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| Schedule 4, page 149, line 4, at end insert— |
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| | ‘(5A) | If a local authority has parental responsibility for an offender who |
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| | is in its care or provided with accommodation by it in the exercise |
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| | of any social services functions, the reference in sub-paragraph |
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| | (5)(b) to a parent or guardian of the offender is to be read as a |
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| | reference to that authority. |
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| | (5B) | In sub-paragraph (5A)— |
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| | “local authority” has the same meaning as it has in Part 1 of the |
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| | Criminal Justice and Immigration Act 2007 by virtue of section 7 of |
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| | “parental responsibility” has the same meaning as it has in the |
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| | Children Act 1989 by virtue of section 3 of that Act, and |
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| | “social services functions” has the same meaning as it has in the Local |
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| | Authority Social Services Act 1970 by virtue of section 1A of that |
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| Schedule 5, page 150, line 32, leave out ‘“convicted”’ and insert ‘“conviction”’. |
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| Schedule 5, page 151, line 8, leave out ‘and’ and insert— |
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| | ‘(aa) | in paragraph (aa), for the words following “conviction” there were |
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| | substituted “must be, in the case of an amount in default which is |
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| | specified in the first column of the following Table, not more than the |
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| | number of hours set out opposite that amount in the second column. |
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| | | | | | | | | | | | | | | An amount not exceeding £250 |
| | | | | An amount exceeding £250 but |
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| Schedule 5, page 151, line 9, leave out ‘18”’ and insert ‘12”’. |
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| Schedule 5, page 151, line 17, leave out ‘12’ and insert ‘10’. |
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| Schedule 5, page 151, line 19, leave out ‘16”’ and insert ‘12”’. |
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| Schedule 21, page 218, line 26, at end insert— |
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| | ‘Criminal Justice Act 1961 (c. 39) |
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| | 2A | In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references |
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| | to imprisonment or detention in case of children and young persons) after “in |
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| | accordance with” insert “a determination of the Secretary of State or of a |
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| | person authorised by him, in accordance with arrangements made by the |
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| | Secretary of State or in accordance with”.’. |
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| Schedule 21, page 220, leave out line 6 and insert— |
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| | ‘8A | The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the |
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| Schedule 21, page 220, line 10, at end insert— |
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| | ‘9A | In section 92 (detention under sections 90 and 91: place of detention etc.) omit |
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| Schedule 22, page 223, line 22, at end insert— |
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| | ‘5A | In subsection (5) of section 148 of the Criminal Justice Act 2003 (c. 44) |
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| | (restrictions on imposing community sentences), as inserted by section 11 of |
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| | this Act, the reference to a youth rehabilitation order is to be read as including |
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| | a reference to any youth community order within the meaning of section |
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| | 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately |
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| | before the commencement of paragraph 58 of Schedule 4 to this Act).’. |
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| Schedule 23, page 228, line 15, at end insert— |
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| ‘Social Work (Scotland) Act 1968 |
| In section 94(1), in the definition of “supervision |
| | | | | order”, the words “the Powers of Criminal Courts |
| | | | | (Sentencing) Act 2000 or”.’. |
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| Schedule 23, page 228, line 16, column 2, at beginning insert— |
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| Schedule 23, page 228, line 17, at end insert— |
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| ‘Northern Ireland (Modification of |
| In Schedule 1, the entry relating to section 25(2) of |
| | | | Enactments — No. 1) Order |
| the Children and Young Persons Act 1969. |
| | | | | | | | | Transfer of Functions (Local |
| In Schedule 2, the entry relating to section 25 of the |
| | | | Government, etc.) (Northern |
| Children and Young Persons Act 1969.’. |
| | | | Ireland) Order 1973 (S.R. & O. |
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| Schedule 23, page 229, line 2, column 2, leave out ‘paragraph’ and insert |
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| Schedule 23, page 229, line 11, column 2, at end insert— |
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| | ‘In Schedule 13, paragraph 35(3).’. |
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| Schedule 23, page 229, line 19, at end insert— |
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| ‘Children (Prescribed Orders — |
| | | | | Northern Ireland, Guernsey and |
| (a) | sub-paragraph (a)(ii); |
| | | | Isle of Man) Regulations 1991 |
| (b) | sub-paragraph (b)(i), (ii), (iv) and (v); and |
| | | | | (c) | sub-paragraph (c)(ii) and (iii).’. |
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| Schedule 23, page 229, line 20, column 2, leave out ‘2(2)(b)’ and insert ‘2(2)’. |
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| Schedule 23, page 229, line 21, at end insert— |
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| ‘Children (Northern Ireland |
| | | | | Consequential Amendments) |
| | | | | Order 1995 (S.I. 1995/ 756) |
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| Schedule 23, page 230, line 42, column 2, after ‘33,’ insert ‘, 34(b)’. |
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| Schedule 23, page 230, line 42, column 2, after ‘33,’ insert ‘, 39’. |
