Overview

This Criminal Justice (Amendment) Bill aims to reform sentencing practices in England and Wales. Key changes include introducing mandatory minimum and maximum sentences for determinate prison terms, requiring courts to consider offenders' mental health, and mandating participation in offender management programs for certain prisoners eligible for early release.

Description

The bill introduces several significant amendments to the existing criminal justice system:

Sentencing

For determinate prison sentences, courts must now specify both a maximum and minimum sentence. The minimum sentence cannot be less than one-third, nor more than one-half, of the maximum sentence. The seriousness of the offense is a key factor in determining both. Courts can request pre-sentence reports to aid in this process.

Mental Health Considerations

When deciding on imprisonment, courts must consider any mental health problems the offender has, based on available psychological or psychiatric assessments. This includes the likelihood of future similar offenses.

Early Release and Offender Management Programs

The bill amends the Criminal Justice Act 2003. For prisoners serving sentences of four years or more, the Parole Board must consider completion of relevant offender management programs before granting release on license. For those imprisoned for public protection, sentences will be reviewed at least every two years, access to these programs will be ensured by the Secretary of State, and the Parole Board will consider program completion in release decisions (although release cannot be made conditional on participation if programs are unavailable).

Government Spending

The bill is likely to increase government spending in several areas. Increased costs are anticipated in providing psychological and psychiatric assessments for offenders, delivering offender management programs, and potentially in managing a longer prison population due to changes in sentencing. Exact figures are not provided in the bill text.

Groups Affected

• Offenders: Face changes in sentencing with minimum and maximum terms specified, plus the potential requirement to complete offender management programs for early release. Those with mental health issues will have their conditions considered during sentencing.
• Courts and Judges: Will have additional responsibilities in determining minimum and maximum sentences and considering mental health factors.
• Parole Board: Will have an increased role in considering offender management program completion before granting early release.
• Probation Trusts: Likely increased workload in providing pre-sentence reports and delivering offender management programs.
• Secretary of State: Will be responsible for ensuring access to offender management programs for those imprisoned for public protection.
• The Public: May see changes in the length of sentences given for crimes and potentially an impact on public safety based on the reform's effects.

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