Criminal Justice (Sentencing etc) Bill

PART 5

FAILURE TO DISCLOSE INFORMATION ABOUT VICTIM’S REMAINS

Increase to sentence following failure to disclose

Determining the length of the custodial period

24.—(1) This section applies where—

(a) a person (“A”) has been convicted of the offence of murder or manslaughter,

(b) the court dealing with A in respect of the offence does not know where the victim’s remains were disposed of,

(c) the court believes that A has information about where, or how, the victim’s remains were disposed of which A has not disclosed (“A’s non-disclosure”), and

(d) the court is—

(i) imposing a specified custodial sentence on A in respect of the offence, and

(ii) determining the relevant custodial period (see section 27).

(2) But this section does not apply if it appears to the court that it would be contrary to the interests of justice for it to apply.

(3) The court must determine the relevant custodial period by taking the following steps.

Step 1

Determine the sentence that the court would impose if it were imposing the specified custodial sentence on A in respect of the offence and not taking A’s non-disclosure into account (“the notional custodial sentence”).

Step 2

Identify the relevant custodial period that the court would specify or determine if it were imposing the notional custodial sentence (“the notional custodial period”).

Step 3

Determine an additional custodial period in accordance with subsections (4) and (5) (“the additional custodial period”). 

Step 4

Add the notional custodial period and the additional custodial period.

(4) The additional custodial period is (subject to subsection (5)) such additional period in custody as the court considers appropriate to take account of the effect of A’s non-disclosure, having regard to—

(a) the time that has elapsed since the offence, and

(b) any other matter which the court considers to be relevant.

(5) The additional custodial period must not be less than 30 per cent of— (a) the notional custodial period, in the case of—

(i) a life sentence in relation to which the court is making an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (minimum tariff), or

(ii) a sentence under Article 13(3) of the Criminal Justice (Northern Ireland) Order 2008 (indeterminate custodial sentence);

(b) in the case of any other specified custodial sentence, the term of the notional custodial sentence.

(6) The court must, when passing a sentence determined in accordance with this section, specify the additional custodial period.

Calculation of term of certain sentences where section 24 applies

25.—(1) This section applies where—

(a) a court has determined a relevant custodial period in accordance with section 24, and

(b) the sentence that the court is imposing is listed in subsection (2).

(2) The sentences referred to in subsection (1)(b) are—

(a) a sentence of imprisonment to which Article 8 of the Criminal Justice (Northern Ireland) Order 2008 applies;

(b) a sentence of detention in a young offenders centre to which that Article applies;

(c) a sentence of detention under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

(d) a youth custody and supervision order under Article 38A of that Order.

(3) The term of the sentence must be the aggregate of—

(a) the term of the notional custodial sentence, and

(b) the additional custodial period.

Effect of sections 24 and 25 on other sentencing provisions

26.—(1) Any statutory provision that applies to a court in passing a specified custodial sentence has effect subject to sections 24 and 25.

(2) In particular, the provisions listed in subsection (3) do not apply to the extent specified where a court is determining— 

(a) a relevant custodial period in accordance with section 24;

(b) the term of a specified custodial sentence in accordance with section 25.

(3) The provisions referred to in subsection (2) are—

(a) section 5(1) or (5) of the Treatment of Offenders Act (Northern Ireland) 1968 insofar as those provisions impose limits on the term of sentences of detention in a young offenders centre;

(b) Article 38B(2) or (5)(b) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (term of, and period of custody specified in, youth custody and supervision orders);

(c) Article 8(3) to (5) of the Criminal Justice (Northern Ireland) Order 2008 (term of custodial period and licence period).

(4) Schedule 5 contains modifications that apply where a court determines certain relevant custodial periods under section 24.

Meaning of “specified custodial sentence” and “relevant custodial period”

27. The table defines “specified custodial sentence” and “relevant custodial period” for the purposes of this Part.

“specified custodial sentence”

“relevant custodial period”

a life sentence in relation to which the court is making an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (minimum tariff) an indeterminate custodial sentence under Article 13(3) of the Criminal Justice (Northern Ireland) Order 2008 (“the 2008 Order”) a serious terrorism sentence under Article 13A of the 2008 Order an extended custodial sentence under Article 14 of the 2008 Order a sentence with a fixed licence period under Article 15A of the 2008 Order a sentence of imprisonment other than a sentence falling within the preceding rows the part of the sentence to be specified in that order the period to be specified by the court under Article 13(3) of the 2008 Order the term to be determined by the court as the appropriate custodial term under Article 13A of the 2008 Order the term to be determined by the court as the appropriate custodial term under Article 14 of the 2008 Order the term to be determined by the court as the appropriate custodial term under Article 15A of the 2008 Order where Article 20 of the Criminal Justice (Northern Ireland) Order 1996 applies in respect of the sentence, the term of the sentence (and this includes, where the court is making a custody probation order under Article 24 of that Order, the term of the sentence to be determined under paragraph (2) of that Article) 17 Criminal Justice (Sentencing etc) Bill Part 5—Failure to disclose information about victim’s remains where Article 8 of the 2008 Order applies in respect of the sentence, the custodial period to be specified by the court under paragraph (2) of that Article 5 10 15 20 25 30 35 40 a sentence of detention under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 a youth custody and supervision order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998 a sentence of detention in a young offenders centre the part of the sentence to be specified as the relevant part under paragraph (2A) of that Article the period of detention to be specified in the order where Article 20 of the Criminal Justice (Northern Ireland) Order 1996 applies in respect of the sentence, the term of the sentence (and this includes, where the court has made a custody probation order under Article 24 of that Order, the term of the sentence to be determined under paragraph (2) of that Article) where Article 8 of the 2008 Order applies in respect of the sentence, the custodial period to be specified by the court under paragraph (2) of that Article

SCHEDULE 5 

FAILURE TO DISCLOSE INFORMATION ABOUT VICTIM’S REMAINS: MODIFICATIONS

Article 18 of the Criminal Justice (Northern Ireland) Order 2008 

1.—(1) Where a court determines the relevant custodial period of an extended custodial sentence in accordance with section 24, Article 18 of the Criminal Justice (Northern Ireland) Order 2008 applies with the following modifications.

(2) Paragraph (2) is to be read as if in the definition of “relevant part of the sentence” for sub-paragraph (b) there were substituted—

“(b) in relation to an extended custodial sentence, the aggregate of—

(i) one-half of the period determined by the court as the notional custodial period under section 24 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026, and

(ii) the period determined by the court as the additional custodial period under that section.”.

(3) Paragraph (9) is to be read as if for “paragraph (b)” there were substituted “paragraph (b)(ii)”.

Article 20A of the Criminal Justice (Northern Ireland) Order 2008

2.—(1) Where—

(a) a court determines the relevant custodial period of a specified custodial sentence in accordance with section 24, and

(b) Article 20A of the Criminal Justice (Northern Ireland) Order 2008 applies; that Article applies with the following modification.

(2) Paragraph (9) is to be read as if for the definition of “relevant part of the sentence” there were substituted—

““relevant part of the sentence” means—

(a) in relation to an extended custodial sentence or an Article 15A sentence, the aggregate of—

(i) two-thirds of the period determined by the court as the notional custodial period under section 24 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026, and

(ii) the period determined by the court as the additional custodial period under that section.

(b) in relation to any other sentence, the aggregate of—

(i) the period determined by the court as the additional custodial period under section 24 of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026, and

(ii) 5 two-thirds of the period equivalent to the term of the sentence less the period of additional detention;”.