision in subsection (4A) has been discharged.<br> (4A) Apart from the provisions in subsection (3), no provision in this Act can come into force until the provision in section (<i>Probation: maximum caseloads limits</i>)(1) has been discharged.”

<p>This amendment, connected with others in the name of Lord Foster of Bath, seeks to ensure that (1) the Secretary of State established maximum caseload limits for probation officers, and (2) the main provisions of the Bill can only be commenced once this has been achieved.</p>

Clause 24, page 46, line 38, at end insert—<br> “(za) after subsection (4)(aa) insert—<br> “(ab) must include an addiction recovery condition (see section 250E) if the individual concerned is known to have a substance addiction at the time of sentencing,”;”

Clause 24, page 49, line 9, at end insert—<br> “(7A) After section 250D (inserted by subsection (7)) insert—<br> <b>“250E</b> <b>Addiction recovery condition</b><br> (1) An addiction recovery condition is a condition requiring a person to engage with addiction recovery services.<br> (2) The cost of subsection (1) must be met by the Ministry of Justice (or its successors).”.”

Clause 29, page 56, line 39, at end insert—<br> <b>“255BB</b> <b>Further release after recall: prisoners subject to Imprisonment for Public Protection (IPP) and Detention for Public Protection (DPP) sentences</b><br> The Secretary of State may by regulations make equivalent provision to those under section 255BA (Automatic release: other offenders) in relation to the recall of those subject to Imprisonment for Public Protection (IPP) and Detention for Public Protection (DPP) sentences.”

Clause 29, page 56, line 42, at end insert “section 255BB”

In subsection (5), after the inserted subsection (6D), insert—<br> “(6E) In respect of a prisoner of whom a direction has been made under subsection (6B), the Secretary of State may apply to the Parole Board, once six months have passed from the determination of the release dates for—<br> (a) that determination to be set aside,<br> (b) the release date to be extended, or<br> (c) the determination to be otherwise varied.”

Clause 30, page 57, line 17, at end insert—<br> “(4A) In section 244(1A) (duty to release prisoners not subject to special provision for release), for “and”, in the second place it occurs, substitute “to”.”

<p>This amendment is consequential on the insertion by clause 29 of the new section 255BA of the Criminal Justice Act 2003 (automatic release from recall) and ensures that section 244(1A) of that Act, which cross refers to the recall provisions, includes a reference to this new section.</p>

Clause 34, page 63, line 13, at end insert—<br> “(d) in paragraph 13(1)(a) of Schedule 23 (power to amend maximum number of hours of unpaid work), for “paragraph 2(1)” substitute “paragraph 2(1A)”.”

<p>This amendment updates a cross reference and is consequential on the amendment made by clause 34(2) (limits on the number of hours in an unpaid work requirement in a community order or suspended sentence order).</p>

Clause 34, page 63, line 30, at end insert—<br> “(ba) in paragraph 6, for “paragraph 3(5)” substitute “paragraph 3(5A)”;”

<p>This amendment updates a cross reference and is consequential on the amendment made by clause 34(5)(b)(ii) (limits on the number of hours in an unpaid work requirement in a supervision default order).</p>

In subsection (1)(b), leave out “an immediate” and insert “a”

In subsection (1)(b), leave out “subsection (2)” and insert “subsections (2) and (2A)”

After subsection (2), insert—<br> “(2A) In respect of a sentence of immediate custody of at least six months, a foreign criminal must not be deported until after the sentence has been imposed and that person has served at least one third of that sentence.”

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence The presumption of a suspended sentence will not apply if the offender is not a British citizen or an Irish citizen."

None

After Clause 1, insert the following new Clause- “No presumption of suspended sentence (No. 2) The presumption of a suspended sentence will not apply if the offence, or an associated offence, either involves possession of or threatening with an article with a blade or point or an offensive weapon."

None

After Clause 1, insert the following new Clause- “No presumption of suspended sentence (No. 3) The presumption of a suspended sentence will not apply if the offender has committed or been convicted of three other offences in the 12 months preceding the offence."

None

After Clause 1, insert the following new Clause- “No presumption of suspended sentence (No. 4) The presumption of a suspended sentence will not apply if the offender has committed 10 or more other previous offences at the time of the offence or at the time of conviction for the offence."

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence (No. 5) The presumption of a suspended sentence will not apply if the offender has previously received a suspended sentence order for the same offence."

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence (No. 6) The presumption of a suspended sentence will not apply if the offender has previously received a custodial sentence for the same offence."

None

After Clause 1, insert the following new Clause- “No presumption of suspended sentence (No. 7) The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a mandatory minimum sentence.”

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence (No. 8) The presumption of a suspended sentence will not apply if the offence, or an associated offence, is one of burglary."

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence (No. 9) The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a connection to terrorism, including but not limited to offences relating to terrorism under the Terrorism Act 2000, the Terrorism Act 2006 and the Explosive Substances Act 1883."

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence (No. 10) The presumption of a suspended sentence will not apply if the offender has breached previous suspended sentence orders three or more times, either by failing to comply with the requirements of the orders or by re-offending during the order's operational period."

None

After Clause 1, insert the following new Clause- "No presumption of suspended sentence (No. 11) The presumption of a suspended sentence will not apply if the offence, or an associated offence, was committed while the offender was on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall)."

None

After Clause 1, insert the following new Clause- “No presumption of suspended sentence (No. 12) The presumption of a suspended sentence will not apply if the offender has already been convicted of committing the same offence three or more times."

None

After Clause 6, insert the following new Clause- "Parents of young offenders (1) The Secretary of State must undertake an assessment of the effectiveness and use by the courts of the following powers in the Sentencing Code- (a) sections 365 to 375 (parenting orders), and (b) sections 380 to 383 (costs, fines and other financial orders where offender aged under 18). (2) The assessment undertaken under subsection (1) must make recommendations on- (a) ways to increase use of the Sentencing Code powers to make parenting and financial orders, and (b) other potential sentencing changes to promote greater parental responsibility in respect of young offenders. (3) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment made under this section before Parliament."

After Clause 25, insert the following new clause—<br> <b>“Provision for a prisoner to apply to the Parole Board for a licence termination review following expiry of the qualifying period on annual basis</b><br> (1) The Crime (Sentences) Act 1997 is amended as follows.<br> (2) In section 31A (imprisonment or detention for public protection: termination of licences), after subsection (3) insert—<br> “(3A) Where—<br> (a) the prisoner has been released on licence under this Chapter,<br> (b) the qualifying period has expired, and<br> (c) the prisoner’s case has been considered for termination previously by the Parole Board and a period of at least 12 months has elapsed since the disposal of that application,<br> <span class="wrapped">the prisoner may make an application to the Parole Board under this subsection.”</span><br> (3) In subsection (4)—<br> (a) after “reference” insert “or application”;<br> (b) after “subsection (3)” insert “or (3A)”.”

<p>This would allow a prisoner whose licence has not been terminated by the Parole Board two or three years after their first release to make an application annually to the Parole Board for termination, reinstating the right to apply for an annual review that existed prior to changes made by the Police, Crime, Sentencing and Courts Act 2022.</p>

After Clause 40, insert the following new Clause—<br> <b>“Provision for the Parole Board to direct release of an IPP prisoner at a specified future date</b><br> (1) Section 28 (duty to release certain life prisoners) of the Crime (Sentences) Act 1997 is amended as follows.<br> (2) In subsection (5)(b), at the end insert “or, in the case of a prisoner in respect of whom the Parole Board has made an order under subsection (6B), the prisoner has served the period ending on the future specified date,”.<br> (3) In subsection (6)(b), at the end insert “or the Parole Board has made an order under subsection (6B)”.<br> (4) In subsection (6A), at the end insert “but do not apply to a prisoner in respect of whom the Parole Board has made an order under subsection (6B)”.<br> (5) After subsection (6A) insert—<br> “(6B) In the case of a prisoner serving one or more preventive sentences as defined by section 31A(5), and not serving any other life sentence, where the Board does not direct his or her immediate release under subsection (5), the Board must fix a date for the person’s release on licence (“a specified future date”) and may issue such directions to facilitate the prisoner’s release at the specified future date as it considers necessary having regard to its duty to protect the public.<br> (6C) Any date fixed under subsection (6B) must not be later than—<br> (a) the second anniversary of the date on which the decision is taken in the case of a prisoner serving 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);<br> (b) the first anniversary of the date on which the decision is taken in the case of a prisoner serving 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).<br> (6D) A prisoner in respect of whom a direction has been made under subsection 6B may apply for the specified future date to be varied once six months have passed from the determination of the release date.”.”

<p>This amendment requires the Parole Board to fix a future release date for post-tariff IPPs who cannot be released immediately, following the successful completion of directions designed to ensure the public will be adequately protected upon release.</p>

Clause 1, page 1, line 14, leave out “not more” and insert “less”

<p>The presumption for a suspended sentence would apply to sentences of less than 12 months.</p>

Clause 1, page 1, line 14, after “months” insert “before any credit is given for a guilty plea”

<p>This amendment would mean that the presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea.</p>

Clause 1, page 1, line 17, after “order” insert “with the maximum operational period”

<p>This amendment would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

Clause 1, page 3, line 9, leave out “significant”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the risk of harm applies, removing the requirement for the harm to be significant.</p>

Clause 1, page 3, line 9, after “individual” insert “or the public”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put the public (as well as an individual) at significant risk of harm.</p>

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender—<br> (a) has been convicted of three or more other offences in the 12 months leading to the conviction for which a suspended sentence would otherwise have been passed (the “current offence”);<br> (b) has been convicted of 10 or more offences prior to the current offence;<br> (c) has been convicted of the same offence as the current offence on three or more previous occasions;<br> (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence;<br> (e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence;<br> (f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence;<br> (g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer;<br> (h) at the time of the current offence, was—<br> (i) subject to a supervision order, or<br> (ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall);<br> (i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988; or<br> (j) is being sentenced for three or more offences concurrently.”

<p>This amendment would prevent suspended sentences from being passed in a range of circumstances.</p>

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence—<br> (a) under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 or section 89 (1) of the Police Act 1996, or<br> (b) aggravated by section 68A of the Sentencing Act 2020 (assaults on those providing a public service etc).”

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of a burglary offence.”

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence involving possession of or threatening with an article with a blade or point or an offensive weapon,”

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of a terrorism offence.”

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence under section 6(1) or (2) of the Bail Act 1976 (failure to surrender to custody).”

Clause 1, page 4, line 4, leave out “not more” and insert “less”

<p>The presumption for a suspended sentence would apply to sentences of less than 12 months.</p>

Clause 1, page 4, line 4, after “months” insert “before any credit is given for a guilty plea”

<p>This amendment would mean that the presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea.</p>

Clause 1, page 4, line 7, after “order” insert “with the maximum operational period”

<p>This amendment would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

Clause 1, page 5, line 20, leave out “significant”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the risk of harm applies, removing the requirement for the harm to be significant.</p>

Clause 1, page 5, line 20, after “individual” insert “or the public”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put the public (as well as an individual) at significant risk of harm.</p>

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender—<br> (a) has been convicted of three or more other offences in the 12 months leading to the conviction for which a suspended sentence would otherwise have been passed (the “current offence”);<br> (b) has been convicted of 10 or more offences prior to the current offence;<br> (c) has been convicted of the same offence as the current offence on three or more previous occasions;<br> (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence;<br> (e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence;<br> (f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence;<br> (g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer;<br> (h) at the time of the current offence, was—<br> (i) subject to a supervision order, or<br> (ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall);<br> (i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988; or<br> (j) is being sentenced for three or more offences concurrently.”

<p>This amendment would prevent suspended sentences from being passed in a range of circumstances.</p>

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence</b><br> The presumption of a suspended sentence will not apply if the offender is not a British citizen or an Irish citizen.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 2)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, either involves possession of or threatening with an article with a blade or point or an offensive weapon.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 3)</b><br> The presumption of a suspended sentence will not apply if the offender has committed or been convicted of three other offences in the 12 months preceding the offence.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 4)</b><br> The presumption of a suspended sentence will not apply if the offender has committed 10 or more other previous offences at the time of the offence or at the time of conviction for the offence.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 5)</b><br> The presumption of a suspended sentence will not apply if the offender has previously received a suspended sentence order for the same offence.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 6)</b><br> The presumption of a suspended sentence will not apply if the offender has previously received a custodial sentence for the same offence.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 7)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a mandatory minimum sentence.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 8)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is one of burglary.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 9)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a connection to terrorism, including but not limited to offences relating to terrorism under the Terrorism Act 2000, the Terrorism Act 2006 and the Explosive Substances Act 1883.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 10)</b><br> The presumption of a suspended sentence will not apply if the offender has breached previous suspended sentence orders three or more times, either by failing to comply with the requirements of the orders or by re-offending during the order’s operational period.”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 11)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, was committed while the offender was on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).”

After Clause 1, insert the following new Clause—<br> <b>“No presumption of suspended sentence (No. 12)</b><br> The presumption of a suspended sentence will not apply if the offender has already been convicted of committing the same offence three or more times.”

After Clause 6, insert the following new Clause—<br> <b>“Parents of young offenders</b><br> (1) The Secretary of State must undertake an assessment of the effectiveness and use by the courts of the following powers in the Sentencing Code—<br> (a) sections 365 to 375 (parenting orders), and<br> (b) sections 380 to 383 (costs, fines and other financial orders where offender aged under 18).<br> (2) The assessment undertaken under subsection (1) must make recommendations on—<br> (a) ways to increase use of the Sentencing Code powers to make parenting and financial orders, and<br> (b) other potential sentencing changes to promote greater parental responsibility in respect of young offenders.<br> (3) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment made under this section before Parliament.”

<p>This new clause would require the Secretary of State to assess the use of the courts’ existing powers to make parenting orders and financial orders to parents of young offenders.</p>

After Clause 6, insert the following new Clause—<br> <b>“Child cruelty offences: notification and offender management requirements</b><br> (1) A person (“relevant offender”) is subject to the notification requirements of subsections (2) and (3) for the period set out in subsection (4) if the relevant offender is convicted of an offence listed in subsection (6).<br> (2) A relevant offender must notify to the police within the three days of the time of their conviction or their release from custody, and annually thereafter, providing —<br> (a) the relevant offender’s date of birth,<br> (b) their national insurance number,<br> (c) their name on the notification date and, where using one or more other names on that date, each of those names,<br> (d) their place of residence on the date of notification,<br> (e) the address of any other premises in the United Kingdom at which, at the time the notification is given, they regularly reside or stay, and<br> (f) any information that may be prescribed in regulations by the Secretary of State.<br> (3) A relevant offender must notify to the police, within the period of three days beginning with the event occurring, about—<br> (a) their use of a name which has not been notified to the police under subsection (2),<br> (b) a change to their place or residence, and<br> (c) any other prescribed change of circumstances as defined in regulations made under this section.<br> (4) The dates of discharge from notification requirements under this section are the same as those set out in Section 88B of the Sexual Offences Act 2003.<br> (5) The information required by subsections (2) and (3), once received, must be—<br> (a) monitored regularly by the police and probation service, and<br> (b) retained for the purposes of offender management.<br> (6) The relevant offences are—<br> (a) causing or allowing the death of a child or vulnerable adult, or allowing them to suffer serious harm (section 5 of the Domestic Violence, Crime and Victims Act 2004),<br> (b) child cruelty, neglect and violence (section 1 of the Children and Young Persons Act 1933),<br> (c) infanticide (section 1 of the Infanticide Act 1938),<br> (d) exposing children whereby life is endangered (section 27 of the Offences Against the Person Act 1861),<br> (e) an offence under sections 4, 18, 20, 21, 22, 23 or 47 of the Offences Against the Person Act 1860, if the victim is under the age of 16,<br> (f) an offence under any of the following provisions of the Female Genital Mutilation Act 2003—<br> (i) female genital mutilation (section 1),<br> (ii) assisting a girl to mutilate her own genitalia (section 2),<br> (iii) assisting a non-UK person to mutilate overseas a girl’s genitalia (section 3), and<br> (g) cruelty to children (section 1 of the Children and Young Persons Act 1933).”

<p>This new clause would create notification requirements for people convicted of child cruelty, analogous to the Sex Offenders Register. Their information and personal details would be kept on record by the police for the purposes of offender management, with the aim of reducing the risk to children from future offences.</p>

After Clause 11, insert the following new Clause—<br> <b>“Whole life order: murder of a police or prison officer</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 2 of Schedule 21 (Determination of minimum term in relation to mandatory life sentence for murder etc), in sub-paragraph (2)(c), after “duty,”, insert “or if the motivation for the murder was connected to the police officer or prison officer’s current or former duties,”.”

<p>This new clause would expand the circumstances in which it is appropriate to apply a whole life order for murdering a prison or police officer, to include murder motivated by the victim’s current or former duties.</p>

Before Clause 18, insert the following new Clause—<br> <b>“Sentencing Council</b><br> The Sentencing Council of England and Wales is abolished.”

<i>Lord Jackson of Peterborough gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill.</i>

<i>Lord Jackson of Peterborough gives notice of his intention to oppose the Question that Clause 19 stand part of the Bill.</i>

After Clause 19, insert the following new Clause—<br> <b>“Court transcripts of sentencing remarks</b><br> (1) All transcripts of sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.<br> (2) All published sentencing remarks must be made freely available, including online.”

<p>This new clause would require all sentencing remarks made in the Crown Court to be published and made available to all.</p>

After Clause 19, insert the following new Clause—<br> <b>“Duty to collect and publish data on sentencing</b><br> (1) Within 24 hours of the conclusion of the passing of a sentence, the relevant court must provide HM Courts and Tribunals Service (“HMCTS”) with information regarding—<br> (a) the offence category,<br> (b) the sentence length, and<br> (c) such information about the sentenced individual as the Secretary of State may specify in regulations, but which must include—<br> (i) nationality,<br> (ii) sex at birth,<br> (iii) country of birth,<br> (iv) method of entry to the United Kingdom,<br> (v) visa route,<br> (vi) visa status, and<br> (vii) asylum status.<br> (2) HMCTS must collect and record the information set out in subsection (1) in a safe and secure manner.<br> (3) The Secretary of State must publish statistics on the information set out in subsection (1) no less than once every three months.”

<p>This new clause would require HMCTS to collect data and other information on sentencing and sentenced offenders, and would require the Government to publish statistics on that data every three months.</p>

After Clause 19, insert the following new Clause—<br> <b>“Sentencing statistics: duty to publish</b><br> (1) The Secretary of State must, within six months of the passing of this Act, direct His Majesty’s Courts and Tribunal Service (HMCTS) to record and retain, in relation to all offenders convicted and sentenced in the Crown Court or Magistrates’ courts, the offender’s—<br> (a) country of birth,<br> (b) nationality,<br> (c) ethnicity,<br> (d) immigration status, and<br> (e) the offence(s) for which they were sentenced.<br> (2) The Secretary of State must make arrangements for the data recorded under subsection (1) to be published and laid before Parliament—<br> (a) within 12 months of the day on which this Act is passed, and<br> (b) annually thereafter.”

<p>This new clause would require the Government to record and publish statistics on convicted offenders’ birthplace, nationality, ethnicity and immigration status.</p>

After Clause 19, insert the following new Clause—<br> <b>“Under-18 anonymity for cases involving serious crime</b><br> (1) This section applies where a person (‘P’) aged under 18—<br> (a) has been convicted of an offence, and<br> (b) will receive a custodial sentence of four or more years.<br> (2) Where this section applies, prior to delivering sentencing remarks, the court must lift any reporting restrictions identifying P.<br> (3) This section applies notwithstanding the provisions of Chapter IV of the Youth Justice and Criminal Evidence Act 1999.”

<p>This new clause would require reporting restrictions to be lifted at the point of sentencing for young offenders who have received a sentence of four or more years.</p>

Clause 20, page 38, line 7, at end insert—<br> “(ab) but sections 244ZA(8)(a) and (aa) do not apply to any person convicted of—<br> (i) rape,<br> (ii) assault by penetration,<br> (iii) rape of a child under 13,<br> (iv) assault of a child under 13 by penetration,<br> (v) inciting a child under 13 to engage in sexual activity,<br> (vi) paying for the sexual services of a child aged under 13,<br> (vii) kidnapping or false imprisonment with the intention of committing a sexual offence,<br> (viii) creating or possessing indecent photographs of children,<br> (ix) grievous bodily harm,<br> (x) grooming,<br> (xi) stalking,<br> (xii) causing or allowing the death of a vulnerable child or adult, or<br> (xiii) death by dangerous driving;<br> (ac) but sections 244ZA(8)(a) and (aa) cannot come into force until the Secretary of State has consulted on and ensured exclusions for all offences considered to be serious violence, offences against children, sexual offences and domestic abuse offences.”

<p>This amendment would disapply the clause 20 early release provisions of the Bill in relation to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.</p>

After Clause 38, insert the following new Clause—<br> <b>“Parole board proceedings: enabling public scrutiny</b><br> (1) The Secretary of State has a statutory duty to improve the openness and transparency of the work of the Parole Board and to facilitate a greater public understanding of its statutory framework, procedures and proceedings.<br> (2) The Secretary of State must exercise their powers under section 239(5) of the Criminal Justice Act 2003, to require that Parole Board hearings should normally be open to the public unless there are exceptional circumstances for not doing so, as outlined in subsection (5).<br> (3) The Secretary of State has the power to formally direct the Chair of the Parole Board to make arrangements for all Parole Board hearings to be heard in public, as set out in Parole Board (Amendment) Rules 2022 (SI 2022/717).<br> (4) The Chair of the Parole Board may exercise their right to decline this request and direction from the Secretary of State and must outline their reasons for so doing in writing to the Secretary of State, within 28 days of a written direction being lodged with the Parole Board.<br> (5) Such reasons in respect of subsection (4) must be evidence-based and include—<br> (a) where the Chair of the Parole Board believes that such a request and direction would, on the balance of probability and based on evidential information, indicate that the integrity of evidence presented to the Parole Board may be compromised and prevent a true and accurate assessment of the prisoner’s risk being provided by witnesses,<br> (b) that the presence of strong and valid objections from participants, including victims, their families or legal representatives, could jeopardise the cooperation of witnesses, should the hearing be in public, or<br> (c) that to hold a meeting in public might create an unacceptable risk of mental or physical harm to any of the participants.<br> (6) The Secretary of State must formally consider any representations from the Chair of the Parole Board in a timely manner and if they choose to disregard the advice of the Chair of the Parole Board, they must outline their reasons within 28 days of receipt of such advice, taking into account all available evidence, including that provided by law enforcement, victims, their families or legal and other representatives.<br> (7) The Secretary of State must, in exercising their powers, balance the need for openness, transparency and maintaining public faith in the efficacy of the criminal justice system with a commitment to the operational independence of the Parole Board and its members’ deliberations, and with an obligation to reduce recidivism and support rehabilitation and the prisoner’s ability to resettle in the community upon release from a custodial sentence.<br> (8) This section applies only to offences as relevant to public protection decisions and outlined in Schedule 18B Parts 1 and 2 of the Criminal Justice Act 2003.<br> (9) The Secretary of State must, within six months of the passing of this Act, and annually thereafter, publish an assessment of the efficacy of the policy of open Parole Board hearings and its impact upon openness, accountability, transparency and public support and whether it meets the interests of the justice test.”

<p>This amendment seeks to consolidate the statutory instrument laid before Parliament on 30 June 2022 (SI 2022/717) to improve openness, accountability and transparency and public trust in the Parole Board by giving the Secretary of State powers to direct the Board to work to a presumption that such meetings should be routinely open to the public, with exceptions; whilst also safeguarding the Board’s independence and the requirement to ensure rehabilitation and resettlement of those prisoners likely to be released from a custodial sentence.</p>

After Clause 41, insert the following new Clause—<br> <b>“Removal of power to remand in custody for a person’s own protection or welfare</b><br> (1) Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) is amended as follows.<br> (2) In Part 1 of that Schedule omit paragraph 3.<br> (3) In Part 1A of that Schedule omit paragraph 5.<br> (4) In Part 2 of that Schedule omit paragraph 3.”

<p>The amendment would repeal the power of the courts to remand a person in custody for their own protection or, if they are a child or young person, for their welfare.</p>

After Clause 42, insert the following new Clause—<br> <b>“Deportation of foreign criminals</b><br> (1) A foreign criminal who has been sentenced to—<br> (a) a custodial sentence of at least six months, or<br> (b) a community sentence of at least six months, must be the subject of an immediate deportation order, subject to subsection (2) below.<br> (2) The Secretary of State may determine, in exceptional cases, that a deportation order under subsection (1) does not apply.<br> (3) In this section, “foreign criminal” means a person who—<br> (a) is not a British citizen or an Irish citizen, and<br> (b) is convicted in the United Kingdom of an offence.”

<p>This new clause would apply an automatic deportation order to foreign criminals sentenced to at least six months’ imprisonment or a six-month community sentence.</p>

After Clause 42, insert the following new Clause—<br> <b>“Deportation of foreign criminals: European Union (Withdrawal) Act 2018</b><br> (1) Section 32 of the UK Borders Act 2007 is amended as follows.<br> (2) At the start of subsection (5), insert “Notwithstanding the provisions of section 7A of the European Union Withdrawal Act 2018 and Article 2 of the Windsor Framework,”.”

<p>This new clause would seek to disapply section 7A of the European Union (Withdrawal) Act 2018 (as amended under the Windsor Framework) to the deportation of foreign criminals, with the aim of preventing the courts from disapplying those provisions to Northern Ireland if they are deemed incompatible with the EU Charter of Fundamental Rights.</p>

NC24

To move the following Clause—<br> <b>“Deportation of foreign criminals: European Union (Withdrawal) Act 2018</b><br> (1) Section 32 of the UK Borders Act 2007 is amended as follows.<br> (2) At the start of subsection (5), insert “Notwithstanding the provisions of section 7A of the European Union Withdrawal Act 2018 and Article 2 of the Windsor Framework,”.”

<p>This new clause would seek to disapply section 7A of the European Union (Withdrawal) Act 2018 (as amended under the Windsor Framework) to the deportation of foreign criminals, with the aim of preventing the courts from disapplying those provisions to Northern Ireland if they are deemed incompatible with the EU Charter of Fundamental Rights.</p>

NC25

To move the following Clause—<br> <b>“Electronic monitoring: oversight</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In Part 14 of Schedule 9, in paragraph 31 (Electronic monitoring: person responsible for monitoring), after sub-paragraph (2) insert—<br> “(3) Regulations under this section must ensure that—<br> (a) electronic monitoring is overseen by the Probation Service;<br> (b) the fitting of necessary apparatus for the purposes of electronic monitoring may only be undertaken by those in the employment of an organisation with responsibility for delivering electronic monitoring; and<br> (c) the fitting of necessary apparatus may not be undertaken by an employee of HM Prison and Probation Service unless the responsibility for the delivery of electronic monitoring is held solely by HM Prison and Probation Service.””

<p>This new clause would ensure that the probation service oversees electronic monitoring, and that prison officers would not be responsible for fitting tags unless tagging contracts are brought into the public sector.</p>

NC26

To move the following Clause—<br> <b>“Unpaid work requirements: community work</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 3 of Part 1 of Schedule 9 (Restriction on imposing unpaid work requirement), after sub-paragraph (1)(b) insert—<br> “(c) that the unpaid work is work undertaken for a non-profit organisation, social enterprise, voluntary organisation or local authority.””

<p>This new clause would prohibit private sector involvement in unpaid work as part of a community sentence.</p>

NC27

To move the following Clause—<br> <b>“Probation capacity: independent report</b><br> (1) Within three months of the passage of this Act, a report must be published and laid before Parliament by HM Inspectorate of Probation (“the Inspectorate”) determining whether there is adequate capacity in the Probation Service to meet provisions of this Act anticipated to increase levels of demand on the Probation Service.<br> (2) If the report under subsection (1) determines that the capacity of the Probation Service is inadequate, provisions of this Act anticipated to increase levels of demand on the Probation Service may not come into force until a further report determines that the Probation Service has adequate capacity.<br> (3) Following a report under subsection (1), the Inspectorate must publish and lay before Parliament a further report, no less than once every twelve months, determining whether there is adequate capacity in the Probation Service.<br> (4) If a report under subsections (1) or (3) determines that the capacity of the Probation Service is inadequate, the Inspectorate may direct that a prioritisation framework must be issued to the areas in which the capacity concerns apply, in order to provide local services with guidance about which activities to deprioritise.<br> (5) The Secretary of State must, within two weeks of the laying of a report under subsections (1) or (3) with a finding of inadequate capacity, make a statement to Parliament setting out how probation capacity will be increased to an adequate level.”

<p>This new clause would ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands, and would enable the Inspectorate to trigger the issuing of a prioritisation framework to help local areas to identify which activities to deprioritise.</p>

NC28

To move the following Clause—<br> <b>“Management of offenders: devolution to Wales</b><br> (1) Schedule 7A of the Government of Wales Act 2006 is amended as follows.<br> (2) In Paragraph 175 (Prisons and offender management)—<br> (a) omit sub-paragraph (2); and<br> (b) in sub-paragraph (3), omit “probation”<br> (3) The Secretary of State may by regulations make further provision under this section.”

<p>This new clause seeks to devolve probation services and offender management to Wales, by removing it from the list of reserved matters in the Government of Wales Act 2006.</p>

NC29

To move the following Clause—<br> <b>“Foreign criminals: risk assessments prior to deportation</b><br> (1) The UK Borders Act 2007 is amended as follows.<br> (2) After section 32 (Automatic deportation) insert—<br> <b>“32A</b> <b>Deportation following stalking offences: risk assessments</b><br> (1) This section applies where a foreign criminal—<br> (a) has been convicted of an offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; and<br> (b) is subject to a deportation order under this Act.<br> (2) Where this section applies, prior to deportation, a risk assessment must be prepared to assess the likelihood after deportation of the foreign criminal—<br> (a) committing an offence which, were it to be committed in England or Wales, would constitute a further offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; or<br> (b) contacting or seeking to contact the victim of the offence for which the foreign criminal was convicted in England or Wales.<br> (3) A risk assessment prepared under this section must be shared, subject to the requirements of the Data Protection Act 2018, with the relevant authorities in the country to which the foreign criminal will be deported.<br> (4) The Secretary of State may by regulations make further provision under this section.””

<p>This new clause would require the preparation of a risk assessment for any foreign criminal being deported after a stalking conviction, and for the assessment to be shared with the authorities in the country to which the offender is returning.</p>

NC30

To move the following Clause—<br> <b>“Foreign criminals: potential stalking offences following deportation</b><br> (1) The UK Borders Act 2007 is amended as follows.<br> (2) After section 32 (Automatic deportation) insert—<br> <b>“32A</b> <b>Potential stalking offences following deportation</b><br> (1) This section applies where the conditions in subsections (2) and (3) apply.<br> (2) Condition 1 is that a foreign criminal—<br> (a) has been convicted of an offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; and<br> (b) is subject to a deportation order under this Act.<br> (3) Condition 2 is that they have—<br> (a) committed an offence which, were it to be committed in England or Wales, would constitute a further offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; or<br> (b) they have contacted or sought to contact the victim of the offence for which the foreign criminal was convicted in England or Wales.<br> (4) The Secretary of State must issue guidance to the relevant authorities, setting out—<br> (a) a police point of contact in the country to which the offender is returning;<br> (b) steps to protect and safeguard the victim in the UK; and<br> (c) any other matters that the Secretary of State deems appropriate.””

<p>This new clause would require the Secretary of State to issue guidance in dealing with foreign criminals who have been deported after a stalking conviction, and who seek to continue to stalk the victim.</p>

NC31

To move the following Clause—<br> <b>“Exclusion from automatic release following fixed-term recall for specified serious offences</b><br> (1) An offender shall not be eligible for automatic release following a fixed-term recall where they have been convicted of any of the following offences—<br> (a) rape;<br> (b) assault by penetration;<br> (c) rape of a child under 13;<br> (d) assault of a child under 13 by penetration;<br> (e) inciting a child under 13 to engage in sexual activity;<br> (f) paying for the sexual services of a child aged under 13;<br> (g) kidnapping or false imprisonment with the intention of committing a sexual offence;<br> (h) creating or possessing indecent photographs or pseudo-photographs of children;<br> (i) grievous bodily harm (under section 18 or section 20 of the Offences Against the Person Act 1861);<br> (j) grooming (under section 15 of the Sexual Offences Act 2003);<br> (k) stalking (under section 2A or 4A of the Protection from Harassment Act 1997);<br> (l) causing or allowing the death of a vulnerable child or adult (under section 5 of the Domestic Violence, Crime and Victims Act 2004); or<br> (m) causing death by dangerous driving (under section 1 of the Road Traffic Act 1988).<br> 2) For the purposes of this section, a person shall also be ineligible for release following a fixed-term recall if they have been convicted of an attempt, conspiracy, or incitement to commit any of the offences listed in subsection (1).<br> (3) The Secretary of State may by regulations add or remove offences from the list in subsection (1).”

<p>This new clause would mean offenders who had committed certain serious offences would not be eligible for automatic release following a fixed term recall.</p>

NC32

To move the following Clause—<br> <b>“Powers of the probation service to impose and vary conditions of supervision</b><br> (1) Where an offender is—<br> (a) subject to a community order, a suspended sentence order, or a period of probation supervision; and<br> (b) required to reside at a specified address as a condition of that order or supervision,<br> <span class="wrapped">the Probation Service may, in accordance with this section, direct that the offender reside at an alternative address.</span><br> (2) A direction under subsection (1) may be given where—<br> (a) it is necessary to protect another person (including a partner, former partner, or family member) from risk of harm;<br> (b) it is necessary for the effective management or rehabilitation of the offender; or<br> (c) it is otherwise in the interests of justice.<br> (3) Where the probation service has made a direction under subsection (1), it may recommend or determine other terms of supervision, including—<br> (a) restrictions on contact or association with specified individuals;<br> (b) requirements relating to participation in programmes addressing offending behaviour; or<br> (c) curfew or exclusion requirements, subject to approval by the sentencing court.<br> (4) Where a direction or variation made under this section materially alters the conditions imposed by the sentencing court, the probation service must—<br> (a) notify the court and the offender as soon as possible; and<br> (b) seek confirmation by the sentencing court of the varied terms within 14 days.<br> (5) Any direction or variation made under this section shall have effect as if imposed by the sentencing court, until it has been confirmed, revoked, or amended by the court.<br> (6) In this section, “the probation service” includes any person or body authorised to supervise offenders under the Offender Management Act 2007.”

<p>This new clause would give the probation service the power to change the residence requirement of an individual subject to supervision in certain circumstances, and to make other changes to the terms of supervision, subject to confirmation by the sentencing court.</p>

NC33

To move the following Clause—<br> <b>“Mandatory dependent support orders upon sentencing</b><br> (1) Where an offender is known to have dependents who rely on them for financial or other material support, the court shall, at the time of sentencing, inquire into the circumstances and reasonable needs of those dependents.<br> (2) In addition to any sentence imposed, the court must make an order requiring the offender to make periodic payments or other contributions towards the maintenance and welfare of their dependents (“dependent support order”), unless the court determines that such an order would be manifestly unjust or impracticable.<br> (3) The amount, frequency, and method of payment made under subsection (2) shall be determined by the court having regard to—<br> (a) the offender’s financial means, earning capacity, and assets;<br> (b) the reasonable living costs and needs of the dependents; and<br> (c) any other relevant circumstances.<br> (4) The court may direct that payments be made—<br> (a) through a designated collection authority; or<br> (b) directly to the dependent’s guardian, caregiver, or other appointed representative.<br> (5) An order made under this section shall remain in effect—<br> (a) for such time as specified by the court; or<br> (b) until it is varied or discharged by the court on application by any interested party.<br> (6) A failure to comply with an order made under this section shall constitute a breach of the sentence.”

<p>This new clause would create a power for a sentencing court to require an offender to make periodic payments or other contributions towards the maintenance and welfare of their dependents.</p>

NC34

To move the following Clause—<br> <b>“10-year driving ban for death by dangerous or careless driving and related offences</b><br> (1) This section applies where a person is convicted of an offence under sections 1, 2B, 3ZB, 3ZC or 3A of the Road Traffic Act 1988.<br> (2) Where this section applies, notwithstanding the provisions of Chapter 1 of Part 8 of the Sentencing Code (Driving disqualification), the driver must be banned from driving for 10 years.”

<p>This new clause would mean that anyone who causes death by dangerous or careless driving (or related offences) would be banned from driving for ten years.</p>

NC35

To move the following Clause—<br> <b>“Causing death or serious injury by dangerous, careless or inconsiderate driving: statutory aggravating factor</b><br> (1) The Road Traffic Act 1988 is amended as follows.<br> (2) After section 1A, insert—<br> <b>3B</b> <b>Causing death or serious injury by dangerous, careless of inconsiderate driving: aggravating factor for sentencing</b><br> In considering the seriousness of any offence committed under sections 1, 1A, 2B, 2C, 3ZB, 3ZC, 3ZS or 3A for the purposes of sentencing, the court must treat failure to—<br> (a) stop at the scene of the accident;<br> (b) call the emergency services; or<br> (c) administer first aid, where it is possible to do so;<br> as an aggravating factor, and state in open court that the offence is so aggravated.”

<p>This new clause would create statutory aggravating factors, for the purposes of sentencing, of failure to stop, call the emergency services, or administer first aid where it is possible to do so, in cases of causing death or serious injury by dangerous, careless of inconsiderate driving.</p>

NC36

To move the following Clause—<br> <b>“Earned progression for prisoner release</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 244, after subsection (4), insert—<br> “(5) The duty to release under subsection (1) is subject to the prisoner demonstrating compliance with the earned progression scheme during the course of their custodial sentence.<br> (6) The Secretary of State must issue regulations, under section 267 (alteration by order of the relevant proportion of sentence) setting a higher requisite custodial period for prisoners who have not demonstrated compliance with the earned progression scheme during their sentence.<br> (7) In this section, “the earned progression scheme” must include—<br> (a) compliance with prison rules;<br> (b) engagement in purposeful activity;<br> (c) attendance at any required work, education, treatment or training obligations, where these are available; and<br> (d) any other factors that the Secretary of State deems appropriate.<br> (8) The Secretary of State may by regulations provide further guidance to prisons on the operation of the earned progression scheme.””

<p>This new clause seeks to implement the recommendation of the independent review on sentencing for the release of prisoners at the one third point of their sentence to be subject to their compliance with an earned progression scheme.</p>

NC37

To move the following Clause—<br> <b>“Excluded offences for release at one-third point of sentence</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 244, after subsection (4), insert—<br> “(5) Subsection (3) does not apply for the sentences listed in Schedule 39 where the sentence was imposed before the commencement of section 20 of the Sentencing Act 2025.<br> (6) Where an offence is excluded under subsection (5), the requisite custodial sentence means one-half of the prisoner’s sentence.”<br> (3) After Schedule 38, insert—<br> “Schedule 39<br> <span class="schedule-heading">EXCLUDED OFFENCES</span><br> <i class="text-centre">Sexual offences</i><br> 1 An offence under the Sexual Offences Act 1956.<br> 2 An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).<br> 3 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).<br> 4 An offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts).<br> 5 An offence under section 5 of that Act (living on earnings of male prostitution).<br> 6 An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.<br> 7 An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).<br> 8 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).<br> 9 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).<br> 10 An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).<br> 11 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).<br> 12 An offence under the Sexual Offences Act 2003.<br> 13 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).<br> 14 An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children).<br> 15 An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).<br> 16 An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).<br> <i class="text-centre">Domestic abuse etc</i><br> 17 An offence under section 42A of the Family Law Act 1996 (breaching non-molestation order).<br> 18 An offence under section 2A of the Protection from Harassment Act 1997 (stalking).<br> 19 An offence under section 4A of that Act (stalking involving fear of violence or serious alarm or distress).<br> 20 An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults), where the offence that was racially or religiously aggravated was an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).<br> 21 An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment), where the offence that was racially or religiously aggravated was an offence under section 2A or 4A of the Protection from Harassment Act 1997.<br> 22 An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).<br> 23 An offence under section 76 of that Act (controlling or coercive behaviour in an intimate or family relationship).<br> 24 An offence under section 363 of the Sentencing Code (breaching restraining order).<br> 25 An offence under section 39 of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).<br> <i class="text-centre">National security</i><br> 26 An offence under the Official Secrets Act 1911.<br> 27 An offence under the Official Secrets Act 1920.<br> 28 An offence under the Official Secrets Act 1989.<br> 29 An offence under section 13 of the Terrorism Act 2000 (uniform and publication of images).<br> 30 An offence under section 21D of that Act (tipping off: regulated sector).<br> 31 An offence under section 36 of that Act (failure to comply with an order, prohibition or restriction).<br> 32 An offence under section 51(2) of that Act (failure to move a vehicle when required to do so).<br> 33 An offence under section 116 of that Act (failure to stop a vehicle when required to do so).<br> 34 An offence under section 120B of that Act (offences in relation to counter-terrorism financial investigators).<br> 35 An offence under paragraph 3 of Schedule 5 to that Act (wilfully obstructing a search of a cordoned area).<br> 36 An offence under paragraph 14 of Schedule 5 to that Act (making a false or misleading statement).<br> 37 An offence under paragraph 15 of Schedule 5 to that Act (wilfully obstructing an urgent search).<br> 38 An offence under paragraph 16 of Schedule 5 to that Act (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland).<br> 39 An offence under paragraph 32 of Schedule 5 to that Act (failure to comply with an urgent explanation notice: Scotland).<br> 40 An offence under paragraph 11 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland).<br> 41 An offence under paragraph 21 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland).<br> 42 An offence under paragraph 1(3) of Schedule 6 to that Act (failure to comply with requirement to provide financial information).<br> 43 An offence under paragraph 18 of Schedule 7 to that Act (port and border control duties: failure to comply etc).<br> 44 An offence under paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of foreign travel restriction order).<br> 45 An offence under paragraph 30 of Schedule 7 to that Act (failure to comply with a requirement imposed by direction).<br> 46 An offence under paragraph 30A of Schedule 7 to that Act (relevant person circumventing requirements).<br> 47 An offence under paragraph 31 of Schedule 7 to that Act (offences in connection with licences).<br> 48 An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015 (failure to hand over documents or hindering a search).<br> 49 An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (failure to comply with a duty imposed under Schedule 3 or obstructing a search).<br> 50 An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing Act 2020 (offences where foreign power condition met: including as applied by section 238(7) of the Armed Forces Act 2006).<br> 51 An offence under the National Security Act 2023.<br> 52 An offence to which section 16 of that Act applies where the foreign power condition (within the meaning of that Act) was met in relation to the conduct of the person which constituted the offence (foreign interference in elections).<br> 53 An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 20 of that Act (offences where foreign power condition met: Northern Ireland).<br> 54 An offence proved to have been aggravated by reason of the foreign power condition being met in relation to the conduct that constituted the offence under section 21 of that Act (aggravating factor where foreign power condition met: Scotland).””

<p>This new clause would, for existing prisoners, exclude the same offences from release at the one-third point that are excluded under the SDS40 measures in the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024. Instead, the automatic release point would be the halfway point of a prisoner's sentence.</p>

NC38

To move the following Clause—<br> <b>“Sentencing Council</b><br> (1) The Sentencing Council of England and Wales is abolished.”

NC39

To move the following Clause—<br> <b>“Deportation of foreign criminals </b><br> (1) A foreign criminal who has been sentenced to—<br> (a) a custodial sentence of at least 6 months; or<br> (b) a community sentence of at least 6 months,<br> <span class="wrapped">must be the subject of an immediate deportation order, subject to subsection (2) below.</span><br> (2) The Secretary of State may determine, in exceptional cases, that a deportation order under subsection (1) does not apply.<br> (3) In this section, “foreign criminal” means a person who—<br> (a) is not a British citizen or an Irish citizen, and<br> (b) is convicted in the United Kingdom of an offence.”

<p>This new clause would apply an automatic deportation order to foreign criminals sentenced to at least six months’ imprisonment or a six month community sentence.</p>

NC40

To move the following Clause—<br> <b>“Criminal cases review</b><br> (1) The Criminal Justice Act 1988 is amended as follows.<br> (2) After section 36 (Reviews of sentencing), insert—<br> “Part IVB<br> <b>CRIMINAL CASES REVIEW (PUBLIC PETITION)</b><br> <b>36A</b> <b>Scope of this Part</b><br> (1) A case to which this Part applies may be referred to the Court of Appeal under section 2 below.<br> (2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36B shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part shall be construed as references to that division.<br> (3) This Part applies to any case—<br> (a) of a description specified in an order under this section; or<br> (b) in which sentence is passed on a person—<br> (i) for an offence triable only on indictment; or<br> (ii) for an offence of a description specified in an order under this section.<br> (4) The Secretary of State may by order provide that this section shall apply to any case of a description specified in the order or to any case in which sentence is passed on a person for an offence triable either way of a description specified in the order.<br> (5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.<br> (6) In this Part, “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.<br> (7) In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).<br> (8) Subsection (2) shall not apply to Northern Ireland.<br> (9) In this section—<br> “offence triable only on indictment” means an offence punishable only on conviction on indictment;<br> “offence triable either way” means an offence punishable on conviction on indictment or on summary conviction; and<br> <span class="wrapped">any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.</span><br> (10) For subsection (5), in Northern Ireland an order under subsection (4) shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).<br> (11) References in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.<br> <b>36B</b> <b>Criminal cases review (public petition)</b><br> (1) If it appears to any adult British citizen aged 18 or over—<br> (a) that the sentencing of a person in a proceeding in the Crown Court (“the person sentenced”) has been unduly lenient or unduly harsh; and<br> (b) that the case is one to which section 36A applies,<br> that British citizen (“the petitioner”) may refer the case to the Criminal Cases Review Commission (“the Commission”) for it to review the sentencing of the person sentenced, in accordance with section 36C below, and if the Commission refers the case to the Court of Appeal, upon such a reference the Court of Appeal may—<br> (a) quash any sentence passed on the person sentenced; and<br> (b) in place of it pass such sentence as they think appropriate for the case and as the lower court had power to pass when dealing with the person sentenced,<br> <span class="wrapped">provided that the petitioner has filed the reference with the Commission in writing, signed by at least 500 signatures (“the co-petitioners”) including his own.</span><br> (2) The Secretary of State may by regulations stipulate the information and form that the petitioner must provide when filing the reference.<br> (3) Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied whether or not it appears that the judge—<br> (a) erred in law as to his powers of sentencing; or<br> (b) failed to comply with a mandatory sentence requirement under section 399(b) or (c) of the Sentencing Code.<br> (4) For the purposes of this Part, any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.<br> (5) Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code, the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.<br> (6) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.<br> (7) Where the Court of Appeal has concluded its review of a case referred to it under this section, and given its judgment thereon, the Court of Appeal, the petitioner or the person sentenced may refer a point of law involved in any sentence passed on the person sentenced to the Supreme Court for its opinion, and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.<br> (8) A reference under subsection (6) shall be made only with the leave of the Court of Appeal or the Supreme Court and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court.<br> (9) For the purpose of dealing with a case under this section, the Supreme Court may exercise any powers of the Court of Appeal.<br> (10) In the application of this section to Northern Ireland—<br> (a) subsection (2)(b) shall read as if for the words after “failed to” there were substituted “impose a sentence required by—<br> (i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,<br> (ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,<br> (iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or<br> (iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”.<br> (b) the references to sections 11 and 35(1) of the Criminal Appeal Act 1968 shall be read as references to sections 10(2) and 33(1) of the Criminal Appeal (Northern Ireland) Act 1980, respectively; and<br> (c) the reference in subsection (3A) to a minimum term order made under section 321 of the Sentencing Code shall be read as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.<br> <b>36C</b> <b>The Commission</b><br> (1) The Commission under section 36B is the same body as that established under section 8 of the Criminal Appeal Act 1995 and the provisions of section 8 of the Criminal Appeal Act 1995 shall apply to the role of the Commission under this Part.<br> (2) Sections 9, 10, and 12A to 25 of the Criminal Appeal Act 1995 shall apply to this Part.<br> (3) The Commission must review all cases referred to it within 8 weeks of receiving any such referral and must, within that time, make its decision.<br> (4) If the Commission decides that the case should be referred to the Court of Appeal by reason of an unduly harsh sentence then, immediately upon receipt of the referral, the Court of Appeal must make an order that the person sentenced be released on temporary licence (“ROTL”) until further order of the court, and the Court of Appeal must also determine suitable bail conditions, if any and the person sentenced must remain ROTL until the Court of Appeal has determined the referral.””

<p>This new clause would allow any British citizen to refer a sentence to the Criminal Cases Review Commission, for the Commission to review the sentence and consider whether to refer it to the Court of Appeal.</p>

NC41

To move the following Clause—<br> <b>“Sentencing statistics: duty to publish </b><br> (1) The Secretary of State must, within six months of the passing of this Act, direct His Majesty’s Courts and Tribunal Service (HMCTS) to record and retain, in relation to all offenders convicted and sentenced in the Crown Court or Magistrates’ courts, the offender’s—<br> (a) country of birth<br> (b) nationality,<br> (c) ethnicity,<br> (d) immigration status, and<br> (e) the offence(s) for which they were sentenced.<br> (2) The Secretary of State must make arrangements for the data recorded under subsection (1) to be published and laid before Parliament—<br> (a) within twelve months of the passing of this Act, and<br> (b) annually thereafter.”

<p>This new clause would require the Government to record and publish statistics on convicted offenders’ birthplace, nationality, ethnicity and immigration status.</p>

NC42

To move the following Clause—<br> <b>“Crown Court sitting days for the delivery of sentencing</b><br> (1) The Secretary of State must, within a year of the passing of this Act, undertake an assessment of the potential merits of removing the cap on sittings day in the Crown Court in so far as it applies to sentencing hearings.<br> (2) The Secretary of State must lay a copy of the assessment made under subsection (1) before Parliament.”

<p>This new clause would require the Secretary of State to undertake an assessment of the potential merits of removing the cap on sittings days in the Crown Court in so far as it applies to sentencing hearings.</p>

NC43

To move the following Clause—<br> <b>“Expiry</b><br> This Act expires at the end of the period of two years beginning with the day on which it is passed.”

<p>This new clause is a sunset clause, meaning the Act would cease to have effect after two years.</p>

8

Page 1, line 4, leave out Clause 1

32

Clause 1, page 1, line 14, after “months” insert “before any credit is given for a guilty plea”

<p>This amendment would mean that the presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea.</p>

35

Clause 1, page 1, line 17, after “order” insert “with the maximum operational period”

<p>This amendment would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

33

Clause 1, page 3, line 9, after “individual” insert “or the public”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put the public (as well as an individual) at significant risk of harm.</p>

34

Clause 1, page 3, line 9, leave out “significant”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the risk of harm applies, removing the requirement for the harm to be significant.</p>

14

Clause 1, page 3, line 10, at end insert—<br> “(3A) Where a court has passed a suspended sentence under this section, it must also require the offender to be subject to an electronic monitoring requirement for the duration of the sentence.”

