- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies to a short-term or long-term prisoner who is released under this Part if—
(a)before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment; and
(b)whether before or after that date, he is convicted of that offence (“the new offence”).
(2)Subject to subsection (3) below, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison for the whole or any part of the period which—
(a)begins with the date of the order; and
(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
(3)A magistrates' court—
(a)shall not have power to order a person to whom this section applies to be returned to prison for a period of more than six months; but
(b)may commit him in custody or on bail to the Crown Court for sentence in accordance with section 42 of the 1973 Act (power of Crown Court to sentence persons convicted by magistrates' courts of indictable offences).
(4)The period for which a person to whom this section applies is ordered under subsection (2) above to be returned to prison—
(a)shall be taken to be a sentence of imprisonment for the purposes of this Part;
(b)shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and
(c)in either case, shall be disregarded in determining the appropriate length of that sentence.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: