Legal Aid, Sentencing and Punishment of Offenders Act 2012

2 (1) The following provisions apply in relation to any person who falls to be released under Chapter 6 on or after the commencement date— E+W

(a) section 108 (but this is subject to sub-paragraph (3));

(b) in section 110—

(i) subsections (1) to (7), (9) and (12) so far as they relate to section 240ZA of the 2003 Act, and

(ii) subsection (10);

(c) section 111;

(d) section 115;

(e) section 116;

(f) Part 1 of Schedule 13 and section 110(13) so far as it relates to that Part (but this is subject to sub-paragraph (3)).

(2) Section 117 applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date.

(3) Where a court, before the commencement date, has given a direction under section 240(3) of the 2003 Act or section 246(2) of the Armed Forces Act 2006—

(a) if the number of days in relation to which the direction is given is greater than the number of days calculated under the new provisions, the direction continues to have effect (in place of the new provisions);

(b) in any other case, the direction ceases to have effect.

(4) In sub-paragraph (3) “the new provisions” means—

(a) where the direction was given under section 240(3) of the 2003 Act, section 240ZA of that Act;

(b) where the direction was given under section 246(2) of the Armed Forces Act 2006, section 246 of that Act as amended by Part 1 of Schedule 13.