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| Schedule 23, page 230, column 2, leave out line 43 and insert ‘, 131 and 132’. |
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| Schedule 23, page 231, line 8, column 2, after ‘paragraphs’ insert ‘37(b),’. |
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| Schedule 23, page 231, line 40, column 2, at end insert ‘14,’. |
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| Schedule 23, page 231, line 41, column 2, after ‘64(3)(a)(ii),’ insert ‘70(5)(a) and |
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| Schedule 23, page 231, line 42, column 2, after ‘129’ insert ‘, 131(3)’. |
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| Schedule 23, page 232, line 18, column 2, at end insert— |
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| Clause 16, page 10, line 23, leave out subsection (2) and insert— |
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| | ‘(2) | After section 255 of that Act (recall of prisoners released early under section 246) |
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| | “255A | Further release after recall: introductory |
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| | (1) | This section applies for the purpose of identifying which of sections |
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| | 255B to 255D governs the further release of a person who has been |
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| | recalled under section 254 (“the prisoner”). |
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| | (2) | The prisoner is eligible to be considered for automatic release unless— |
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| | (a) | he is an extended sentence prisoner or a specified offence |
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| | (b) | he has, during the same term of imprisonment, already been |
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| | released under section 255B(1)(b) or (2) or section 255C(2). |
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| | (3) | If the prisoner is eligible to be considered for automatic release the |
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| | Secretary of State must, on recalling him, consider whether he is suitable |
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| | (4) | For this purpose “automatic release” means release at the end of the |
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| | period of 28 days beginning with the date on which the prisoner is |
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| | (5) | The person is suitable for automatic release only if the Secretary of State |
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| | is satisfied that he will not present a risk of serious harm to members of |
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| | the public if he is released at the end of that period. |
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| | (6) | The prisoner must be dealt with— |
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| | (a) | in accordance with section 255B if he is suitable for automatic |
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| | (b) | in accordance with section 255C if he is eligible to be considered |
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| | for automatic release but was not considered to be suitable for it; |
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| | (c) | in accordance with section 255C if he is a specified offence |
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| | (d) | in accordance with section 255D if he is an extended sentence |
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| | (7) | The prisoner is an “extended sentence prisoner” if he is serving an |
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| | extended sentence imposed under section 227 or 228 of this Act, section |
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| | 58 of the Crime and Disorder Act 1998 or section 85 of the Powers of |
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| | Criminal Courts (Sentencing) Act 2000. |
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| | (8) | The prisoner is a “specified offence prisoner” if (not being an extended |
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| | sentence prisoner) he is serving a sentence imposed for a specified |
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| | offence within the meaning of section 224. |
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| | (9) | The Secretary of State may by order amend the number of days for the |
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| | time being specified in subsection (4). |
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| | (10) | In subsection (2) “term of imprisonment” means— |
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| | (a) | in relation to a prisoner who is, or is to be treated as, serving a |
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| | single term of imprisonment, that term; |
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| | (b) | in relation to a prisoner serving two or more sentences of |
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| | imprisonment (whether concurrently or consecutively), the |
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| | aggregrate of the periods that the prisoner is required— |
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| | (i) | to serve in prison, or |
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| | (11) | In subsection (5) “serious harm” means death or serious personal injury, |
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| | whether physical or psychological. |
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| | (1) | A prisoner who is suitable for automatic release must— |
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| | (a) | on his return to prison, be informed that he will be released under |
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| | (b) | at the end of the 28 day period mentioned in section 255A(4) (or |
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| | such other period as is specified for the purposes of that |
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| | subsection), be released by the Secretary of State on licence |
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| | under this Chapter (unless he has already been released under |
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| | (2) | The Secretary of State may, at any time after a prisoner who is suitable |
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| | for automatic release is returned to prison, release him again on licence |
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| | (3) | The Secretary of State must not release a person under subsection (2) |
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| | unless the Secretary of State is satisfied that it is not necessary for the |
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| | protection of the public that he should remain in prison until the end of |
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| | the period mentioned in subsection (1)(b). |
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| | (4) | If a prisoner who is suitable for automatic release makes representations |
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| | under section 254(2) before the end of that period, the Secretary of State |