<p>This amendment would require offenders (under the age of 21) given suspended sentences to be subject to electronic monitoring.</p>

15

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is not a British citizen or an Irish citizen.”

16

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender—<br> (a) has been convicted of three or more other offences in the 12 months leading to the conviction for which a suspended sentence would otherwise have been passed (the “current offence”);<br> (b) has been convicted of 10 or more offences prior to the current offence;<br> (c) has been convicted of the same offence as the current offence on three or more previous occasions;<br> (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence;<br> (e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence;<br> (f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence;<br> (g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer; <br> (h) at the time of the current offence, was—<br> (i) subject to a supervision order; or<br> (ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).<br> (i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988; or<br> (j) is being sentenced for three or more offences concurrently.”

<p>This amendment would prevent suspended sentences from being passed in a range of circumstances.</p>

17

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence—<br> (a) under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 or section 89 (1) of the Police Act 1996; or<br> (b) aggravated by section 68A of the Sentencing Act 2020 (assaults on those providing a public service etc).”

18

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence involving a firearm or ammunition, including but not limited to the Firearms Act 1968 and the Violent Crime Reduction Act 2006.”

19

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of a burglary offence.”

20

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence involving possession of or threatening with an article with a blade or point or an offensive weapon,”

21

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of a terrorism offence.”

22

Clause 1, page 3, line 10, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence under section 6(1) or (2) of the Bail Act 1976 (failure to surrender to custody).”

36

Clause 1, page 4, line 4, after “months” insert “before any credit is given for a guilty plea”

<p>This amendment would mean that the presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea.</p>

39

Clause 1, page 4, line 7, after “order” insert “with the maximum operational period”

<p>This amendment would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

37

Clause 1, page 5, line 20, after “individual” insert “or the public”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put the public (as well as an individual) at significant risk of harm.</p>

38

Clause 1, page 5, line 20, leave out “significant”

<p>This amendment would mean that the presumption for a suspended sentence would not apply where the risk of harm applies, removing the requirement for the harm to be significant.</p>

23

Clause 1, page 5, line 21, at end insert—<br> “(3A) Where a court has passed a suspended sentence under this section, it must also require the offender to be subject to an electronic monitoring requirement for the duration of the sentence.”

<p>This amendment would require offenders (aged 21 or over) given suspended sentences to be subject to electronic monitoring.</p>

24

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is not a British citizen or an Irish citizen.”

25

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender—<br> (a) has been convicted of three or more other offences in the 12 months leading to the conviction for which a suspended sentence would otherwise have been passed (the “current offence”);<br> (b) has been convicted of 10 or more offences prior to the current offence;<br> (c) has been convicted of the same offence as the current offence on three or more previous occasions;<br> (d) is convicted of an offence (the current offence) with a mandatory minimum custodial sentence;<br> (e) has previously received a suspended sentence order or a custodial sentence for the same offence as the current offence;<br> (f) has breached a suspended sentence order or orders on three or more occasions, either by breaching community requirements or committing a further offence;<br> (g) has a history of poor compliance with court orders, according to a written or oral statement from a probation officer;<br> (h) at the time of the current offence, was—<br> (i) subject to a supervision order; or<br> (ii) on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).<br> (i) is convicted of an offence eligible for consideration under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988; or<br> (j) is being sentenced for three or more offences concurrently.”

<p>This amendment would prevent suspended sentences from being passed in a range of circumstances.</p>

26

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence—<br> (c) under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 or section 89 (1) of the Police Act 1996; or<br> (d) aggravated by section 68A of the Sentencing Act 2020 (assaults on those providing a public service etc).”

27

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence involving a firearm or ammunition, including but not limited to the Firearms Act 1968 and the Violent Crime Reduction Act 2006.”

28

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of a burglary offence.”

29

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence involving possession of or threatening with an article with a blade or point or an offensive weapon,”

30

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of a terrorism offence.”

31

Clause 1, page 5, line 21, at end insert—<br> “(3A) But this section does not apply if the offender is convicted of an offence under section 6(1) or (2) of the Bail Act 1976 (failure to surrender to custody).”

9

Page 36, line 9, leave out Clauses 18 and 19

10

Page 37, line 9, leave out Clause 20

11

Clause 24, page 47, leave out lines 16 to 19

<p>This amendment would leave out the Bill's provision to give probation officers more discretion in relation to licence conditions</p>

12

Page 66, line 34, leave out Clause 36

13

Page 68, line 8, leave out Clause 37

NC14

To move the following Clause—<br> <b>“Under-18 anonymity for cases involving serious crime</b><br> (1) This section applies where a person (‘P’) aged under 18—<br> (a) has been convicted of an offence; and<br> (b) will receive a custodial sentence of four or more years.<br> (2) Where this section applies, prior to delivering sentencing remarks, the court must lift any reporting restrictions identifying P.<br> (3) This section applies notwithstanding the provisions of Chapter IV of the Youth Justice and Criminal Evidence Act 1999.”

<p>This new clause would require reporting restrictions to be lifted at the point of sentencing for young offenders who have received a sentence of four or more years.</p>

NC15

To move the following Clause—<br> <b>“Court transcripts of sentencing remarks</b><br> (1) All transcripts of sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.<br> (2) All published sentencing remarks must be made freely available, including online.”

<p>This new clause would require all sentencing remarks made in the Crown Court to be published and made available to all.</p>

NC16

To move the following Clause—<br> <b>“Sexual offences: Offender Personality Disorder Pathway</b><br> (1) The Prison Rules 1999 are amended as follows.<br> (2) In paragraph 20 (Health services), after sub-paragraph (1) insert—<br> “(1A) Provision under subsection (1) must include access, for all eligible prisoners serving custodial sentences for sexual offences, to services provided under the Offender Personality Disorder Pathway.””

<p>This new clause would require the Government to provide access to the Offender Personality Disorder Pathway to all eligible prisoners serving sentences for sexual offences.</p>

NC17

To move the following Clause—<br> <b>“Sexual offences: chemical suppression</b><br> Within one year of the passing of this Act, the Secretary of State must publish and lay before Parliament a report on how most effectively to introduce mandatory chemical suppression for certain individuals serving sentences for sexual offences, with appropriate legal and clinical safeguards.”

<p>This new clause would require the Government to publish a report on mandatory chemical suppression for certain sex offenders.</p>

NC18

To move the following Clause—<br> <b>“Sentencing Council: abolition </b><br> (1) The Sentencing Council (established under section 118 of the Coroners and Justice Act 2009) is abolished.<br> (2) The Secretary of State may prepare—<br> (a) sentencing guidelines which may be general in nature or limited to a particular offence, particular category of offence or particular category of offender;<br> (b) sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Code (reduction in sentences for guilty pleas); and<br> (c) sentencing guidelines about the application of any rule of law as to the totality of sentences.<br> (3) The Secretary of State may prepare sentencing guidelines about any other matter.<br> (4) When developing sentencing guidelines, the Secretary of State must—<br> (a) promote understanding of, and public confidence in, the sentencing and criminal justice system;<br> (b) consult Parliament on all draft guidelines; and<br> (c) publish the reasons for proposing any guidelines that could result in an offender receiving a shorter sentence than that set out in an Act of Parliament.<br> (5) The Secretary of State may report, from time to time, on the impact of sentencing guidelines on sentencing practice.<br> (6) The Secretary of State must monitor—<br> (a) the application of the sentencing guidelines; and<br> (b) the impact on victims of sentencing decisions.<br> (7) The Secretary of State may by regulations make further provision under this section.”

<p>This new clause would abolish the Sentencing Council, give the Secretary of State the power to publish Sentencing guidelines, and impose various requirements linked to consultation and monitoring.</p>

NC19

To move the following Clause—<br> <b>“Whole life order: murder of a police or prison officer</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 2 of Schedule 21 (Determination of minimum term in relation to mandatory life sentence for murder etc), in sub-paragraph (2)(c), after “duty,”, insert “or if the motivation for the murder was connected to the police officer or prison officer’s current or former duties,””

<p>This new clause would expand the circumstances in which it is appropriate to apply a whole life order for murdering a prison or police officer, to include murder motivated by the victim’s current or former duties.</p>

NC20

To move the following Clause—<br> <b>“Child cruelty offences: notification and offender management requirements</b><br> (1) A person (“relevant offender”) is subject to the notification requirements of subsections (2) and (3) for the period set out in subsection (4) if the relevant offender is convicted of an offence listed in subsection (6).<br> (2) A relevant offender must notify to the police within the three days of the time of their conviction or their release from custody, and annually thereafter, providing—<br> (a) the relevant offender’s date of birth;<br> (b) their national insurance number;<br> (c) their name on the notification date and, where using one or more other names on that date, each of those names;<br> (d) their place of residence on the date of notification;<br> (e) the address of any other premises in the United Kingdom at which, at the time the notification is given, they regularly reside or stay; and<br> (f) any information that may be prescribed in regulations by the Secretary of State.<br> (3) A relevant offender must notify to the police, within the period of three days beginning with the event occurring, about—<br> (a) their use of a name which has not been notified to the police under subsection (2);<br> (b) a change to their place or residence; and<br> (c) any other prescribed change of circumstances as defined in regulations made under this section.<br> (4) The dates of discharge from notification requirements under this section are the same as those set out in Section 88B of the Sexual Offences Act 2003.<br> (5) The information required by subsections (2) and (3), once received, must be—<br> (a) monitored regularly by the police and probation service; and<br> (b) retained for the purposes of offender management.<br> (6) The relevant offences are—<br> (a) causing or allowing the death of a child or vulnerable adult, or allowing them to suffer serious harm (section 5 of the Domestic Violence, Crime and Victims Act 2004);<br> (b) child cruelty, neglect and violence (section 1 of the Children and Young Persons Act 1933);<br> (c) infanticide (section 1 of the Infanticide Act 1938);<br> (d) exposing children whereby life is endangered (section 27 of the Offences Against the Person Act 1861);<br> (e) an offence under sections 4, 18, 20, 21, 22, 23 or 47 of the Offences Against the Person Act 1860, if the victim is under the age of 16;<br> (f) an offence under any of the following provisions of the Female Genital Mutilation Act 2003—<br> (i) female genital mutilation (section 1);<br> (ii) assisting a girl to mutilate her own genitalia (section 2);<br> (iii) assisting a non-UK person to mutilate overseas a girl's genitalia (section 3); and<br> (g) cruelty to children (section 1 of the Children and Young Persons Act 1933).”

<p>This new clause would create notification requirements for people convicted of child cruelty, analogous to the Sex Offenders Register. Their information and personal details would be kept on record by the police for the purposes of offender management, with the aim of reducing the risk to children from future offences.</p>

NC21

To move the following Clause—<br> <b>“Lifetime driving ban for death by dangerous driving </b><br> (1) This section applies where a person is convicted of an offence under section 1 the Road Traffic Act 1988. <br> (2) Where this section applies, notwithstanding the provisions of Chapter 1 of Part 8 of the Sentencing Code (Driving disqualification), the driver must be banned from driving for life.”

<p>This new clause would mean that anyone who causes death by dangerous driving would be banned from driving for life.</p>

NC22

To move the following Clause—<br> <b>“Review of sentence following a change in law</b><br> (1) Where a person is serving or subject to a sentence imposed for an offence, and—<br> (a) the offence has been abolished, or<br> (b) there has been a change in the law which materially alters the sentence that would be imposed for the same offence following that change in the law,<br> <span class="wrapped">that person may apply to the sentencing court, or to such other court as may be prescribed, for a review of the sentence.</span><br> (2) On such an application, the court may—<br> (a) quash the sentence and resentence the person in accordance with the existing law; or<br> (b) make such other order as necessary in the interests of justice.<br> (3) The Secretary of State may by regulations make provision for the procedure and eligibility criteria for applications under this section.”

<p>This new clause would allow a person still serving a sentence under a law that has changed to seek review or resentencing in line with the existing law.</p>

NC23

To move the following Clause—<br> <b>“Review of the impact of a change in the law on unspent convictions</b><br> (1) The Secretary of State must, within 12 months of the passing of this Act, lay before Parliament a report reviewing—<br> (a) the effect of changes in the criminal law, whether legislative or judicial, on those serving sentences for offences that would attract a different sentence following the subsequent changes to the criminal law; and<br> (b) the adequacy of existing mechanisms for addressing any perceived injustice arising from such changes.<br> (2) The Secretary of State must thereafter lay a further report under subsection (1) every three years.<br> (3) A report made under this section must include—<br> (a) recommendations for legislative or administrative steps to prevent any instances of injustice arising from changes in the law; and<br> (b) data on the number of persons serving sentences in the scenario set out in subsection (1)(a) and, of those, the number who remain imprisoned.”

<p>This new clause would create a statutory duty for the Government to review, on a recurring basis, how changes to the law affect those already convicted or sentenced.</p>

5

Page 1, line 4, leave out Clause 1

6

Page 6, line 28, leave out Clause 2

7

Page 37, line 9, leave out Clause 20

4

Page 68, line 24, leave out Clause 38

NC1

To move the following Clause—<br> <b>“Parents of young offenders</b><br> (1) The Secretary of State must undertake an assessment of the effectiveness and use by the courts of the following powers in the Sentencing Code—<br> (a) sections 365 to 375 (parenting orders); and<br> (b) sections 380 to 383 (Costs, fines and other financial orders where offender aged under 18).<br> (2) The assessment undertaken under subsection (1) must make recommendations on—<br> (a) ways to increase use of the Sentencing Code powers to make parenting and financial orders; and<br> (b) other potential sentencing changes to promote greater parental responsibility in respect of young offenders.<br> (3) The Secretary of State must, with a year of the passing of this Act, lay a copy of the assessment made under this section before Parliament.”

<p>This new clause would require the Secretary of State to assess the use of the courts’ existing powers to make parenting orders and financial orders to parents of young offenders.</p>

NC2

To move the following Clause—<br> <b>“Re-sentencing those serving a sentence of imprisonment for public protection</b><br> (1) The Lord Chancellor must make arrangements for, and relating to, the re-sentencing of all prisoners serving IPP sentences within 18 months beginning on the day on which this Act is passed.<br> (2) Those arrangements must include arrangements relating to the establishment of a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).<br> (3) The committee established by virtue of subsection (2) must include a judge nominated by the Lord Chief Justice.<br> (4) A court that imposed an IPP sentence has the power to re-sentence the prisoner in relation to the original offence.<br> (5) But the court may not impose a sentence that is a heavier penalty than the sentence that was imposed for the original offence.<br> (6) In relation to the exercise of the power in subsection (4)—<br> (a) that power is to be treated as a power to re-sentence under the Sentencing Code (see section 402(1) of the Sentencing Act 2020);<br> (b) the Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).<br> (7) In this section—<br> “IPP sentence” means a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act (including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006);<br> “original offence” means the offence in relation to which the IPP sentence was imposed.<br> (8) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.</p>

NC3

To move the following Clause—<br> <b>“Use of funds raised through income reduction orders</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits and costs of directing the funds raised from income reduction orders into a fund that provides support for victims.<br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under subsection (1) before Parliament.”

<p>This new clause would require the Secretary of State to undertake an assessment of the potential benefits of using the monies raised through income reduction orders to fund support for victims.</p>

NC4

To move the following Clause—<br> <b>“Probation caseloads</b><br> (1) The Secretary of State must, before laying regulations to commence the provisions in this Act, establish maximum caseload limits for probation officers supervising individuals subject to—<br> (a) licence conditions;<br> (b) community orders; or<br> (c) any other form of court-imposed supervision by the probation service.<br> (2) The Secretary of State must, each year, lay before Parliament a report on compliance with the caseload limits set under this section.”

<p>This new clause would require the Secretary of State to set maximum caseloads for probation before implementation of the Act, and to report annually on compliance.</p>

NC5

To move the following Clause—<br> <b>“Access to rehabilitation and support services</b><br> (1) The probation service must ensure all individuals subject to licence conditions, community orders, or other court-imposed supervision have access to—<br> (a) NHS mental health and substance misuse services,<br> (b) education, training and employment support, and<br> (c) approved behaviour change or offender behaviour programmes.<br> (2) The Secretary of State must lay before Parliament, each year, a report on the availability and use of the services provided under subsection (1).”

<p>This new clause would require the probation service to ensure people under its supervision can access mental health and substance misuse services; education, training and support; and approved behaviour change or offender management programmes, and to report annually on the availability and uptake of those services.</p>

NC6

To move the following Clause—<br> <b>“Digital systems for tracking offender progress</b><br> (1) The Secretary of State must, within one year of the passing of this Act, undertake an assessment of the benefits and costs of implementing a digital sentence management system for prisoners and individuals who are subject to supervision by the probation service.<br> (2) The assessment must consider the following potential functions of a sentence management system—<br> (a) tracking offender progress,<br> (b) providing for the sharing of information between the courts, probation service, and other relevant agencies, subject to the UK General Data Protection Regulation and the Data Protection Act 2018,<br> (c) monitoring compliance with rehabilitation programmes, and<br> (d) any other functions that the Secretary of State deems appropriate.”

<p>This new clause would require the Secretary of State to undertake an assessment of implementing a digital sentence management system for prisoners and individuals subject to supervision by the probation service.</p>

NC7

To move the following Clause—<br> <b>“Specialist teams for high-risk or complex offenders</b><br> (1) The probation service must undertake an assessment of the potential benefits of establishing specialist probation teams to supervise—<br> (a) high-risk offenders,<br> (b) offenders with complex mental health needs,<br> (c) offenders with substance misuse needs, and<br> (d) young offenders who are transitioning to adult supervision. <br> (2) The assessment must consider the potential benefits of specialist probation teams having lower average caseloads per probation officer.<br> (3) The assessment must consider the potential arrangements for specialist probation teams accessing support from other relevant agencies.<br> (4) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the probation service to assess the potential benefits of establishing specialist probation teams to supervise offenders who are high-risk; have complex mental health or substance misuse needs; and young offenders transitioning to adult supervision.</p>

NC8

To move the following Clause—<br> <b>“Domestic abuse aggravated offences</b><br> (1) A court must treat an offence committed in England and Wales as domestic abuse aggravated, if—<br> (a) the offender and the victim are personally connected to each other; and<br> (b) the offence involves behaviour which constitutes domestic abuse.<br> (2) In this section—<br> “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021, and<br> “personally connected” has the meaning given by section 2 of the Domestic Abuse Act 2021.”

<p>This new clause would require a court to treat a domestic abuse offence as aggravated.</p>

NC9

To move the following Clause—<br> <b>“Rehabilitative programmes for offences relating to violence against women and girls</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits of creating mandatory rehabilitative programmes about women and girls, for individuals sentenced for—<br> (a) assault;<br> (b) battery; or<br> (c) actual bodily harm<br> <span class="wrapped">when the victim is a woman or girl.</span><br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the Secretary of State to carry out an assessment of the potential benefits of creating mandatory rehabilitative programmes about women and girls, for individuals sentenced for certain offences.</p>

NC10

To move the following Clause—<br> <b>“Screening for traumatic brain injuries</b><br> (1) The Secretary of State must undertake an assessment of the potential costs and benefits of screening all prisoners for traumatic brain injuries at the start of their custodial sentence.<br> (2) The assessment should consider—<br> (a) how screening for traumatic brain injuries could inform the management of a prisoner’s sentence,<br> (b) the health services and rehabilitation programmes available for prisoners with traumatic brain injuries, and<br> (c) any other matters that the Secretary of State deems appropriate.<br> (3) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment made under this section before Parliament.”

<p>This new clause would require the Secretary of State to carry out an assessment of the potential benefits of introducing standardised screening for traumatic brain injuries for prisoners starting a custodial sentence.</p>

NC11

To move the following Clause—<br> <b>“Suspension of driving licences during bail for driving related offences</b><br> (1) This section applies where an individual has been granted bail in respect of one of the following offences—<br> (a) dangerous or careless driving;<br> (b) drink driving; or<br> (c) drug driving.<br> (2) The court may suspend the driving licence of the individual, pending the outcome of any criminal proceedings.”

<p>This new clause would allow the court to suspend the driving licence of an individual charged for certain driving offences, pending the outcome of the trial.</p>

NC12

To move the following Clause—<br> <b>“Access to rehabilitation programmes and education for individuals held on remand</b><br> (1) Where an individual is held in custodial remand pending sentencing, the probation service must provide access to the same rehabilitative programmes that are available to prisoners after sentencing.<br> (2) Where an individual is held in custodial demand pending trial, the probation service must provide access to the same—<br> (a) education;<br> (b) therapy; and<br> (c) any other support that the probation service deems appropriate,<br> <span class="wrapped">that is available to prisoners after sentencing.”</span>

<p>This new clause would allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence.</p>

NC13

To move the following Clause—<br> <b>“Deportation of foreign criminals: European Union (Withdrawal) Act 2018</b><br> (1) Section 32 of the UK Borders Act 2007 is amended as follows.<br> (2) At the start of subsection (5), insert “Notwithstanding the provisions of section 7A of the European Union Withdrawal Act 2018,”.”

<p>This new clause would seek to disapply section 7A of the European Union (Withdrawal) Act 2018 (as amended under the Windsor Framework) to the deportation of foreign criminals, with the aim of preventing the courts from disapplying those provisions to Northern Ireland if they are deemed incompatible with the EU Charter of Fundamental Rights.</p>

1

Clause 4, page 14, line 10, after “(including victims of crime” insert “, ensuring their protection from further physical or psychological harm”

<p>This amendment would amend the statutory purposes of sentencing to incorporate safeguarding victims from further physical or psychological harm.</p>

2

Clause 24, page 49, line 14, at end insert—<br> “(10) The Secretary of State must, before laying regulations commencing subsection (4) of this section, undertake an assessment of the potential effects of a driving prohibition condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (11) The Secretary of State must lay before Parliament a report of the assessment carried out under subsection (10) including recommendations on—<br> (a) offender rehabilitation,<br> (b) offender reintegration, and<br> (c) any other matters that the Secretary deems appropriate.”

<p>This amendment would require the Secretary of State, before commencing the driving prohibition provisions in the Bill, to publish a report on their potential effects on the ability of ex-offenders to attend employment, education and rehabilitation providers.</p>

3

Clause 24, page 49, line 14, at end insert—<br> “(10) The Secretary of State must, before laying regulations commencing subsection (7) of this section, undertake and publish an assessment of the potential effects of a restriction zone condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (11) The court may provide for exemptions in a restriction zone condition to allow a person to attend employment, education or a rehabilitation programme.<br> (12) A probation officer may vary a restriction zone condition imposed by the court to allow a person to attend employment, education or a rehabilitation programme.<br> (13) The Secretary of State must lay before Parliament, each year, a report on—<br> (a) the number of people subject to a restriction zone condition,<br> (b) the number of cases where a restriction zone condition has included an exemption or modification to allow a person to attend employment, education or a rehabilitation programme, and<br> (c) evidence on the effects of restriction zone conditions on reoffending and rehabilitation.”

<p>This amendment would require the Secretary of State, before implementing the relevant provisions, to assess the potential effects of a restriction zone condition on an ex-offender’s ability to attend education, employment or a rehabilitation programme. It would allow for exemptions to restriction zone conditions, and require an annual report on their use and effectiveness.</p>

NC63

To move the following Clause— "Expiry This Act expires at the end of the period of 2 years beginning with the day on which it is passed.”

46

Clause 1, page 1, line 14, leave out “not more” and insert “less”

<p>The presumption for a suspended sentence would apply to sentences of less than 12 months.</p>

47

Clause 1, page 1, line 14, after “months” insert “before any credit is given for a guilty plea”

<p>The presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea.</p>

50

Clause 1, page 1, line 17, after “order” insert “with the maximum operational period”

<p>This would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

48

Clause 1, page 3, line 8, after “individual” insert “or the public”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at significant risk of harm.</p>

49

Clause 1, page 3, line 8, after “at” leave out “significant”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at risk of harm.</p>

51

Clause 1, page 4, line 3, leave out “not more” and insert “less”

<p>The presumption for a suspended sentence would apply to sentences of less than 12 months.</p>

52

Clause 1, page 4, line 3, after “12 months” insert “before any credit is given for a guilty plea”

<p>The presumption for a suspended sentence would apply to sentences before credit is given for a guilty plea (typically one third).</p>

55

Clause 1, page 4, line 6, after “order” insert “with the maximum operational period”

<p>This would mean that all suspended sentences given in place of immediate custody would be suspended for the maximum period.</p>

36

Clause 1, page 4, line 11, at end insert “, or the court is of the opinion that, having considered the basis of opinion provisions in section 77 Sentencing Act 2020, it should mitigate the sentence to one of a community sentence as provided for in that section.”

53

Clause 1, page 5, line 15, after “individual” insert “or the public”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at significant risk of harm.</p>

54

Clause 1, page 5, line 15, leave out “significant”

<p>The presumption for a suspended sentence would not apply where the court was of the opinion that not imposing an immediate custodial sentence would put an individual or the public at risk of harm.</p>

26

Page 1, line 4, leave out Clause 1

27

Page 6, line 23, leave out Clause 2

29

Clause 3, page 10, leave out lines 4 to 6 and insert—<br> “(3) For the purposes of subsection (2), “monthly income” means monthly income after deduction of—<br> (a) such amounts as are required to be paid or deducted from the offender’s income under, or by virtue of, any enactment, or<br> (b) such amounts as may be specified in the regulations.”

<p>This amendment changes the definition of “monthly income” for the purposes of income reduction orders so that any amount of money that is required to be paid or deducted from an offender’s monthly income as a result of other enactments (such as child support maintenance payments or under an attachment of earnings order) is not counted for those purposes.</p>

30

Clause 6, page 14, leave out lines 29 to 32 and insert—<br> “(1) This section applies if—<br> (a) a court is passing sentence for an offence,<br> (b) the court has indicated that it appears the offence may have involved domestic abuse, and<br> (c) having regard to any evidence and any representations that are made by or on behalf of the offender or the prosecution, the court is of the view that the offence involved domestic abuse.”

<p>This amendment introduces two procedural safeguards before a court can record that an offence involved domestic abuse: first, the court must have indicated that it appears the offence may have involved domestic abuse; and, second, the court must have given an opportunity to the offender and prosecution to adduce evidence and make representations before coming to the view that an offence involved domestic abuse.</p>

31

Clause 6, page 15, leave out lines 9 to 12 and insert—<br> “(1) This section applies if—<br> (a) a court or officer is passing sentence for an offence,<br> (b) the court or officer has indicated that it appears the offence may have involved domestic abuse, and<br> (c) having regard to any evidence and any representations that are made by or on behalf of the offender or the prosecution, the court or officer is of the view that the offence involved domestic abuse.”

<p>This amendment introduces two procedural safeguards before a court can record that a service offence involved domestic abuse: first, the court must have indicated that it appears the service offence may have involved domestic abuse; and, second, the court must have given an opportunity to the offender and prosecution to adduce evidence and make representations before coming to the view that the service offence involved domestic abuse.</p>

38

Page 35, line 19, leave out Clause 18

39

Page 35, line 32, leave out Clause 19

24

Clause 20, page 37, line 14, at end insert—<br> “(ab) but sections 244ZA(8)(a) and (aa) do not apply to any person convicted of—<br> (a) rape;<br> (b) assault by penetration; <br> (c) rape of a child under 13; <br> (d) assault of a child under 13 by penetration;<br> (e) inciting a child under 13 to engage in sexual activity;<br> (f) paying for the sexual services of a child aged under 13; <br> (g) kidnapping or false imprisonment with the intention of committing a sexual offence;<br> (h) creating or possessing indecent photographs of children; <br> (i) grievous bodily harm;<br> (j) grooming; <br> (k) stalking; <br> (l) causing or allowing the death of a vulnerable child or adult; or<br> (m) death by dangerous driving, and <br> (ac) but sections 244ZA(8)(a) and (aa) cannot come into force until the Secretary of State has consulted on and ensured exclusions for all offences considered to be serious violence, offences against children, sexual offences and domestic abuse offences, and”

<p>This amendment would disapply the clause 20 early release provisions of the Bill in relation to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.</p>

28

Page 36, line 14, leave out Clause 20

41

Clause 24, page 46, leave out lines 20 to 23

<p>This amendment would leave out the Bill’s provision to give probation officers more discretion in relation to licence conditions.</p>

34

Clause 24, page 46, line 23, at end insert—<br> “(c) after subsection (4A) insert—<br> “(4B) In exercising any power under subsection (4)(b), the Secretary of State must have regard to any representations made by the offender.””

<p>This amendment introduces a right for those being made subject to licence conditions to make representations as to their necessity and proportionality.</p>

35

Clause 24, page 46, line 23, at end insert—<br> “(c) after subsection (4A) insert—<br> “(4B) The Secretary of State must not include a condition under subsection (4)(b)(di) (a restriction zone condition) in a licence, either on release or subsequently, or vary or cancel any such condition included in a licence, unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).””

<p>This amendment introduces a requirement for the Parole Board to have oversight of new restriction zones which will confine offenders to specific areas in the community while on licence.</p>

44

Clause 24, page 48, line 17, at end insert—<br> “(10) The Secretary of State must, before laying regulations commencing subsection (4) of this section, undertake an assessment of the potential effects of a driving prohibition condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (11) The Secretary of State must lay before Parliament a report of the assessment carried out under subsection (10) including recommendations on—<br> (a) offender rehabilitation,<br> (b) offender reintegration, and<br> (c) any other matters that the Secretary deems appropriate.”

<p>This amendment would require the Secretary of State, before commencing the driving prohibition provisions in the Bill, to publish a report on their potential effects on the ability of ex-offenders to attend employment, education and rehabilitation providers.</p>

45

Clause 24, page 48, line 17, at end insert—<br> “(10) The Secretary of State must, before laying regulations commencing subsection (7) of this section, undertake and publish an assessment of the potential effects of a restriction zone condition on a person’s ability to attend—<br> (a) employment,<br> (b) education, or<br> (c) a rehabilitation programme.<br> (11) The court may provide for exemptions in a restriction zone condition to allow a person to attend employment, education or a rehabilitation programme.<br> (12) A probation officer may vary a restriction zone condition imposed by the court to allow a person to attend employment, education or a rehabilitation programme.<br> (13) The Secretary of State must lay before Parliament, each year, a report on—<br> (a) the number of people subject to a restriction zone condition,<br> (b) the number of cases where a restriction zone condition has included an exemption or modification to allow a person to attend employment, education or a rehabilitation programme, and<br> (c) evidence on the effects of restriction zone conditions on reoffending and rehabilitation.”

<p>This amendment would require the Secretary of State, before implementing the relevant provisions, to assess the potential effects of a restriction zone condition on an ex-offender’s ability to attend education, employment or a rehabilitation programme. It would allow for exemptions to restriction zone conditions, and require an annual report on their use and effectiveness.</p>

33

Clause 26, page 50, line 3, at end insert—<br> “(1A) In section 254 (recall of prisoners while on licence), in subsection (1) after “prison” insert—<br> “where there is evidence of consistent non-compliance with licence conditions or a specific and imminent risk of harm.”

<p>This amendment gives effect to the recommendation 4.3 of the Independent Sentencing Review for “stricter criteria and thresholds” for recall.</p>

32

Clause 35, page 65, line 33, at end insert—<br> “(7) Before making regulations under section 46 to bring this section into force, the Secretary of State must issue a code of practice giving guidance to providers of probation services about how to discharge those functions lawfully having regard to—<br> (a) section 6 of the Human Rights Act 1998, and<br> (b) the data protection legislation (see section 3 of the Data Protection Act 2018).<br> (8) The Secretary of State may not issue a code of practice under subsection (7) unless— <br> (a) the Secretary of State has consulted providers of probation services and any other person the Secretary of State considers appropriate about a draft of the code,<br> (b) the Secretary of State has laid a draft of the code before each House of Parliament, and<br> (c) each House of Parliament has by a resolution approved the draft of the code.”

<p>This amendment prevents clause 35 from being brought into force until the Secretary of State has issued a code of practice to providers of probation services about how to take and publish photographs lawfully in light of the Human Rights Act 1998 and the data protection legislation. Before issuing a code of practice, the Secretary of State must consult providers of probation services, lay a draft before Parliament and obtain approval from both Houses.</p>

42

Clause 36, page 66, leave out lines 15 to 31

<p>This amendment would remove the Bill’s provisions giving probation officers more discretion in relation to the termination of a community order.</p>

43

Clause 37, page 67, leave out from line 28 to line 2 on page 68

<p>This amendment would remove the Bill’s provisions giving probation officers more discretion in relation to the termination of the supervision period within a suspended sentence order.</p>

25

Page 68, line 24, leave out Clause 38

NC6

To move the following Clause—<br> <b>“Lifetime driving ban for death by dangerous or careless driving and related offences</b><br> (1) This section applies where a person is convicted of an offence under sections 1, 2B, 3ZB, 3ZC or 3A of the Road Traffic Act 1988.<br> (2) Where this section applies, notwithstanding the provisions of Chapter 1 of Part 8 of the Sentencing Code (Driving disqualification), the driver must be banned from driving for life.”

<p>This new clause would mean that anyone who causes death by dangerous or careless driving (or related offences) would be banned from driving for life.</p>

NC7

To move the following Clause—<br> <b>“Under-18 anonymity for cases involving serious crime</b><br> (1) This section applies where a person (“P”) aged under 18—<br> (a) has been convicted of an offence; and<br> (b) will receive a custodial sentence of four or more years.<br> (2) Where this section applies, prior to delivering sentencing remarks, the court must lift any reporting restrictions identifying P.<br> (3) This section applies notwithstanding the provisions of Chapter IV of the Youth Justice and Criminal Evidence Act 1999.”

