Criminal Justice and Courts Act 2015

JurisdictionUK Non-devolved
Citation2015 c. 2


Criminal Justice and Courts Act 2015

2015 CHAPTER 2

An Act to make provision about how offenders are dealt with before and after conviction; to create offences involving ill-treatment or wilful neglect by a person providing health care or social care; to create an offence of the corrupt or other improper exercise of police powers and privileges; to make provision about offences committed by disqualified drivers; to create an offence of disclosing private sexual photographs or films with intent to cause distress; to amend the offence of meeting a child following sexual grooming; to amend the offence of possession of extreme pornographic images; to make provision about the proceedings and powers of courts and tribunals; to make provision about judicial review; and for connected purposes.

[12th February 2015]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

1 Criminal Justice

PART 1

Criminal Justice

Dangerous offenders

Dangerous offenders

S-1 Maximum sentence for certain offences to be life imprisonment

1 Maximum sentence for certain offences to be life imprisonment

(1) In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances)-

(a) in subsection (1), for the words from "guilty" to the end substitute "guilty of an offence", and

(b) after that subsection insert-

"(1A) A person who is guilty of an offence under subsection (1) is liable, on conviction on indictment, to imprisonment for life.

(1B) Where a person is convicted of an offence under subsection (1) the explosive substance is to be forfeited."

(2) In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism), for "imprisonment for a term not exceeding ten years" substitute "imprisonment for life".

(3) In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism), for "imprisonment for a term not exceeding 10 years" substitute "imprisonment for life".

(4) The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.

(5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.

S-2 Specified offences

2 Specified offences

(1) Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.

(2) After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert-

"22A An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances)."

(3) For paragraph 64 (accessories and inchoate offences: violent offences) substitute-

"64(1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed."

(4) For paragraph 65 (attempt or conspiracy to commit murder) substitute-

"65(1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed."

(5) Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).

(6) After that paragraph insert-

"92A An offence under section 33A of that Act (keeping a brothel used for prostitution)."

(7) For paragraph 153 (accessories and inchoate offences: sexual offences) substitute-

"153(1) Aiding, abetting, counselling or procuring the commission of an offence specified in this Par t of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed."

(8) The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

(9) But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).

(10) For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

(11) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.

S-3 Schedule 15B offences

3 Schedule 15B offences

(1) Part 1 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of England and Wales listed for the purposes of sections 224A(1) and (4), 226A and 246A of that Act) is amended as follows.

(2) After paragraph 3 (offence under section 18 of the Offences Against the Person Act 1861) insert-

"3A An offence under section 28 of that Act (causing bodily injury by explosives).

3B An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm).

3C An offence under section 2 of the Explosive Substances Act 1883 (causing explosion likely to endanger life or property).

3D An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

3E An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances)."

(3) After paragraph 8 insert-

"8A An offence under section 54 of the Terrorism Act 2000 (weapons training)."

(4) In paragraph 9, for "the Terrorism Act 2000" substitute "that Act".

(5) After paragraph 40 (offence under section 5 of the Terrorism Act 2006) insert-

"40A An offence under section 6 of that Act (training for terrorism)."

(6) Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226A of that Act) is amended as follows.

(7) In paragraph 49, for "An offence" substitute "A civilian offence".

(8) After paragraph 49 insert-

"49A A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

49B In this Part of this Schedule-

"civilian offence" means an offence other than an offence described in Part 3 of this Schedule or a member State service offence;

"member State service offence" means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State."

(9) For the purposes of section 224A of the Criminal Justice Act 2003 and section 218A of the Armed Forces Act 2006, the amendments made by this section apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

(10) For the purposes of section 226A of the Criminal Justice Act 2003 and section 219A of the Armed Forces Act 2006, the amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

(11) For the purposes of section 246A of the Criminal Justice Act 2003, the amendments made by subsections (2) to (5) apply in relation to a person serving an extended sentence imposed on or after the day on which they come into force, whenever the offence in question was committed.

(12) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (9) to have been committed on the last of those days.

S-4 Parole Board release when serving extended sentences

4 Parole Board release when serving extended sentences

(1) Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.

(2) In subsection (2) (automatic release at the end of requisite custodial period), for the words from "unless" to the end substitute "if-

(a) the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

(b) the appropriate custodial term is less than 10 years, and

(c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that...

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