Legal Aid, Sentencing and Punishment of Offenders Act 2012

116 Miscellaneous amendments relating to release and recall E+W

(1) The Criminal Justice Act 2003 is amended as follows.

(2) Omit section 248(2) (Secretary of State to consult Board before releasing extended sentence prisoner on compassionate grounds).

(3) In section 256(1) (review by the Board)—

(a) for “recommend” substitute “ direct ”;

(b) for “recommendation” substitute “ direction ”.

(4) In section 256A (further review)—

(a) in subsection (4)(a), for “recommending” substitute “ directing ”;

(b) in subsection (4)(c), for “recommendation” substitute “ direction ”;

(c) in subsection (5), for “recommendation” (in both places) substitute “ direction ”.

(5) In section 260(5) (duties and powers remaining exercisable in relation to persons removed from prison), after “244” insert “ , 247 ”.

(6) In section 261(5) (re-entry to UK of offender removed early: re-release), after “sentence expiry date,” insert “—

(a) if the person is serving an extended sentence imposed under section 227 or 228, section 247 has effect in relation to that person as if the reference to one-half of the appropriate custodial term were a reference to the further custodial period;

(b) in any other case,”.

(7) In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, after the words “requisite custodial period” insert “—

(a) in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);

(b) in any other case,”.

(8) In section 263(2)(b) (concurrent terms: authority to release), for “section 244” substitute “ section 246 ”.

(9) In section 263(2)(c) (concurrent terms: licence period), for the words “for so long, and subject to such conditions, as is” substitute “—

(i) until the last date on which the offender is required to be on licence in respect of any of the terms, and

(ii) subject to such conditions as are”.