<p>This new clause would require reporting restrictions to be lifted at the point of sentencing for young offenders who have received a sentence of four or more years.</p>

NC8

To move the following Clause—<br> <b>“Victim personal statements</b><br> (1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.<br> (2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.<br> (3) The court must disregard any prejudicial comments made during a victim personal statement.”

<p>This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.</p>

NC9

To move the following Clause—<br> <b>“Duty to collect and publish data on sentencing</b><br> (1) Within 24 hours of the conclusion of the passing of a sentence, the relevant court must provide HM Courts and Tribunals Service (“HMCTS”) with information regarding—<br> (a) the offence category;<br> (b) the sentence length; and<br> (c) such information about the sentenced individual as the Secretary of State may specify in regulations, but which must include—<br> (i) nationality,<br> (ii) sex at birth,<br> (iii) country of birth,<br> (iv) method of entry to the United Kingdom,<br> (v) visa route,<br> (vi) visa status, and<br> (vii) asylum status.<br> (2) HMCTS must collect and record the information set out in subsection (1) in a safe and secure manner.<br> (3) The Secretary of State must publish statistics on the information set out in subsection (1) no less than once every three months.”

<p>This new clause would require HMCTS to collect data and other information on sentencing and sentenced offenders, and would require the Government to publish statistics on that data every three months.</p>

NC10

To move the following Clause—<br> <b>“Court transcripts of sentencing remarks</b><br> (1) All transcripts of sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.<br> (2) All published sentencing remarks must be made freely available, including online.”

<p>This new clause would require all sentencing remarks made in the Crown Court to be published and made available to all.</p>

NC11

To move the following Clause—<br> <b>“Prohibited steps orders</b><br> (1) The Children Act 1989 is amended as follows.<br> (2) In section 8 (Child arrangements orders and other orders with respect to children), in the closing words of subsection (3), after “include” insert “proceedings in the Crown Court or Magistrate’s Court under section 10A or”.<br> (3) After section 10 insert—<br> <b>“10A</b> <b>Duty of a sentencing court to make a prohibited steps order in respect of sexual offences</b><br> (1) This section applies where an offender has parental responsibility for a child and the offender is convicted of a sexual offence involving any child victim.<br> (2) Where this section applies, a court must make a prohibited steps order when sentencing the offender.<br> (3) A prohibited steps order made under this section must—<br> (a) cease to have effect if an offender is acquitted on appeal for the offence in relation to which the prohibited steps order was imposed; and<br> (b) continue to have effect during an offender’s licence period after release for the relevant offence.<br> (4) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (Proceedings and decisions) as if it were made by the family court.””

<p>This new clause would require the courts to make a “prohibited steps order” (PSO) – preventing a parent from taking a specific action or set of actions regarding their child – after the conviction of a person with parental responsibilities for a sexual offence involving a child victim.</p>

NC12

To move the following Clause—<br> <b>“Unduly lenient sentences scheme: victims</b><br> (1) The Criminal Justice Act 1988 is amended as follows.<br> (2) In section 36 (Reviews of sentencing), after subsection (2) insert—<br> “(2A) An application may be made to the Attorney General to review any sentence passed by a Crown Court under the terms set out in this section.<br> (2B) An application under subsection (2A) must be made within—<br> (a) one year of the sentence being passed, if the application is made by—<br> (i) the victim of the offence for which the sentence was passed; or<br> (ii) the next of kin of a deceased victim or a victim who lacks capacity; or<br> (b) 56 days of the sentence being passed, if made by any other person.<br> (2C) The Crown Prosecution Service must write to—<br> (a) any victim of any offence for which a sentence has been passed in the Crown Court; or<br> (b) the next of kin of any deceased victim;<br> <span class="wrapped">within 10 working days of a sentence being passed, to provide details of the Unduly Lenient Sentence scheme, the application process for the scheme, and the deadlines set out in subsection (2B) of this section.””</span>

<p>This new clause would extend the deadline for applications to the Unduly Lenient Sentences Scheme from 28 days to 56 days, or for a year for victims of crime (or the next of kin of deceased victims). It would also require the CPS to notify victims about the scheme.</p>

NC13

To move the following Clause—<br> <b>“Sexual offences: Offender Personality Disorder Pathway</b><br> (1) The Prison Rules 1999 are amended as follows.<br> (2) In paragraph 20 (Health services), after sub-paragraph (1), insert—<br> “(1A) Provision under subsection (1) must include access, for all eligible prisoners serving custodial sentences for sexual offences, to services provided under the Offender Personality Disorder Pathway.””

<p>This new clause would require the Government to provide access to the Offender Personality Disorder Pathway to all eligible prisoners serving sentences for sexual offences.</p>

NC14

To move the following Clause—<br> <b>“Sexual offences: chemical suppression</b><br> Within one year of the passing of this Act, the Secretary of State must publish and lay before Parliament a report on how most effectively to introduce mandatory chemical suppression for certain individuals serving sentences for sexual offences, with appropriate legal and clinical safeguards.”

<p>This new clause would require the Government to publish a report on mandatory chemical suppression for certain sex offenders.</p>

NC15

To move the following Clause—<br> <b>“Sentencing Council: abolition</b><br> (1) The Sentencing Council (established under section 118 of the Coroners and Justice Act 2009) is abolished. <br> (2) The Secretary of State may prepare—<br> (a) sentencing guidelines which may be general in nature or limited to a particular offence, particular category of offence or particular category of offender; <br> (b) sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Code (reduction in sentences for guilty pleas); and<br> (c) sentencing guidelines about the application of any rule of law as to the totality of sentences.<br> (3) The Secretary of State may prepare sentencing guidelines about any other matter.<br> (4) When developing sentencing guidelines, the Secretary of State must—<br> (a) promote understanding of, and public confidence in, the sentencing and criminal justice system;<br> (b) consult Parliament on all draft guidelines; and<br> (c) publish the reasons for proposing any guidelines that could result in an offender receiving a shorter sentence than that set out in an Act of Parliament.<br> (5) The Secretary of State may report, from time to time, on the impact of sentencing guidelines on sentencing practice.<br> (6) The Secretary of State must monitor—<br> (a) the application of the sentencing guidelines; and<br> (b) the impact on victims of sentencing decisions.<br> (7) The Secretary of State may by regulations make further provision under this section.”

<p>This new clause would abolish the Sentencing Council, give the Secretary of State the power to publish Sentencing guidelines, and impose various requirements linked to consultation and monitoring.</p>

NC16

To move the following Clause—<br> <b>“Whole life order: murder of a police or prison officer</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 2 of Schedule 21 (Determination of minimum term in relation to mandatory life sentence for murder etc), in sub-paragraph (2)(c), after “duty,”, insert “or if the motivation for the murder was connected to the police officer or prison officer’s current or former duties,””

<p>This new clause would expand the circumstances in which it is appropriate to apply a whole life order for murdering a prison or police officer, to include murder motivated by the victim's current or former duties.</p>

NC17

To move the following Clause—<br> <b>“Management of offenders: devolution to Wales</b><br> (1) Schedule 7A of the Government of Wales Act 2006 is amended as follows.<br> (2) In Paragraph 175 (Prisons and offender management)—<br> (a) omit sub-paragraph (2); and<br> (b) in sub-paragraph (3), omit “probation”<br> (3) The Secretary of State may by regulations make further provision under this section.”

<p>This new clause seeks to devolve probation services and offender management to Wales, by removing it from the list of reserved matters in the Government of Wales Act 2006.</p>

NC18

To move the following Clause—<br> <b>“Reporting on use of electronic monitoring requirements </b><br> In the Sentencing Code, in Part 14 of Schedule 9 (electronic monitoring), after paragraph 35 insert—<br> “36(1) The Secretary of State must as soon as reasonably practicable after the end of each calendar year prepare a report on the imposition of the electronic monitoring requirements during that year. <br> (2) The report must set out—<br> (a) the number of electronic monitoring requirements imposed during the year;<br> (b) the number of electronic monitoring requirements imposed on offenders under 18 during the year;<br> (c) the rate of compliance with the electronic monitoring requirements during the year;<br> (d) the cost of administering the electronic monitoring requirements during the year;<br> (e) the average amount of time taken during the year to activate a device used for the purposes of an electronic monitoring requirement after such a requirement took effect;<br> (f) the number of devices used for the purposes of the electronic monitoring requirements that malfunctioned during the year.<br> (3) The Secretary of State must—<br> (a) publish the report, and<br> (b) lay a copy of the published report before Parliament.””

<p>This new clause requires the Secretary of State to prepare and publish a report each calendar year on the use of electronic monitoring requirements. The report must include the number of electronic monitoring requirements imposed each year, the rate of compliance and the cost of administering the requirements each year. The report must be laid before Parliament.</p>

NC19

To move the following Clause—<br> <b>“Re-sentencing those serving a sentence of imprisonment for public protection</b><br> (1) The Lord Chancellor must make arrangements to ensure that every person serving an IPP sentence, whether in prison or the community, has been re-sentenced in accordance with this section within 24 months of the day on which this Act is passed.<br> (2) The Lord Chancellor must establish a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).<br> (3) The committee established by virtue of subsection (2) must—<br> (a) include a judge nominated by the Lord Chief Justice; and<br> (b) within 12 months of being appointed, lay a report before Parliament on the process of re-sentencing individuals serving an IPP sentence.<br> (4) The Lord Chancellor may disband the committee established under subsection (2) after a report has been laid under subsection (3)(b).<br> (5) The Lord Chancellor must disband the committee once all those serving IPP sentences have been re-sentenced under this section.<br> (6) Subject to subsection (8), a Crown Court designated by the Lord Chancellor (“the re-sentencing court”) must re-sentence a person serving an IPP sentence in relation to the offence or offences for which they were previously sentenced to an IPP sentence.<br> (7) The re-sentencing court must not impose a sentence more severe than the notional determinate sentence upon which the IPP sentence was based.<br> (8) The re-sentencing court may confirm the IPP sentence only if—<br> (a) the re-sentencing court determines that, at the date of the original sentencing, ignoring the alternative of an IPP sentence, the person serving the IPP sentence might appropriately have received a whole life order under section 321 of the Sentencing Act 2020; and<br> (b) at the date of re-sentencing, there is a substantial risk of P committing a further offence if released.<br> (9) The re-sentencing court may only confirm an IPP sentence where the judge hearing the matter is authorised to try cases of murder.<br> (10) The re-sentencing court may recommend that the re-sentenced person may be subject to an extended licence, if the re-sentencing court considers this appropriate.<br> (11) In relation to the exercise of the power in subsection (6)—<br> (a) that power is to be treated as a power to re-sentence under section 402(1) of the Sentencing Act 2020;<br> (b) the Sentencing Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).<br> (12) The Lord Chancellor must, at the end of every twelve-month period beginning with the day this section comes into force, lay before Parliament a report that sets out—<br> (a) the number of persons who have been re-sentenced under subsection (6);<br> (b) the number of persons who have had their sentences confirmed under subsection (8).<br> (13) For the purposes of this section, “IPP sentence” means—<br> (a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003; or<br> (b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003; or<br> (c) a sentence of indeterminate imprisonment or detention passed as a result of sections 219 or 221 of the Armed Forces Act 2006;<br> (14) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This new clause would implement the recommendation of the Justice Select Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.</p>

NC20

To move the following Clause—<br> <b>“Provision for a prisoner to apply to the Parole Board for a licence termination review following expiry of the qualifying period on annual basis</b><br> (1) The Crime (Sentences) Act 1997 is amended as follows.<br> (2) In section 31A (imprisonment or detention for public protection: termination of licences), after subsection (3) insert—<br> “(3A) Where—<br> (a) the prisoner has been released on licence under this Chapter;<br> (b) the qualifying period has expired; and<br> (c) if his case has been considered for termination previously by the Parole Board and a period of at least twelve months has expired since the disposal of that application,<br> <span class="wrapped">the prisoner may make an application to the Parole Board under this subsection.”</span><br> (3) In subsection (4)—<br> (a) after “reference” insert “or application”;<br> <span class="wrapped">after “subsection (3)” insert “or (3A)”.”</span>

<p>This new clause would allow a prisoner whose licence has not been terminated by the Parole Board two or three years after their first release to make an application annually to the Parole Board for termination. This would increase the opportunities for licences to be terminated.</p>

NC21

To move the following Clause—<br> <b>“Further release after recall: requirement for a review</b><br> (1) Before sections 27 to 30 come into force, the Secretary of State must publish a review of the effectiveness of Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025, including but not limited to—<br> (a) an evaluation of its impact on—<br> (i) public protection;<br> (ii) rehabilitation;<br> (iii) reconviction;<br> (iv) probation capacity and resource; and<br> (b) an assessment of how any learning from the evaluation specified in subsection (1)(a) will be applied to the implementation of the provisions of sections 27 to 30 of this Act.<br> (2) A copy of the review must be laid before both Houses of Parliament.”

<p>This new clause provides an opportunity for the current legislation for recall to be reviewed prior to new legislation being rolled out, to ensure it is effective and adequately protects the public.</p>

NC22

To move the following Clause—<br> <b>“Review of sentence following a change in law</b><br> (1) Where a person is serving or subject to a sentence imposed for an offence, and—<br> (a) the offence has been abolished, or<br> (b) there has been a change in the law which materially alters the sentence that would be imposed for the same offence following that change in the law,<br> <span class="wrapped">that person may apply to the sentencing court, or to such other court as may be prescribed, for a review of the sentence.</span><br> (2) On such an application, the court may—<br> (a) quash the sentence and resentence the person in accordance with the existing law; or<br> (b) make such other order as necessary in the interests of justice.<br> (3) The Secretary of State may by regulations make provision for the procedure and eligibility criteria for applications under this section.”

<p>This new clause would allow a person still serving a sentence under a law that has changed to seek review or resentencing in line with the existing law.</p>

NC23

To move the following Clause—<br> <b>“Review of the impact of a change in the law on unspent convictions</b><br> (1) The Secretary of State must, within 12 months of the passing of this Act, lay before Parliament a report reviewing—<br> (a) the effect of changes in the criminal law, whether legislative or judicial, on those serving sentences for offences that would attract a different sentence following the subsequent changes to the criminal law; and<br> (b) the adequacy of existing mechanisms for addressing any perceived injustice arising from such changes.<br> (2) The Secretary of State must thereafter lay a further report under subsection (1) every three years.<br> (3) A report made under this section must include—<br> (a) recommendations for legislative or administrative steps to prevent any instances of injustice arising from changes in the law; and<br> (b) data on the number of persons serving sentences in the scenario set out in subsection (1)(a) and,of those, the number who remain imprisoned.”

<p>This new clause would create a statutory duty for the Government to review, on a recurring basis, how changes to the law affect those already convicted or sentenced.</p>

NC24

To move the following Clause—<br> <b>“Sentencing Council</b><br> The Sentencing Council of England and Wales is abolished.”

NC25

To move the following Clause—<br> <b>“Deportation of foreign criminals</b><br> (1) A foreign criminal who has been sentenced to—<br> (a) a custodial sentence of at least 6 months; or<br> (b) a community sentence of at least 6 months,<br> <span class="wrapped">must be the subject of an immediate deportation order, subject to subsection (2) below.</span><br> (2) The Secretary of State may determine, in exceptional cases, that a deportation order under subsection (1) does not apply.<br> (3) In this section, “foreign criminal” means a person who—<br> (a) is not a British citizen or an Irish citizen, and<br> (b) is convicted in the United Kingdom of an offence.”

