Criminal Justice and Immigration Act 2008

240ACrediting periods of remand on bail: terms of imprisonment and detention

1

This section applies where—

a

a court sentences an offender to imprisonment for a term in respect of an offence committed on or after 4th April 2005,

b

the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

c

the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

2

Subject to subsection (4), the court must direct that the credit period is to count as time served by the offender as part of the sentence.

3

The “credit period” is the number of days represented by half of the sum of—

a

the day on which the offender's bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and

b

the number of other days on which the offender's bail was subject to those conditions (excluding the last day on which it was so subject),

rounded up to the nearest whole number.

4

Subsection (2) does not apply if and to the extent that—

a

rules made by the Secretary of State so provide, or

b

it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.

5

Where as a result of paragraph (a) or (b) of subsection (4) the court does not give a direction under subsection (2), it may give a direction in accordance with either of those paragraphs to the effect that a period of days which is less than the credit period is to count as time served by the offender as part of the sentence.

6

Rules made under subsection (4)(a) may, in particular, make provision in relation to—

a

sentences of imprisonment for consecutive terms;

b

sentences of imprisonment for terms which are wholly or partly concurrent;

c

periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.

7

In considering whether it is of the opinion mentioned in subsection (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.

8

Where the court gives a direction under subsection (2) or (5) it shall state in open court—

a

the number of days on which the offender was subject to the relevant conditions, and

b

the number of days in relation to which the direction is given.

9

Subsection (10) applies where the court—

a

does not give a direction under subsection (2) but gives a direction under subsection (5), or

b

decides not to give a direction under this section.

10

The court shall state in open court—

a

that its decision is in accordance with rules made under paragraph (a) of subsection (4), or

b

that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.

11

Subsections (7) to (10) of section 240 apply for the purposes of this section as they apply for the purposes of that section but as if—

a

in subsection (7)—

i

the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;

ii

in paragraph (a) after “Schedule 12” there were inserted “ or section 119(1)(a) or (b) of the Sentencing Act ”; and

b

in subsection (8) the reference to subsection (3) of section 240 is to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted “ or Part 2 of the Criminal Justice Act 1991 ”.

12

In this section—

• “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

• “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; and

• “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

d

sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment and detention).

b

determine the reference by making no recommendation as to his release.

256AFurther review

1

The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.

2

The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.

3

The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).

4

On a reference under subsection (1) or (2), the Board must determine the reference by—

a

recommending the person's immediate release on licence under this Chapter,

b

fixing a date for his release on licence, or

c

making no recommendation as to his release.

5

The Secretary of State—

a

where the Board makes a recommendation under subsection (4)(a) for the person's immediate release on licence, must give effect to the recommendation; and

b

where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.

1

The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

2

Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.

7

In this section “requisite custodial period”—

a

in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);

b

in any other case, has the meaning given by paragraph (a), (b) or (d) of section 244(3).

, or

c

in a case where the person is aged under 25, an attendance centre requirement (as defined by section 214)

9ADisclosure of information in connection with application for benefit deductions

1

The designated officer for a magistrates' court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.

2

An information request is a request for the disclosure of some or all of the following information—

a

P's full name;

b

P's address (or any of P's addresses);

c

P's date of birth;

d

P's national insurance number;

e

P's benefit status.

3

On receiving an information request, the Secretary of State may disclose the information requested to—

a

the officer who made the request, or

b

a justices' clerk specified in the request.

9BRestrictions on disclosure

1

A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.

2

A person to whom such information is disclosed commits an offence if the person—

a

discloses or uses the information, and

b

the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.

3

But it is not an offence under sub-paragraph (2)—

a

to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

b

to disclose any information which has previously been lawfully disclosed to the public.

4

It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

5

A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

9CParagraphs 9A and 9B: supplementary

1

This paragraph applies for the purposes of paragraphs 9A and 9B.

2

“Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—

a

which benefit it is,

b

where it is already subject to deductions under any enactment, the nature of the deductions concerned, and

c

the amount received by P by way of the benefit, after allowing for any such deductions.

3

“Information” means information held in any form.

4

“Prescribed” means prescribed by regulations made by the Lord Chancellor.

5

Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.

, and

c

the reference in subsection (3A) to an order specified in subsection (3B) shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.

—

a

if the accused is under 18 years of age, the court may proceed in his absence; and

b

if the accused has attained the age of 18 years, the court shall proceed in his absence unless it appears to the court to be contrary to the interests of justice to do so.

This is subject to subsections (2), (2A), (3) and (4).

2A

The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear.

3A

But where a sentence or order of a kind mentioned in subsection (3) is imposed or given in the absence of the offender, the offender must be brought before the court before being taken to a prison or other institution to begin serving his sentence (and the sentence or order is not to be regarded as taking effect until he is brought before the court).

5

Subsections (3) and (4) apply to—

a

proceedings instituted by an information, where a summons has been issued; and

b

proceedings instituted by a written charge.

