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Amendments of the Criminal Justice Act 2003: transitional and consequential |
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1 | The Criminal Justice Act 2003 is amended as follows. |
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2 | After section 267 insert— |
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“267A | Application of Chapter 6 to pre-4 April 2005 cases |
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| Schedule 20A (which modifies certain provisions of this Chapter as |
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they apply to persons serving a sentence for an offence committed |
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before 4 April 2005) has effect.” |
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3 | After Schedule 20 insert— |
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Application of Chapter 6 of Part 12 to pre-4 April 2005 cases |
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“the 1991 Act” means the Criminal Justice Act 1991; |
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“the commencement date” means the date on which section |
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122 of the Legal Aid, Sentencing and Punishment of |
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Offenders Act 2012 comes into force. |
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2 | Paragraphs 3 to 9 apply in relation to any person serving a |
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sentence for an offence committed before 4 April 2005, whenever |
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that sentence was imposed (see section 122(1) of the Legal Aid, |
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Sentencing and Punishment of Offenders Act 2012). |
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3 (1) | Any relevant period is to be treated, for the purposes of section |
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240ZA, as if it were a period for which the offender was remanded |
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in custody in connection with the offence. |
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(2) | “Relevant period” means any period which would (but for the |
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repeal of section 67 of the Criminal Justice Act 1967) be a relevant |
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period within the meaning of that section (reduction of sentences |
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by period spent in custody etc). |
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4 | Section 246 applies as if, in subsection (4)— |
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(a) | the reference in paragraph (a) to section 227 or 228 were a |
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reference to section 85 of the Sentencing Act; |
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(b) | the reference in paragraph (d) to paragraph 9(1)(b) or (c) or |
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10(1)(b) or (c) of Schedule 8 were a reference to paragraph |
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4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act; |
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(i) | the reference to section 246 included a reference to |
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section 34A of the 1991 Act, |
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(ii) | the reference to section 255(1)(a) included a |
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reference to section 38A(1)(a) or 39(1) or (2) of the |
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(iii) | the reference to section 255(3) included a reference |
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to section 38A(3) of the 1991 Act; |
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(d) | the references in paragraph (h) to sections 248 and 254 |
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included references to, respectively, sections 36 and 39(1) |
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or (2) of the 1991 Act; and |
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(e) | in paragraph (i), the words from “in the case of” to “relates” |
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5 (1) | Where the person has been released on licence under Part 2 of the |
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1991 Act or under section 60 of the Criminal Justice Act 1967 before |
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the commencement date, the person is to be treated as if the release |
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had been under this Chapter. |
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(2) | In particular, the following provisions apply. |
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(3) | A licence under section 34A of the 1991 Act is to be treated as if it |
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were a licence under section 246. |
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(4) | A licence under section 36 of the 1991 Act is to be treated as if it |
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were a licence under section 248. |
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(5) | Any condition of a licence specified under section 37 of the 1991 |
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Act is to have effect as if it were included under section 250 |
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(whether or not the condition is of a kind which could otherwise |
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be included under that section). |
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(6) | Where the licence is, on the commencement date, subject to a |
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suspension under section 38(2) of the 1991 Act, the suspension |
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continues to have effect for the period specified by the court |
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despite the repeal of that section. |
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(7) | A licence under section 40A of the 1991 Act is to be treated as if it |
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were a licence under this Chapter, except that in respect of any |
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failure (before or after the commencement date) to comply with |
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the conditions of the licence, the person is liable to be dealt with in |
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accordance with section 40A(4) to (6) (despite the repeal of that |
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section) and is not liable to be dealt with in any other way. |
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(8) | Sub-paragraph (1) does not affect the duration of the licence. |
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6 (1) | Where a person has been recalled under Part 2 of the 1991 Act |
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before the commencement date, the person is to be treated as if the |
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recall had been under section 254. |
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(2) | In particular, the following provisions apply. |
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(3) | If the Secretary of State has not referred the person’s case to the |
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Board under section 39(4) or 44A of the 1991 Act, the Secretary of |
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State must refer the case under section 255C(4). |
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(4) | If the Secretary of State has referred the person’s case to the Board |
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under section 39(4) or 44A of the 1991 Act, that reference is to be |
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treated as if it had been made under section 255C(4). |
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(5) | A determination of a reference under section 39(4) or 44A of the |
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1991 Act is to be treated as a determination under section 256(1). |
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(6) | If the person is released on licence, the duration of that licence is |
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determined in accordance with section 249 (subject to paragraphs |
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17, 19 and 26 of Schedule 20B). |