<p>This new clause is intended to replace Clause 42. It would apply an automatic deportation order to foreign criminals sentenced to at least six months’ imprisonment or a six month community sentence.</p>

NC26

To move the following Clause—<br> <b>“Criminal cases review</b><br> (1) The Criminal Justice Act 1988 is amended as follows.<br> (2) After section 36 (Reviews of sentencing), insert—<br> “Part IVB<br> <b>CRIMINAL CASES REVIEW (PUBLIC PETITION)</b><br> <b>36A</b> <b>Scope of this Part</b><br> (1) A case to which this Part applies may be referred to the Court of Appeal under section 2 below.<br> (2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36B shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part shall be construed as references to that division.<br> (3) This Part applies to any case—<br> (a) of a description specified in an order under this section; or<br> (b) in which sentence is passed on a person—<br> (i) for an offence triable only on indictment; or<br> (ii) for an offence of a description specified in an order under this section.<br> (4) The Secretary of State may by order provide that this section shall apply to any case of a description specified in the order or to any case in which sentence is passed on a person for an offence triable either way of a description specified in the order.<br> (5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.<br> (6) In this Part, “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.<br> (7) In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).<br> (8) Subsection (2) shall not apply to Northern Ireland.<br> (9) In this section—<br> “offence triable only on indictment” means an offence punishable only on conviction on indictment;<br> “offence triable either way” means an offence punishable on conviction on indictment or on summary conviction; and<br> <span class="wrapped">any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.</span><br> (10) For subsection (5), in Northern Ireland an order under subsection (4) shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).<br> (11) References in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.<br> <b>36B</b> <b>Criminal cases review (public petition)</b><br> (1) If it appears to any adult British citizen aged 18 or over—<br> (a) that the sentencing of a person in a proceeding in the Crown Court (“the person sentenced”) has been unduly lenient or unduly harsh; and<br> (b) that the case is one to which section 36A applies,<br> that British citizen (“the petitioner”) may refer the case to the Criminal Cases Review Commission (“the Commission”) for it to review the sentencing of the person sentenced, in accordance with section 36C below, and if the Commission refers the case to the Court of Appeal, upon such a reference the Court of Appeal may—<br> (i) quash any sentence passed on the person sentenced; and<br> (ii) in place of it pass such sentence as they think appropriate for the case and as the lower court had power to pass when dealing with the person sentenced,<br> <span class="wrapped">provided that the petitioner has filed the reference with the Commission in writing, signed by at least 500 signatures (“the co-petitioners”) including his own.</span><br> (2) The Secretary of State may by regulations stipulate the information and form that the petitioner must provide when filing the reference.<br> (3) Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied whether or not it appears that the judge—<br> (a) erred in law as to his powers of sentencing; or<br> (b) failed to comply with a mandatory sentence requirement under section 399(b) or (c) of the Sentencing Code.<br> (4) For the purposes of this Part, any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.<br> (5) Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code, the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.<br> (6) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.<br> (7) Where the Court of Appeal has concluded its review of a case referred to it under this section, and given its judgment thereon, the Court of Appeal, the petitioner or the person sentenced may refer a point of law involved in any sentence passed on the person sentenced to the Supreme Court for its opinion, and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.<br> (8) A reference under subsection (6) shall be made only with the leave of the Court of Appeal or the Supreme Court and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court.<br> (9) For the purpose of dealing with a case under this section, the Supreme Court may exercise any powers of the Court of Appeal.<br> (10) In the application of this section to Northern Ireland—<br> (a) subsection (2)(b) shall read as if for the words after “failed to” there were substituted “impose a sentence required by—<br> (i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,<br> (ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,<br> (iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or<br> (iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”.<br> (b) the references to sections 11 and 35(1) of the Criminal Appeal Act 1968 shall be read as references to sections 10(2) and 33(1) of the Criminal Appeal (Northern Ireland) Act 1980, respectively; and<br> (c) the reference in subsection (3A) to a minimum term order made under section 321 of the Sentencing Code shall be read as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.<br> <b>36C</b> <b>The Commission</b><br> (1) The Commission under section 36B is the same body as that established under section 8 of the Criminal Appeal Act 1995 and the provisions of section 8 of the Criminal Appeal Act 1995 shall apply to the role of the Commission under this Part.<br> (2) Sections 9, 10, and 12A to 25 of the Criminal Appeal Act 1995 shall apply to this Part.<br> (3) The Commission must review all cases referred to it within 8 weeks of receiving any such referral and must, within that time, make its decision.<br> (4) If the Commission decides that the case should be referred to the Court of Appeal by reason of an unduly harsh sentence then, immediately upon receipt of the referral, the Court of Appeal must make an order that the person sentenced be released on temporary licence (“ROTL”) until further order of the court, and the Court of Appeal must also determine suitable bail conditions, if any and the person sentenced must remain ROTL until the Court of Appeal has determined the referral.””

NC27

To move the following Clause—<br> <b>“Foreign criminals: stalking</b><br> (1) The UK Borders Act 2007 is amended as follows.<br> (2) After section 32 (Automatic deportation) insert—<br> <b>“32A</b> <b>Deportation following stalking offences</b><br> (1) This section applies where a foreign criminal—<br> (a) has been convicted of an offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; and<br> (b) is subject to a deportation order under this Act.<br> (2) Where this section applies, prior to deportation, a risk assessment must be prepared to assess the likelihood after deportation of the foreign criminal—<br> (a) committing an offence which, were it to be committed in England or Wales, would constitute a further offence under sections 2A or 4A of the Protection from Harassment Act 1997 or section 42A of the Criminal Justice and Police Act 2001; or<br> (b) contacting or seeking to contact the victim of the offence for which the foreign criminal was convicted in England or Wales.<br> (3) A risk assessment prepared under this section must be shared, subject to the requirements of the Data Protection Act 2018, with the relevant authorities in the country to which the foreign criminal will be deported.<br> (4) The Secretary of State may by regulations make further provision under this section.””

<p>This new clause would require the preparation of a risk assessment for any foreign criminal being deported after a stalking conviction, and for the assessment to be shared with the authorities in the country to which the offender is returning.</p>

NC28

To move the following Clause—<br> <b>“Gambling treatment requirement</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In section 201 (community order: community order requirements table), after the entry in the table relating to the alcohol abstinence and monitoring requirement, insert—<br> "(3) In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 12 insert—”<br> “Part 12a<br> <b>GAMBLING TREATMENT REQUIREMENT</b><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">26A(1)</span><span class="sub-para-text">In this Code “gambling treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must seek gambling addiction treatment through the National Health Service.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In this paragraph—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">“gambling treatment”, in relation to an offender, means—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">treatment provided through a specialist NHS gambling service or gambling clinic; or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">another form of NHS treatment determined by a qualified clinician to have the best chance of reducing or eliminating the offender’s gambling addiction; and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">”qualified clinician” means an NHS clinical psychologist or a psychiatrist with appropriate professional qualifications.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Sub-paragraphs (4) and (5) apply to a relevant order which imposes a gambling treatment requirement.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">The order may specify separate periods comprising the period specified under sub-paragraph (1).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">For each treatment period, the order may specify the treatment provider but must not otherwise specify the nature of the treatment.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In sub-paragraph (5), “treatment period” means—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">if the order specifies separate periods under sub-paragraph (4), any of those periods;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">otherwise, the period specified under sub-paragraph (1).””</span></span>

<p>This new clause would introduce a new gambling treatment requirement, requiring an offender to seek NHS gambling addiction treatment as part of a community order.</p>

NC29

To move the following Clause—<br> <b>“Gambling addiction: support for offenders</b><br> (1) The Secretary of State must, within six months of the passing of this Act, publish a report on how the Government will ensure that—<br> (a) sentencing courts treat gambling disorder as a mental disorder for the purposes of section 232 of the Sentencing Code;<br> (b) sentencing courts have access to appropriate clinical advice on the impact of a gambling disorder on offending behaviour, where relevant; and<br> (c) offenders have access to treatment and peer support for gambling disorder, both in prison and in the community.<br> (2) Within twelve months of the publication of a report under subsection (1) above and annually thereafter, the Secretary of State must publish a further report on progress against the objectives set out in subsection (1).”

<p>This new clause would require the Government to report to Parliament on how it will improve support for offenders with gambling addictions and ensure that gambling disorder is recognised as a mental health condition by sentencing courts.</p>

NC30

To move the following Clause—<br> <b>“Re-sentencing those serving a sentence of imprisonment for public protection</b><br> (1) The Lord Chancellor must make arrangements for, and relating to, the re-sentencing of all prisoners serving IPP sentences within 18 months beginning on the day on which this Act is passed.<br> (2) Those arrangements must include arrangements relating to the establishment of a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).<br> (3) The committee established by virtue of subsection (2) must include a judge nominated by the Lord Chief Justice.<br> (4) A court that imposed an IPP sentence has the power to re-sentence the prisoner in relation to the original offence.<br> (5) But the court may not impose a sentence that is a heavier penalty than the sentence that was imposed for the original offence.<br> (6) In relation to the exercise of the power in subsection (4)—<br> (a) that power is to be treated as a power to re-sentence under the Sentencing Code (see section 402(1) of the Sentencing Act 2020);<br> (b) the Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).<br> (7) In this section—<br> “IPP sentence” means a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act (including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006);<br> “original offence” means the offence in relation to which the IPP sentence was imposed.<br> (8) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”

<p>This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.</p>

NC31

To move the following Clause—<br> <b>“Use of funds raised through income reduction orders</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits and costs of directing the funds raised from income reduction orders into a fund that provides support for victims.<br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under subsection (1) before Parliament.”

<p>This new clause would require the Secretary of State to undertake an assessment of the potential benefits of using the monies raised through income reduction orders to fund support for victims.</p>

NC32

To move the following Clause—<br> <b>“Probation caseloads</b><br> (1) The Secretary of State must, before laying regulations to commence the provisions in this Act, establish maximum caseload limits for probation officers supervising individuals subject to—<br> (a) licence conditions;<br> (b) community orders; or<br> (c) any other form of court-imposed supervision by the probation service.<br> (2) The Secretary of State must, each year, lay before Parliament a report on compliance with the caseload limits set under this section.”

<p>This new clause would require the Secretary of State to set maximum caseloads for probation before implementation of the Act, and to report annually on compliance.</p>

NC33

To move the following Clause—<br> <b>“Access to rehabilitation and support services</b><br> (1) The probation service must ensure all individuals subject to licence conditions, community orders, or other court-imposed supervision have access to—<br> (a) NHS mental health and substance misuse services,<br> (b) education, training and employment support, and<br> (c) approved behaviour change or offender behaviour programmes.<br> (2) The Secretary of State must lay before Parliament, each year, a report on the availability and use of the services provided under subsection (1).”

<p>This new clause would require the probation service to ensure people under its supervision can access mental health and substance misuse services; education, training and support; and approved behaviour change or offender management programmes, and to report annually on the availability and uptake of those services.</p>

NC34

To move the following Clause—<br> <b>“Digital systems for tracking offender progress</b><br> (1) The Secretary of State must, within one year of the passing of this Act, undertake an assessment of the benefits and costs of implementing a digital sentence management system for prisoners and individuals who are subject to supervision by the probation service.<br> (2) The assessment must consider the following potential functions of a sentence management system—<br> (a) tracking offender progress,<br> (b) providing for the sharing of information between the courts, probation service, and other relevant agencies, subject to the UK General Data Protection Regulation and the Data Protection Act 2018,<br> (c) monitoring compliance with rehabilitation programmes, and<br> (d) any other functions that the Secretary of State deems appropriate.”

<p>This new clause would require the Secretary of State to undertake an assessment of implementing a digital sentence management system for prisoners and individuals subject to supervision by the probation service.</p>

NC35

To move the following Clause—<br> <b>“Specialist teams for high-risk or complex offenders</b><br> (1) The probation service must undertake an assessment of the potential benefits of establishing specialist probation teams to supervise—<br> (a) high-risk offenders,<br> (b) offenders with complex mental health needs,<br> (c) offenders with substance misuse needs, and<br> (d) young offenders who are transitioning to adult supervision.<br> (2) The assessment must consider the potential benefits of specialist probation teams having lower average caseloads per probation officer.<br> (3) The assessment must consider the potential arrangements for specialist probation teams accessing support from other relevant agencies.<br> (4) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the probation service to assess the potential benefits of establishing specialist probation teams to supervise offenders who are high-risk; have complex mental health or substance misuse needs; and young offenders transitioning to adult supervision.</p>

NC36

To move the following Clause—<br> <b>“Domestic abuse aggravated offences</b><br> (1) A court must treat an offence committed in England and Wales as domestic abuse aggravated, if—<br> (a) the offender and the victim are personally connected to each other; and<br> (b) the offence involves behaviour which constitutes domestic abuse.<br> (2) In this section—<br> (a) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021, and<br> (b) “personally connected” has the meaning given by section 2 of the Domestic Abuse Act 2021.”

<p>This new clause would require a court to treat a domestic abuse offence as aggravated.</p>

NC37

To move the following Clause—<br> <b>“Rehabilitative programmes for offences relating to violence against women and girls</b><br> (1) The Secretary of State must undertake an assessment of the potential benefits of creating mandatory rehabilitative programmes about women and girls, for individuals sentenced for—<br> (a) assault;<br> (b) battery; or<br> (c) actual bodily harm<br> when the victim is a woman or girl.<br> (2) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment under this section before Parliament.”

<p>This new clause would require the Secretary of State to carry out an assessment of the potential benefits of creating mandatory rehabilitative programmes about women and girls, for individuals sentenced for certain offences.</p>

NC38

To move the following Clause—<br> <b>“Screening for traumatic brain injuries</b><br> (1) The Secretary of State must undertake an assessment of the potential costs and benefits of screening all prisoners for traumatic brain injuries at the start of their custodial sentence.<br> (2) The assessment should consider—<br> (a) how screening for traumatic brain injuries could inform the management of a prisoner’s sentence,<br> (b) the health services and rehabilitation programmes available for prisoners with traumatic brain injuries, and<br> (c) any other matters that the Secretary of State deems appropriate.<br> (3) The Secretary of State must, within a year of the passing of this Act, lay a copy of the assessment made under this section before Parliament.”

<p>This new clause would require the Secretary of State to carry out an assessment of the potential benefits of introducing standardised screening for traumatic brain injuries for prisoners starting a custodial sentence.</p>

NC39

To move the following Clause—<br> <b>“Suspension of driving licences during bail for driving related offences</b><br> (1) This section applies where an individual has been granted bail in respect of one of the following offences—<br> (a) dangerous or careless driving;<br> (b) drink driving; or<br> (c) drug driving.<br> (2) The court may suspend the driving licence of the individual, pending the outcome of any criminal proceedings.”

<p>This new clause would allow the court to suspend the driving licence of an individual charged for certain driving offences, pending the outcome of the trial.</p>

NC40

To move the following Clause—<br> <b>“Access to rehabilitation programmes and education for individuals held on remand</b><br> (1) Where an individual is held in custodial remand pending sentencing, the probation service must provide access to the same rehabilitative programmes that are available to prisoners after sentencing.<br> (2) Where an individual is held in custodial demand pending trial, the probation service must provide access to the same—<br> (a) education;<br> (b) therapy; and<br> (c) any other support that the probation service deems appropriate,<br> that is available to prisoners after sentencing.”

<p>This new clause would allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence.</p>

NC41

To move the following Clause—<br> <b>“No presumption of suspended sentence </b><br> The presumption of a suspended sentence will not apply if the offender is not a British citizen or an Irish citizen.”

NC42

To move the following Clause—<br> <b>“Tagging of offenders receiving suspended sentences</b><br> Where a court has imposed a suspended sentence, it must impose a condition that an offender must be subject to electronic monitoring for the duration of that sentence.”

NC43

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 2)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is an offence under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 or section 89 (1) of the Police Act 1996.”

NC44

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 3)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, either involves possession of or threatening with an article with a blade or point or an offensive weapon.”

NC45

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 4)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is aggravated by section 68A of the Sentencing Act 2020 (assaults on those providing a public service etc).”

NC46

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 5)</b><br> The presumption of a suspended sentence will not apply if the offender has committed or been convicted of three other offences in the 12 months preceding the offence.”

NC47

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 6)</b><br> The presumption of a suspended sentence will not apply if the offender has committed 10 or more other previous offences at the time of the offence or at the time of conviction for the offence.”

NC48

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 7)</b><br> The presumption of a suspended sentence will not apply if the offender has previously received a suspended sentence order for the same offence.”

NC49

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 8)</b><br> The presumption of a suspended sentence will not apply if the offender has previously received a custodial sentence for the same offence.”

NC50

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 9)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a mandatory minimum sentence.”

NC51

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 10)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, involves a firearm or ammunition including but not limited to the Firearms Act 1968 and the Violent Crime Reduction Act 2006.”

NC52

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 11)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is one of burglary.”

NC53

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 12)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, has a connection to terrorism, including but not limited to offences relating to terrorism under the Terrorism Act 2000, the Terrorism Act 2006 and the Explosive Substances Act 1883.”

NC54

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 13)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is one that falls under the Unduly Lenient Sentence Scheme under sections 35 and 36 of the Criminal Justice Act 1988.”

NC55

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 14)</b><br> The presumption of a suspended sentence will not apply if the offender has breached previous suspended sentence orders three or more times, either by failing to comply with the requirements of the orders or by re-offending during the order’s operational period.”

NC56

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 15)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, was committed while the offender was subject to a supervision order.”

NC57

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 16)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, was committed while the offender was on licence, or subject to supervision, under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).”

NC58

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 17)</b><br> The presumption of a suspended sentence will not apply if the offence, or an associated offence, is an offence under section 6(1) or (2) of the Bail Act 1976 (failure to surrender to custody).”

NC59

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 18)</b><br> The presumption of a suspended sentence will not apply if the offender has a history of poor compliance with court orders.”

NC60

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 19)</b><br> The presumption of a suspended sentence will not apply if the offender is being sentenced for three or more offences.”

NC61

To move the following Clause—<br> <b>“No presumption of suspended sentence (No. 20)</b><br> The presumption of a suspended sentence will not apply if the offender has already been convicted of committing the same offence three or more times.”

NC62

To move the following Clause—<br> <b>“Expiry</b><br> This Act expires at the end of the period of 2 years beginning with the day on which it is passed.”

Gov 21

Title, page 1, line 3, leave out from “criminals” to “; and” on line 4

22

Clause 29, page 55, line 5, leave out “both” and insert “more”

<p>This amendment is linked to NC5 and amendment 23.</p>

23

Clause 29, page 55, line 27, at end insert—<br> “(8A) The third condition is that the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of the crime for which P is serving the sentence in question.”

<p>This amendment is linked to NC5 and amendment 22.</p>

NC3

To move the following Clause—<br> <b>“Unpaid work requirements: community work</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In paragraph 3 of Part 1 of Schedule 9 (Restriction on imposing unpaid work requirement), after sub-paragraph (1)(b) insert—<br> “(c) that the unpaid work is work undertaken for a non-profit organisation, social enterprise, voluntary organisation or local authority.””