6

Nothing in this section requires the court to enquire into the reasons for the accused's failure to appear before deciding whether to proceed in his absence.

7

The court shall state in open court its reasons for not proceeding under this section in the absence of an accused who has attained the age of 18 years; and the court shall cause those reasons to be entered in its register of proceedings.

5

In this section—

• “bail in criminal proceedings” has the same meaning as in the Bail Act 1976 (see section 1 of that Act);

• “preventative civil orders” means—

  1. a

     orders within section 3(2)(fa) to (fe) above;

  2. b

     orders under section 5 or 5A of the Protection from Harassment Act 1997 (restraining orders); or

  3. c

     orders under section 8 of the Crime and Disorder Act 1998 (parenting orders).

5A

For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.

8

As from 1 May 2011 nothing in this section confers on persons designated under this section—

a

any rights of audience, or

b

any right to conduct litigation,

for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).

9

As from that date the following provisions of that Act accordingly do not apply to persons designated under this section—

a

paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and

b

paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).

10

The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated under this section as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9).

11

The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words “or offences which are punishable with imprisonment in the case of persons aged 21 or over”.

12

The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2ADirector's pre-investigation powers in relation to bribery and corruption: foreign officers etc

1

The powers of the Director under section 2 are also exercisable for the purpose of enabling him to determine whether to start an investigation under section 1 in a case where it appears to him that conduct to which this section applies may have taken place.

2

But—

a

the power under subsection (2) of section 2 is so exercisable only if it appears to the Director that for the purpose of enabling him to make that determination it is expedient to require any person appearing to him to have relevant information to do as mentioned in that subsection, and

b

the power under subsection (3) of that section is so exercisable only if it appears to the Director that for that purpose it is expedient to require any person to do as mentioned in that subsection.

3

Accordingly, where the powers of the Director under section 2 are exercisable in accordance with subsections (1) and (2) above—

a

the reference in subsection (2) of that section to the person under investigation or any other person whom the Director has reason to believe has relevant information is to be read as a reference to any such person as is mentioned in subsection (2)(a) above,

b

the reference in subsection (3) of that section to the person under investigation or any other person is to be read as a reference to any such person as is mentioned in subsection (2)(b) above, and

c

any reference in subsection (2), (3) or (4) of that section to the investigation is to be read as a reference to the making of any such determination as is mentioned in subsection (1) above.

4

Any reference in section 2(16) to the carrying out of an investigation by the Serious Fraud Office into serious or complex fraud includes a reference to the making of any such determination as is mentioned in subsection (1) above.

5

This section applies to any conduct which, as a result of section 108 of the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption: foreign officers etc), constitutes a corruption offence (wherever committed).

6

The following are corruption offences for the purposes of this section—

a

any common law offence of bribery;

b

the offences under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office); and

c

the offences under section 1 of the Prevention of Corruption Act 1906 (corrupt transactions with agents).

ca

setting out particulars of the matters of fact on which he intends to rely for the purposes of his defence,

before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

2A

But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

4A

Section 133A applies in relation to the assessment of the amount of the compensation.

5A

But in a case where—

a

a person's conviction for an offence is quashed on an appeal out of time, and

b

the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of this section as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

5B

In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the Supreme Court Act 1981.

133AMiscarriages of justice: amount of compensation

1

This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.

2

In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

a

the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and

b

the conduct of the investigation and prosecution of the offence.

3

The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

a

any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

b

any other convictions of the person and any punishment suffered as a result of them.

4

If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.

5

The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—

a

£1 million in a case to which section 133B applies, and

b

£500,000 in any other case.

6

The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

7

The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

8

No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

133BCases where person has been detained for at least 10 years

1

For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

a

the conviction is reversed, or

b

the pardon is given,

as mentioned in section 133(1).

2

P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

a

by virtue of a sentence passed in respect of the relevant offence,

b

under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

c

as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

3

In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

a

in qualifying detention, and

b

in excluded concurrent detention.

4

P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

a

during the term of a sentence passed in respect of an offence other than the relevant offence,

b

under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

c

as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—

i

the relevant offence, or

ii

any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

5

But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

6

In this section—

• “mental health legislation” means—

  1. a

     Part 3 of the Mental Health Act 1983,

  2. b

     Part 3 of the Mental Health (Northern Ireland) Order 1986, or

  3. c

     the provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;

• “the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));

• “remanded in custody” is to be read in accordance with subsections (8) and (9);

• “reversed” has the same meaning as in section 133 of this Act.

7

If, as a result of the miscarriage of justice—

a

two or more convictions are reversed, or

b

a pardon is given in respect of two or more offences,

“the relevant offence” means any of the offences concerned.

8

In relation to England and Wales, “remanded in custody” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.

9

In relation to Northern Ireland, “remanded in custody” means—

a

remanded in or committed to custody by an order of a court, or

b

remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.