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7 | Rules made by virtue of section 42 of the 1991 Act have effect as if |
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made by virtue of section 257. |
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8 (1) | A person removed from prison under section 46A of the 1991 Act |
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before the commencement date is to be treated as having been |
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removed from prison under section 260. |
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(2) | Section 260 applies as if, in subsection (7)— |
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(a) | the reference to an extended sentence imposed under |
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section 227 or 228 were a reference to an extended sentence |
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imposed under section 85 of the Sentencing Act, and |
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(b) | the reference to the appropriate custodial term determined |
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under section 227 or 228 were a reference to the custodial |
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term determined under section 85. |
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9 | An order made under section 47 of the 1991 Act is to have effect as |
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if it were an order made under section 243. |
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10 | Section 264 applies as if the definition of “custodial period” in |
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subsection (6) included, in relation to an extended sentence |
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imposed under section 85 of the Sentencing Act, one-half of the |
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custodial term determined under that section.” |
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Repatriation of Prisoners Act 1984 (c. 47) |
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4 | In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to |
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provide for prisoner to be treated as having been released) for “section 244 |
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or 246” substitute “Chapter 6 of Part 12”. |
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Criminal Justice Act 1991 (c. 53) |
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5 | In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 |
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(transitional provisions relating to the coming into force of Part 2 of that |
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Crime (Sentences) Act 1997 (c. 43) |
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6 | Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within |
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the British Islands) is amended as follows. |
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7 | In paragraph 8 (transfers to Scotland)— |
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(a) | in sub-paragraph (2)(a), after “246 to 264A” insert “, 267A and 267B”; |
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(b) | in sub-paragraph (4)(a), for “and 249 to 264A” substitute “, 249 to |
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8 | In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and 254 |
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to 264A” substitute “, 254 to 264A, 267A and 267B”. |
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Extradition Act 2003 (c. 41) |
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9 | The Extradition Act 2003 is amended as follows. |
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10 | In section 59 (return of person to serve remainder of sentence), in subsection |
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(b) | in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”. |
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11 | In section 132 (return of person to serve remainder of sentence), in |
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(b) | in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”. |
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12 | In section 153B (return of person in pursuance of undertaking), in subsection |
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(a) | omit sub-paragraph (i); |
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(b) | in sub-paragraph (ii), for “section 244” substitute “Chapter 6 of Part |
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Criminal Justice Act 2003 (c. 44) |
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13 | The Criminal Justice Act 2003 is amended as follows. |
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14 | In section 240A(1)(a) (crediting of periods of remand on bail), omit the |
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words “committed on or after 4th April 2005”. |
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15 (1) | The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of |
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provisions in section 247 of the Criminal Justice Act 2003 comes fully into |
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(2) | Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and |
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Immigration Act 2008 (Commencement No.2 and Transitional and Savings |
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Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”. |
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16 | Omit section 262 and Schedule 20 (prisoners liable to removal from United |
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17 | Omit section 265(1A) (restriction on consecutive sentences for released |
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Domestic Violence, Crime and Victims Act 2004 (c. 28) |
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18 | Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and |
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Police and Justice Act 2006 (c. 48) |
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19 | Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006. |
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Criminal Justice and Immigration Act 2008 (c. 4) |
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20 | In the Criminal Justice and Immigration Act 2008, omit— |
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(a) | sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6); |
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(b) | paragraph 29(2) to (5) of Schedule 26; |
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(c) | paragraphs 8 and 9 of Schedule 27. |
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Coroners and Justice Act 2009 (c. 25) |
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21 | In the Coroners and Justice Act 2009, omit— |
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(b) | paragraph 43 of Schedule 22. |
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Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional |
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Provisions) Order 2008 (S.I. 2008/1466) |
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22 | Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement |
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No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked. |
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Criminal Justice Act 2003: restatement of transitional provision |
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1 | The Criminal Justice Act 2003 is amended as follows. |
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2 | In section 244 (duty to release prisoners on licence), after subsection (3) |
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“(4) | This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B |
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3 | In section 247 (release on licence of prisoner serving extended sentence), |
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after subsection (7) insert— |
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“(8) | In its application to a person serving a sentence imposed before 14 |
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July 2008, this section is subject to the modifications set out in |
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paragraph 15 of Schedule 20B (transitional cases).” |
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4 | In section 249 (duration of licence), at the end insert— |