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| | must refer his case to the Board on the making of those representations. |
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| | (5) | Where on a reference under subsection (4) relating to any person the |
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| | Board recommends his immediate release on licence under this Chapter, |
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| | the Secretary of State must give effect to the recommendation. |
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| | (6) | In the case of an intermittent custody prisoner who has not yet served in |
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| | prison the number of custodial days specified in the intermittent custody |
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| | order, any recommendation by the Board as to immediate release on |
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| | licence is to be a recommendation as to his release on licence until the end |
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| | of one of the licence periods specified by virtue of section 183(1)(b) in |
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| | the intermittent custody order. |
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| | 255C | Specified offence prisoners and those not suitable for automatic |
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| | (1) | This section applies to a prisoner who— |
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| | (a) | is a specified offence prisoner, or |
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| | (b) | was eligible to be considered for automatic release but was not |
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| | considered to be suitable for it. |
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| | (2) | The Secretary of State may, at any time after the person is returned to |
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| | prison, release him again on licence under this Chapter. |
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| | (3) | The Secretary of State must not release a person under subsection (2) |
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| | unless the Secretary of State is satisfied that it is not necessary for the |
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| | protection of the public that he should remain in prison. |
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| | (4) | The Secretary of State must refer to the Board the case of any person to |
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| | whom this section applies— |
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| | (a) | if the person makes representations under section 254(2) before |
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| | the end of the period of 28 days beginning with the date on which |
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| | he is returned to prison, on the making of those representations, |
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| | (b) | if, at the end of that period, the person has not been released |
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| | under subsection (2) and has not made such representations, at |
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| | (5) | Where on a reference under subsection (4) relating to any person the |
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| | Board recommends his immediate release on licence under this Chapter, |
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| | the Secretary of State must give effect to the recommendation. |
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| | (6) | In the case of an intermittent custody prisoner who has not yet served in |
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| | prison the number of custodial days specified in the intermittent custody |
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| | order, any recommendation by the Board as to immediate release on |
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| | licence is to be a recommendation as to his release on licence until the end |
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| | of one of the licence periods specified by virtue of section 183(1)(b) in |
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| | the intermittent custody order. |
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| | (7) | The Secretary of State may by order amend the number of days for the |
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| | time being specified in subsection (4)(a). |
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| | 255D | Extended sentence prisoners |
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| | (1) | The Secretary of State must refer to the Board the case of any extended |
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| | (2) | Where on a reference under subsection (1) relating to any person the |
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| | Board recommends his immediate release on licence under this Chapter, |
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| | the Secretary of State must give effect to the recommendation.”’. |
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| Clause 16, page 12, line 29, leave out ‘254A(7), 254B(4) or 254C(2)’ and insert |
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| ‘255B(4), 255C(4) or 255D(1)’. |
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| Clause 16, page 12, leave out lines 34 and 35 and insert— |
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| Clause 17, page 12, line 43, at end insert— |
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| | ‘( ) | In consequence of the amendments made by section 16 and this section, the |
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| | heading to section 256 becomes “Review by the Board”.’. |
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| Clause 26, page 19, line 27, at end insert— |
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| | ‘( ) | In that section, after subsection (1B) (inserted by subsection (2) above) insert— |
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| | “(1C) | In determining whether a conviction is unsafe for the purposes of |
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| | subsection (1)(a) the Court of Appeal may, if they think it appropriate in |
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| | all the circumstances of the case, disregard any development in the law |
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| | since the date of the conviction.” ’. |
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| Clause 28, page 20, line 14, leave out ‘In’. |
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| Clause 28, page 20, line 14, after ‘sentencing)’ insert ‘is amended as follows.’. |
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| Clause 28, page 20, line 16, after ‘to’ insert ‘a case in which the judge made’. |
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| Clause 28, page 20, line 17, leave out ‘order under that section’ and insert |
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| Clause 28, page 20, line 28, at end insert— |
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| | ‘( ) | In subsection (9) after paragraph (b) insert ‘‘and— |
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|