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by Munro Research

Criminal Justice (Amendment) Bill


Official Summary

A Bill to make provision requiring certain prisoners due to be considered for early release to complete a relevant offender management programme, where available; to require courts to take regard of mental health problems in sentencing; to make provision regarding minimum and maximum sentences; and for connected purposes

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Overview

The Criminal Justice (Amendment) Bill aims to reform sentencing practices in England and Wales. Key changes include establishing minimum and maximum sentence requirements for determinate prison terms, mandating consideration of an offender's mental health in sentencing decisions, and requiring completion of offender management programs for certain prisoners before early release.

Description

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

Sentencing
  • For determinate prison sentences, courts must specify both a maximum and a minimum sentence. The minimum must be at least one-third but less than half of the maximum.
  • Sentencing must consider the seriousness of the offense and any mental health problems of the offender, supported by psychological or psychiatric assessments.
  • Courts may request pre-sentence reports from probation services to aid in determining sentences.
Early Release
  • Prisoners serving four years or more must complete relevant offender management programs before being considered for release on license by the Parole Board.
  • Individuals serving sentences of imprisonment for public protection will have their sentences reviewed at least every two years by the Parole Board.
  • The Secretary of State is responsible for ensuring access to offender management programs for those imprisoned for public protection.
  • The Parole Board must consider the availability and completion of offender management programs when deciding on release but cannot make release conditional on program participation if the programs aren't available.

Government Spending

The bill doesn't directly specify government spending figures. However, implementing the changes will likely involve increased costs related to providing pre-sentence reports, expanding offender management programs, and potentially additional resources for the Parole Board.

Groups Affected

  • Judges and Courts: Will be required to follow new sentencing guidelines and procedures.
  • Prisoners: Will be subject to new minimum and maximum sentence rules and may need to complete offender management programs to be considered for early release.
  • Parole Board: Will have increased responsibilities in reviewing sentences and assessing prisoners' suitability for release.
  • Probation Services: May experience increased workload due to the requirement for pre-sentence reports and increased monitoring.
  • The Secretary of State: Has increased responsibilities to ensure access to offender management programs for specific prisoners.
  • Victims: May be indirectly impacted by changes to sentencing and early release policies.
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