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“(5) | This section is subject to paragraphs 17, 19 and 26 of Schedule 20B |
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5 (1) | Section 258 (early release of fine defaulters and contemnors) is amended as |
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(2) | After subsection (2) insert— |
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“(2A) | Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional |
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(3) | In subsection (3) after “in this section” insert “or in paragraph 35 of Schedule |
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6 | In section 260 (early removal of prisoners liable to removal from UK), after |
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“(8) | Paragraphs 36 and 37 of Schedule 20B (transitional cases) make |
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further provision about early removal of certain prisoners.” |
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7 | In section 263 (concurrent terms), after subsection (4) insert— |
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“(5) | This section is subject to paragraphs 21, 31 and 32 of Schedule 20B |
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8 | In section 264 (consecutive terms), after subsection (7) insert— |
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“(8) | This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule |
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20B (transitional cases).” |
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9 | After section 267A (inserted by Schedule 16) insert— |
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“267B | Modification of Chapter 6 in certain transitional cases |
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| Schedule 20B (which modifies this Chapter so as to restate, with |
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minor amendments, the effect of transitional provisions relating to |
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the coming into force of this Chapter) has effect.” |
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10 | After Schedule 20A (inserted by Schedule 16) insert— |
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Modifications of Chapter 6 of Part 12 in certain transitional cases |
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1 (1) | The following provisions apply for the purposes of this Schedule. |
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(2) | “The commencement date” means the date on which section 122 of |
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the Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
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(3) | “The 1967 Act” means the Criminal Justice Act 1967. |
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(4) | “The 1991 Act” means the Criminal Justice Act 1991. |
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(5) | A “section 85 extended sentence” means an extended sentence |
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under section 85 of the Sentencing Act and includes (in accordance |
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with paragraph 1(3) of Schedule 11 to that Act) a sentence under |
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section 58 of the Crime and Disorder Act 1998. |
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(6) | In relation to a section 85 extended sentence, “the custodial term” |
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and “the extension period” have the meaning given by that |
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(7) | References to section 86 of the Sentencing Act include (in |
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accordance with paragraph 1(3) of Schedule 11 to that Act) section |
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44 of the 1991 Act as originally enacted. |
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(8) | A “1967 Act sentence” is a sentence imposed before 1 October |
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(9) | A “1991 Act sentence” is a sentence which is— |
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(a) | imposed on or after 1 October 1992 but before 4 April 2005, |
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(b) | imposed on or after 4 April 2005 but before the |
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commencement date and is either— |
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(i) | imposed in respect of an offence committed before |
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(ii) | for a term of less than 12 months. |
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(10) | A “2003 Act sentence” is a sentence which is— |
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(a) | imposed on or after the commencement date, or |
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(b) | imposed on or after 4 April 2005 but before the |
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commencement date and is both— |
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(i) | imposed in respect of an offence committed on or |
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(ii) | for a term of 12 months or more. |
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(11) | Where an offence is found to have been committed over a period |
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of two or more days, or at some time during a period of two or |
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more days, it is to be taken for the purposes of this Schedule to |
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have been committed on the last of those days. |
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2 | The following dates (which are mentioned in this Schedule) are |
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dates on which changes to the law relating to the release and recall |
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of prisoners came into force— |
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1 October 1992 is the date on which Part 2 of the Criminal |
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Justice Act 1991 came into force; |
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30 September 1998 is the date on which certain provisions of |
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the Crime and Disorder Act 1998 came into force; |
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4 April 2005 is the date on which this Chapter came into force; |
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9 June 2008 is the date on which section 26 of the Criminal |
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Justice and Immigration Act 2008 came into force; |
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14 July 2008 is the date on which certain other provisions of |
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that Act came into force; |
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2 August 2010 is the date on which section 145 of the |
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Coroners and Justice Act 2009 came into force. |
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Prisoners serving 1991 Act sentences etc |
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3 (1) | This Part applies to certain persons serving a 1991 Act sentence. |
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(2) | This Part also applies to a person serving a 2003 Act sentence |
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(a) | a section 85 extended sentence, or |
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(b) | an extended sentence imposed under section 227 or 228 |
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(3) | But this Part does not apply to a person who— |
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(a) | has been released on licence under Part 2 of the 1991 Act, |
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(b) | has been recalled to prison, and |
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(c) | (whether or not having returned to custody in |
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consequence of that recall) is unlawfully at large on the |
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Duty to release on licence at two-thirds of sentence |
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4 (1) | This paragraph applies to a person in relation to whom— |
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(a) | all the conditions in sub-paragraph (2) are met, and |
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