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Powers of Criminal Courts (Sentencing) Act 2000, Cross Heading: Sexual and violent offences: licences etc. is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1S. 85 repealed (4.4.2005 except in relation to a case in which the sentence of imprisonment is imposed in respect of an offence committed before 4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 303(d)(ii), 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 22 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
(1)Where, in the case of a long-term or short-term prisoner—
(a)the whole or any part of his sentence was imposed for a sexual offence committed before 30th September 1998, and
(b)the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) of the M1Criminal Justice Act 1991, ordered that this section should apply,
sections 33(3) and 37(1) of that Act shall each have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.
(2)Expressions used in this section shall be construed as if they were contained in Part II of the M2Criminal Justice Act 1991.
(3)The reference in subsection (1) above to section 33(3) of the M3Criminal Justice Act 1991 is to section 33(3) as it has effect without the amendment made by section 104(1) of the M4Crime and Disorder Act 1998 (which substituted the words “ on licence ” for the word “unconditionally” and does not apply in relation to a prisoner whose sentence or any part of whose sentence was imposed for an offence committed before 30th September 1998).
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