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Criminal Justice and Immigration Bill

moved Amendments Nos. 115G to 115L: 115G: Schedule 26, page 280, line 34, after ““(b)(i)”” insert ““(as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005)”” 115GA: Schedule 26, page 283, line 16, at end insert ““; and (c) after ““; and in”” insert ““this Part of””.”” 115H: Schedule 26, page 283, line 16, at end insert— ““(3A) In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)— (a) in sub-paragraph (1A)(a) (which defines the enactments relating to release on licence) after ““33(1)(b) insert ““, (1A)””; and (b) after sub-paragraph (2) insert— ““(2A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Part 2 of the Criminal Justice Act 1991 to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”” (3B) In paragraph 2 (as it applies in England and Wales in relation to offences committed on or after 4 April 2005), after sub-paragraph (3) insert— ““(3A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”””” 115HA: Schedule 26, page 283, line 34, leave out ““sentenced”” and insert ““any of whose sentences were imposed”” 115HB: Schedule 26, page 283, line 36, leave out ““sentenced”” and insert ““any of whose sentences were imposed”” 115HC: Schedule 26, page 283, line 38, leave out from ““person”” to end of line 40 and insert— ““(a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and (b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1st October 1993.”” 115J: Schedule 26, page 286, line 10, at end insert— ““Crime (Sentences) Act 1997 (c. 43) 30A The Crime (Sentences) Act 1997 has effect subject to the following amendments. 30B (1) Schedule 1 (transfer of prisoners within the British Islands) is amended as follows. (2) In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after ““46”” insert ““, 50A””. (3) In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after ““46”” insert ““, 50A””. (4) Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies. (5) In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after ““46”” insert ““, 50A””. (6) In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after ““46”” insert ““, 50A””. (7) Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies. 30C (1) Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows. (2) In paragraph 2(4) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after ““ 33(1)(b),”” insert ““, (1A),””. (3) In paragraph 3(4) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after ““ 33(1)(b),”” insert ““, (12A),””. (4) In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert— ““(c) prisoners detained in Scotland in pursuance of warrants which— (i) are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and (ii) relate to sentences that were imposed before 1st October 1993.”””” 115K: Schedule 26, page 286, line 25, leave out sub- paragraph (4) 115L: Schedule 26, page 291, line 14, at end insert— ““67A In section 264 (consecutive terms), in subsection (6)(a)(i) after ““means”” insert ““one-half of””.”” On Question, amendments agreed to. Schedule 27 [Transitory, transitional and saving provisions]: