Draft Order laid before Parliament under section 330(5) of the Criminal Justice Act 2003, for approval by resolution of each House of Parliament.
2019 No.
The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019
Made
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 267, 330(3) and 330(4) of the Criminal Justice Act 20031, makes the following Order. In accordance with section 330(5) of that Act, a draft of the instrument was laid before Parliament, and approved by a resolution of each House of Parliament.
Citation and commencement1
This Order may be cited as the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 and shall come into force on 1st April 2020.
Interpretation2
1
In this Order—
“the 2003 Act” means the Criminal Justice Act 2003,
“relevant violent or sexual offence” means an offence listed in Part 1 or 2 of Schedule 15 to the 2003 Act for which a sentence of life imprisonment may be imposed.
2
In this Order, a reference to a term of imprisonment is to be read as including a reference to a sentence falling within section 237(1)(b) of the 2003 Act.
Reference in section 244 of the 2003 Act3
In section 244 of the 2003 Act (duty to release prisoners), the reference to one-half in subsection (3)(a) is to be read, in relation to a prisoner sentenced to a term of imprisonment of 7 years or more for a relevant violent or sexual offence, as a reference to two-thirds.
Reference in section 264 of the 2003 Act4
In section 264 of the 2003 Act (consecutive terms), the reference to one-half in subsection (6)(d) is to be read, in relation to a sentence to a term of imprisonment of 7 years or more for a relevant violent or sexual offence, as a reference to two-thirds.
Application provisions5
Articles 3 and 4 do not apply—
a
in relation to any sentence imposed before the day on which this Order comes into force,
b
in relation to an offender who was aged under 18 at the time the sentence for the relevant violent or sexual offence was imposed, or
c
in relation to a sentence imposed under section 236A of the 2003 Act (special custodial sentence for offenders of particular concern).
(This note is not part of the Order)