http://www.legislation.gov.uk/id/ukpga/1998/37

http://www.legislation.gov.uk/ukpga/1998/37/section/111/2014-04-22

Crime and Disorder Act 1998

An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes.

1998-07-31

text

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en

Statute Law Database

2024-05-17

Expert Participation

2014-04-22

Crime and Disorder Act 1998

Sch. 3

para. 3(11A)

Criminal Justice Act 2003

Sch. 3

para. 71(d)

s. 336(3)

(4)

Crime and Disorder Act 1998

s. 51(2A)-(2E)

Judicial Review and Courts Act 2022

s. 10(4)

s. 51(4)

Crime and Disorder Act 1998

s. 51(3A)

(3B)

Judicial Review and Courts Act 2022

s. 10(5)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(A1)

Judicial Review and Courts Act 2022

s. 10(7)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(3A)-(3E)

Judicial Review and Courts Act 2022

s. 10(9)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(4A)

(4B)

Judicial Review and Courts Act 2022

s. 10(10)

s. 51(4)

Crime and Disorder Act 1998

s. 52(2A)

Judicial Review and Courts Act 2022

s. 10(11)

s. 51(4)

Crime and Disorder Act 1998

s. 47(A1)

Judicial Review and Courts Act 2022

s. 12(2)

s. 51(4)

Crime and Disorder Act 1998

s. 47(1)-(1F)

Judicial Review and Courts Act 2022

s. 12(3)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(a)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(b) and word

Judicial Review and Courts Act 2022

s. 12(6)(c)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4A)

Judicial Review and Courts Act 2022

s. 12(7)

s. 51(4)

Crime and Disorder Act 1998

s. 50A(6)

Judicial Review and Courts Act 2022

Sch. 2

para. 8(2)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 1(1C)

Crime and Security Act 2010

s. 40(2)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Crime and Security Act 2010

s. 41(3)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Crime and Security Act 2010

s. 41(4)(b)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2AA)

Crime and Security Act 2010

s. 41(4)(c)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 24(c)

s. 21

33

42

58

75

93

s. 185(1)

art. 4(f)(vi)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(4)(a)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 9(2AA)

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(5)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 41(5)(i)

(ii)

Counter-Terrorism and Sentencing Act 2021

Sch. 13

para. 37(3)

s. 50(3)(j)

Part V Miscellaneous and supplemental

Miscellaneous

111I1Early release in Scotland: two or more sentences.

1

After section 1 of the 1993 Act there shall be inserted the following section—

1A Application to persons serving more than one sentence.
Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act—
a
nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms;
b
nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and
c
where he is released on licence under this Part of this Act, he shall be on a single licence which—
i
shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and
ii
shall be subject to such conditions as may be specified or required by this Part of this Act in respect of any of the sentences.

2

After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—

8
Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full.

3

For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—

5
For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—
a
the sentences were passed at the same time; or
b
where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.

4

In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—

a

for the words “a prisoner” there shall be substituted the words “ an existing prisoner ”;

b

the word “and” after head (a) shall cease to have effect;

c

in head (b), for the words “that date” there shall be inserted the words “ the date on which section 111 of the Crime and Disorder Act 1998 comes into force ”; and

d

after head (b) there shall be inserted the following—

; and
c
he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.

5

After that paragraph there shall be inserted the following paragraph—

6C
1
This paragraph applies where—
a
an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;
b
on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and
c
the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.
2
In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.
3
In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.
4
In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which—
a
shall (unless revoked) remain in force until the later of—
i
the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release, he had not forfeited remission of any part of that sentence under those provisions; or
ii
the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and
b
shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison, shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date.
5
In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above.

6

Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.

7

Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.

8

In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word “Act” there were inserted the words “ or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act ”.