<p>This new clause would prohibit private sector involvement in unpaid work as part of a community sentence.</p>

NC4

To move the following Clause—<br> <b>“Probation capacity: independent report </b><br> (1) Within three months of the passage of this Act, a report must be published and laid before Parliament by HM Inspectorate of Probation (“the Inspectorate”) determining whether there is adequate capacity in the Probation Service to meet provisions of this Act anticipated to increase levels of demand on the Probation Service.<br> (2) If the report under subsection (1) determines that the capacity of the Probation Service is inadequate, provisions of this Act anticipated to increase levels of demand on the Probation Service may not come into force until a further report determines that the Probation Service has adequate capacity.<br> (3) Following a report under subsection (1), the Inspectorate must publish and lay before Parliament a further report, no less than once every twelve months, determining whether there is adequate capacity in the Probation Service.<br> (4) If a report under subsections (1) or (3) determines that the capacity of the Probation Service is inadequate, the Inspectorate may direct that a prioritisation framework must be issued to the areas in which the capacity concerns apply, in order to provide local services with guidance about which activities to deprioritise.<br> (5) The Secretary of State must, within two weeks of the laying of a report under subsections (1) or (3) with a finding of inadequate capacity, make a statement to Parliament setting out how probation capacity will be increased to an adequate level.”

<p>This new clause would ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands, and would enable the Inspectorate to trigger the issuing of a prioritisation framework to help local areas to identify which activities to deprioritise.</p>

NC5

To move the following Clause—<br> <b>“Further release after recall: offenders eligible for risk-assessed release</b><br> (1) The Criminal Justice Act 2003 is amended as follows.<br> (2) In section 255C, after subsection (3) insert—<br> (3A) Subsection (3B) applies if the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of a crime for which P is serving a sentence.<br> (3B) Where this subsection applies—<br> (a) at the end of the period of 56 days beginning with the day on which P returns to custody, P must be considered for referral for executive release rather than automatic release;<br> (b) if P is referred for consideration for executive release, the Secretary of State may release P again on licence, and<br> (c) if P is not referred for consideration for executive release, or if P is denied executive release, the Secretary of State must refer P’s case to the Board.”

<p>This new clause, along with amendments 22 and 23, would ensure that offenders who have been recalled to prison on the basis of a breach of license condition or of an order related to the victim are risk-assessed, to determine whether it is safe for them to be re-released into the community, rather than being automatically released after 56 days.</p>

2

Clause 1, page 2, line 46, at end insert—<br> “(ea) the offence, or an associated offence, was committed while the offender was subject to a supervision order,”

<p>This amendment makes clear that the presumption to suspend certain sentences under section 264A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed while the offender was subject to a supervision order (as defined by subsection (7) of that section).</p>

3

Clause 1, page 3, line 2, after “constituted” insert “, or occurred in circumstances closely connected with,”

<p>This amendment provides that the presumption to suspend certain sentences under section 264A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed in circumstances which are closely connected with the breach by the offender of a court order or an order or award in proceedings in respect of a service offence.</p>

4

Clause 1, page 5, line 7, at end insert—<br> “(ea) the offence, or an associated offence, was committed while the offender was subject to a supervision order,”

<p>This amendment makes clear that the presumption to suspend certain sentences under section 277A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed while the offender was subject to a supervision order (as defined by subsection (8) of that section).</p>

5

Clause 1, page 5, line 9, after “constituted” insert “, or occurred in circumstances closely connected with,”

<p>This amendment provides that the presumption to suspend certain sentences under section 277A of the Sentencing Code (inserted by this clause) does not apply to offences (or offences associated with those offences) committed in circumstances which are closely connected with the breach by the offender of a court order or an order or award in proceedings in respect of a service offence.</p>

6

Clause 6, page 14, line 31, leave out “or officer”

<p>This amendment and amendment 9 would correct drafting errors in new section 56A of the Sentencing Code and new section 253A of the Armed Forces Act 2006, namely that the reference to an officer should appear in section 253A(1)(b) and not in section 56A(1)(b).</p>

7

Clause 6, page 14, line 32, after “abuse” insert “carried out by the offender”

<p>This amendment and amendment 8 would make it clear that in making a finding of domestic abuse when passing sentence for an offence, the court is concerned only with the conduct of the offender.</p>

8

Clause 6, page 14, line 34, after “abuse” insert “carried out by the offender”

<p>See the explanatory statement for amendment 7.</p>

9

Clause 6, page 15, line 11, after “court” insert “or officer”

<p>See the explanatory statement for amendment 6.</p>

10

Clause 6, page 15, line 12, after “abuse” insert “carried out by the offender”

<p>This amendment and amendment 11 would make it clear that in making a finding of domestic abuse when passing sentence for an offence, the court or officer is concerned only with the conduct of the offender.</p>

11

Clause 6, page 15, line 14, after “abuse” insert “carried out by the offender”

<p>See the explanatory statement for amendment 10.</p>

12

Clause 8, page 22, line 41, at end insert—<br> “(12) Part 1 of Schedule (<i>Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision</i>) makes consequential provision.”

<p>This amendment introduces the consequential amendments of sentencing legislation that applies in Scotland made by the Schedule inserted by NS1.</p>

13

Clause 9, page 25, line 22, at end insert—<br> “(6) Part 2 of Schedule (<i>Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision</i>) makes consequential provision.”

<p>This amendment introduces the consequential amendments of sentencing legislation that applies in Northern Ireland made by the Schedule inserted by NS1.</p>

14

Clause 13, page 26, line 26, leave out “as follows” and insert “in accordance with subsections (2) to (7)”

<p>This amendment is consequential on amendment 15.</p>

15

Clause 13, page 28, line 22, at end insert—<br> “(8) In section 177H of the Armed Forces Act 2006 (availability of driving disqualification order), at the end insert “(including where the court makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement).”

<p>This amendment would clarify that a service court may make a driving disqualification order in a case where it makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement.</p>

16

Clause 16, page 31, line 31, leave out “as follows” and insert “in accordance with subsections (2) to (12)”

<p>This amendment is consequential on amendment 17.</p>

17

Clause 16, page 34, line 12, at end insert— <br> “(13) The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15).<br> (14) In section 182(3)(c) (application of section 208(2) of, and Schedule 9 to, the Sentencing Code to overseas community orders), after sub-paragraph (ix), and on a new line, insert “(see also the modification to paragraph 8D of Schedule 9 made by section 183(5A) of this Act);”.<br> (15) In section 183 (modifications of the Sentencing Code in relation to overseas community orders)—<br> (a) in subsection (1), for “(5)” substitute “(5A)”;<br> (b) after subsection (5) insert—<br> “(5A) Paragraph 8D of Schedule 9 (restriction zone requirement) has effect as if sub-paragraph (6) were omitted.””

<p>This amendment would have the effect that an overseas community order made by a service court which imposed a restriction zone requirement was not required to include an electronic monitoring requirement.</p>

18

Page 73, line 30, leave out Clause 42

<p>This amendment leaves out clause 42. The new clause inserted by NC1 is intended to be substituted for this clause.</p>

19

Clause 45, page 75, line 17, leave out paragraph (d)

<p>This amendment has the effect that an amendment or repeal made by the new clause inserted by NC1 will have the same extent as the provision amended or repealed.</p>

20

Clause 46, page 76, line 9, leave out “Schedule 1” and insert “Schedules 1 and (<i>Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision</i>)”

<p>This amendment is consequential on NS1.</p>

NC1

To move the following Clause—<br> <b>“Deportation of foreign criminals</b><br> (1) In section 38(1) of the UK Borders Act 2007 (meaning of “period of imprisonment” for purposes of condition 1 in definition of “foreign criminal”), omit paragraph (a).<br> (2) In section 117D(4) of the Nationality, Immigration and Asylum Act 2002 (meaning of “period of imprisonment” for purposes of definition of “foreign criminal”), omit paragraph (a).”

<p>This amendment inserts a new clause which provides that for the purposes of certain legislation relating to the deportation of foreign criminals and the application of Article 8 of the ECHR a sentence of imprisonment includes a suspended sentence order. This new clause is intended to substitute existing clause 42.</p>

NC2

To move the following Clause—<br> <b>“Electronic monitoring: oversight</b><br> (1) The Sentencing Code is amended as follows.<br> (2) In Part 14 of Schedule 9, in paragraph 31 (Electronic monitoring: person responsible for monitoring), after sub-paragraph (2) insert—<br> “(3) Regulations under this section must ensure that—<br> (a) electronic monitoring is overseen by the Probation Service;<br> (b) the fitting of necessary apparatus for the purposes of electronic monitoring may only be undertaken by those in the employment of an organisation with responsibility for delivering electronic monitoring; and<br> (c) the fitting of necessary apparatus may not be undertaken by an employee of HM Prison and Probation Service unless the responsibility for the delivery of electronic monitoring is held solely by HM Prison and Probation Service.””

<p>This new clause would ensure that the probation service oversees electronic monitoring, and that prison officers would not be responsible for fitting tags unless tagging contracts are brought into the public sector.</p>

NS1

To move the following Schedule—<br> <span class="num-note"><span class="num">“Schedule</span><span class="note">Sections 8(12) and 9(6)</span></span><br> <span class="schedule-heading">SENTENCE WITH FIXED LICENCE PERIOD IN SCOTLAND OR NORTHERN IRELAND: CONSEQUENTIAL PROVISION</span><br> <span class="schedule-heading">PART 1</span><br> <b>Scotland</b><br> <i class="text-centre">Rehabilitation of Offenders Act 1974</i><br> 1 In section 5(1)(da) of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (disclosure periods for particular sentences), for “(terrorism sentence for young offenders or children)” substitute “(sentence with fixed licence period for young offenders or children)”.<br> <i class="text-centre">Prisons (Scotland) Act 1989</i><br> 2 In section 39(7B)(a) of the Prisons (Scotland) Act 1989 (rules for the management of prisons and other institutions), after “terrorism” insert “or national security-related”.<br> <i class="text-centre">Prisoners and Criminal Proceedings (Scotland) Act 1993</i><br> 3 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In section 1(9) (release of short-term, long-term and life prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the words from “in respect of an offence” to the end of the subsection become paragraph (a);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">at the end of that paragraph insert “, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In section 1AB (restricted eligibility for release on licence of terrorist prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, at the end insert “and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after subsection (2A) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(2B)</span><span class="sub-para-text">This section also applies to a prisoner other than a life prisoner who is serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (3), for “case of a terrorist prisoner” substitute “prisoner’s case”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in subsections (4) and (5), omit “terrorist”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in subsection (1), for paragraph (b) (but not the “and” at the end of that paragraph) substitute—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">one or more of the sentences (the “terrorism or national security-related sentence”) was imposed—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in respect of an offence within section 1AB(2), or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security),”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (2)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism”, in both places it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”),” substitute “that is not a terrorism or national security-related sentence,”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(iii)</span><span class="sub-para-text">for “the non-terrorism” substitute “that other”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in subsection (3)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “non-terrorism” substitute “other”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in subsections (4) to (7), (9), (10) and (13)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism”, in each place it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “non-terrorism”, in each place it occurs, substitute “sentence that is not a terrorism or national security-related”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In section 2 (duty to release discretionary life prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in subsection (6), after “(6B)” insert “, (6C)”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after subsection (6B) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(6C)</span><span class="sub-para-text">No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (7), after “(6B)” insert “or (6C)”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, for “certain terrorism sentences” substitute “serious terrorism sentences, sentences with a fixed licence period”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in subsection (1ZA)(b), omit “terrorism”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">after paragraph (c) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ca)</span><span class="sub-para-text">serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">in paragraph (d), after “terrorism” insert “or national security-related”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(8)</span><span class="sub-para-text">In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">In section 26ZA (terrorism sentences)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, after “terrorism” insert “and national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">for subsection (1) substitute—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(1)</span><span class="sub-para-text">This section applies to a person (“the prisoner”) who—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">is not a life prisoner, and</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">is serving a terrorism or national security-related sentence.”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (2)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in the words before paragraph (a), after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">in paragraph (b), omit “terrorism”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in subsection (3), after “terrorism”, in both places it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in subsections (4) and (5), for “a terrorist” substitute “the”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(f)</span><span class="sub-para-text">in subsection (7)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for “a terrorist” substitute “the”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(g)</span><span class="sub-para-text">in subsection (8)(b), omit “terrorism”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(h)</span><span class="sub-para-text">in subsection (9)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for “a terrorist” substitute “the”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in subsection (10), after “terrorism”, in both places it occurs, insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(j)</span><span class="sub-para-text">in subsection (11), in the definition of “appropriate custodial term”, in the words before paragraph (a)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">after “terrorism” insert “or national security-related”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">omit “terrorist”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(k)</span><span class="sub-para-text">in subsection (11), in the definition of “extension period”, in paragraphs (a), (b) and (c), omit “terrorist”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(10)</span><span class="sub-para-text">In section 27 (interpretation of Part 1)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in subsection (5), for “subsection (5A)” substitute “subsections (5A) and (5AA)”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after subsection (5A), insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(5AA)</span><span class="sub-para-text">Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in subsection (5B)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">for “an offence within section 1AB(2)”, in the first place it appears, substitute “a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">after “1AB(2)”, in the second place it appears, insert “or a national security-related sentence”.</span></span><br> <i class="text-centre">Repatriation of Prisoners Act 1984</i><br> 4 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">In the Schedule to the Repatriation of Prisoners Act 1984, paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to Scotland is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">After sub-paragraph (3D) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3E)</span><span class="sub-para-text">If sub-paragraph (3F), (3G) or (3H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if the prisoner were serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 in respect of an offence specified in Part 2 of Schedule 5ZB to that Act (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3F)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 9 to 11, or paragraph 13 in a case where the listed offence is an offence specified in any of paragraphs 9 to 11, of Part 2 of Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (certain offences under the Official Secrets Acts or the National Security Act 2023).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3G)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is a “relevant electoral offence” within the meaning of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3H)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 21 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is not an offence mentioned in subsection (6) of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3I)</span><span class="sub-para-text">The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3F), (3G) or (3H).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal Proceedings (Scotland) Act 1993”.</span></span><br> <span class="schedule-heading">PART 2</span><br> <b>Northern Ireland</b><br> <i class="text-centre">Criminal Justice (Northern Ireland) Order 2008</i><br> 5 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A terrorism sentence” omit “terrorism”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain other”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">In the italic heading before Article 20A, at the end insert “and other prisoners serving an Article 15A sentence”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">In Article 20A (restricted eligibility for release on licence of terrorist prisoners)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">in the heading, after “prisoners” insert “and other prisoners serving an Article 15A sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">after paragraph (2A) insert— </span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2AB)</span><span class="sub-para-text">This Article also applies to a fixed-term prisoner who is serving an Article 15A sentence imposed in respect of an offence which is specified in Schedule 2B (offences involving or connected with a threat to national security).”</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">in paragraphs (3), (4), (5) and (7) omit “terrorist”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">in paragraph (8)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">omit “terrorist” in both places it occurs;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">for “Article 15A terrorism sentence” substitute “Article 15A sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(e)</span><span class="sub-para-text">in paragraph (9)—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">in the definition of “appropriate custodial term”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">in the definition of “relevant part of the sentence”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.</span></span><br> <i class="text-centre">Repatriation of Prisoners Act 1984</i><br> 6 In paragraph 2A of the Schedule to the Repatriation of Prisoners Act 1984 (application of early release provisions to prisoners repatriated to Northern Ireland), after sub-paragraph (4D) insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4E)</span><span class="sub-para-text">If sub-paragraph (4F), (4G) or (4H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if the prisoner were serving a sentence imposed under Article 15A of the Order in respect of an offence specified in Schedule 2B to the Order (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4F)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 1 to 3, or paragraph 5 in a case where the ancillary offence relates to an offence specified in any of paragraphs 1 to 3, of Schedule 2B to the Criminal Justice (Northern Ireland) Order 2008 (certain offences under the Official Secrets Acts or the National Security Act 2023).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4G)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is a “relevant electoral offence” within the meaning of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4H)</span><span class="sub-para-text">This sub-paragraph applies if the warrant specifies that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the overseas offence was committed on or after the day on which section 20 of the National Security Act 2023 came into force,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">the corresponding offence—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is not an offence mentioned in subsection (2) of that section, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">is punishable on indictment with imprisonment for more than 2 years, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(d)</span><span class="sub-para-text">findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4I)</span><span class="sub-para-text">The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4F), (4G) or (4H).””</span></span>

<p>The Schedule inserted by this amendment makes provision which is consequential on clauses 8 and 9 (availability in Scotland and Northern Ireland of custodial sentence with a fixed licence period on conviction for an offence relating to a threat to national security).</p>

21

Title, page 1, line 3, leave out from “criminals” to “; and” on line 4

<p>This amendment amends the long title to remove reference to provision no longer contained in the Bill as a consequence of the insertion of the clause inserted by NC1 which is intended to substitute existing clause 42.</p>