Modifications etc. (not altering text)
C1Pt. I (ss. 1-27) modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
C2Pt. I (ss. 1-27) applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)
C3Pt. I (ss. 1-27) applied (S.) (8.10.2001) by 2001 asp 7, ss. 4, 5, Sch. Pt. 2 para. 29; S.S.I. 2001/274, art. 3(3)
(1)Where a long-term prisoner is released on licence under this Part of this Act, the licence shall (unless revoked) remain in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed.
(2)Where a life prisoner is so released, the licence shall (unless revoked) remain in force until his death.
(3)Without prejudice to any order under section 212A of the 1975 Act, where a short-term prisoner is released on licence—
(a)under section 3(1) of this Act, the licence shall (unless revoked) remain in force until the date on which, but for such release, he would have been released under section 1(1) of this Act;
(b)by virtue of section 16(7) of this Act, the licence shall, unless revoked, remain in force until [F1 there has elapsed—
(i)a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2)(a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or
(ii)subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence,
whichever results in the later date.
(4)In subsection (3)(b) above, “the original sentence” and “the new offence” have the same meanings as in section 16 of this Act.]
Textual Amendments
F1Words and s. 11(3)(b)(i)(ii)(4) substituted for words in s. 11(3)(b) (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 179(2); S.I. 1996/517, art. 3(1) (which substitution fell (1.4.1996) by reason of the repeal (S.) of 1995 c. 20 by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5)