Criminal Justice Act 1982

Criminal Law Act 1977 (c. 45)

38 In section 36 of the Criminal Law Act 1977 (enforcement of fines imposed on young offenders)—

(a) in subsection (2) for the words " the statutory restrictions upon the imprisonment of young offenders " there shall be substituted the words " section 1 of the Criminal Justice Act 1982 "; and

(b) in subsection (4)(a) for the words " 19(1) of the Criminal Justice Act 1948 " there shall be substituted the words " 17 of the Criminal Justice Act 1982 ".

39 In subsection (5) of section 38A of that Act (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine) in the definition of " prison ", after paragraph (i) there shall be inserted the following paragraph—

“(ia) in the case of a person under that age arrested in England and Wales, any place in which he could be detained under section 12(10) of the Criminal Justice Act 1982 ;”.

40 The following shall be inserted after paragraph 3 of Schedule 9 to that Act (ancillary provisions relating to partly suspended sentences)—

“Consecutive sentences of imprisonment

3A (1) This paragraph applies where—

(a) an offender is serving consecutive sentences of imprisonment ; and

(b) at least one of the sentences was passed with an order under section 47(1) of this Act.

(2) Where this paragraph applies the offender shall, so far as the consecutive sentences are concerned, be treated for the purposes—

(a) of computing the date when he should be released from prison ; and

(b) of calculating the term of imprisonment liable to be restored under section 47(3) of this Act,

as if he had been sentenced to a single term of imprisonment with an order under section 47(1) of this Act of which the part which he is immediately required to serve in prison were the aggregate—

(i) of the part which he is required to serve in prison of any consecutive sentence passed with an order under section 47(1) of this Act; and

(ii) of the whole term of any other consecutive sentence,

and of which the part which is held in suspense were the aggregate of all parts of the sentences which were ordered to be held in suspense under that section.

(3) Section 47(6) of this Act shall have effect, in relation to any consecutive sentence passed with an order under section 47(1) of this Act, as if for the words following the word "prison " there were substituted the following words " if—

(a) none of the sentences to which he is subject had been passed with an order under subsection (1) above; and

(b) he had not had, in respect of any sentence passed with such an order, any remission under section 25(1) of the [1952 c. 52.] Prison Act 1952 (industry and good conduct in prison)

(4) In this paragraph " a consecutive sentence" means a sentence which is one of two or more sentences of imprisonment the terms of which have been ordered to run consecutively.”.

41 In paragraph 7 of that Schedule, for the word " Where " there shall be substituted the words " Subject to section 60(1C) of the [1967 c. 80.] Criminal Justice Act 1967 (release on licence), where ".