Section 42
SCHEDULE 7U.K. Domestic provisions not applicable to ICC prisoners
IntroductionU.K.
1The provisions specified in this Schedule do not apply in relation to a person detained in England and Wales or Northern Ireland in pursuance of a sentence of the ICC.
Provisions affecting length of sentenceU.K.
2(1)The following provisions of the law of England and Wales do not apply—
(a)section 24 of the Prison Act 1952 (c. 52) (calculation of term of sentence: meaning of “month”);
(b)section 49(2) of that Act (deduction of periods unlawfully at large);
(c)section 23(3) [F1and (3B)] of the Criminal Justice Act 1961 (c. 39) (discharge at weekend [F2, on a holiday or on a working day immediately before a non-working day]);
[F3(d)[F4sections 240ZA] and 240A of the Criminal Justice Act 2003 [F5and section 325 of the Sentencing Code] (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment [F6or detention and detention and training orders]).]
(2)The following provisions of the law of Northern Ireland do not apply—
any provision of rules under section 13 of the Prisons (Northern Ireland) Act 1953 (c. 18 (N.I.)) (prison rules) as to—
(a)remission, or
(b)discharge at a weekend or on a holiday;
section 38(2) of that Act (deduction of periods unlawfully at large);
section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (taking into account of time spent in custody).
Textual Amendments
F1Words in Sch. 7 para. 2(1)(c) inserted (12.12.2023) by Offenders (Day of Release from Detention) Act 2023 (c. 25), ss. 2(a), 3(3); S.I. 2023/1329, reg. 2
F2Words in Sch. 7 para. 2(1)(c) substituted (12.12.2023) by Offenders (Day of Release from Detention) Act 2023 (c. 25), ss. 2(b), 3(3); S.I. 2023/1329, reg. 2
F3Sch. 7 para. 2(1)(d) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 22(7), 153(7); S.I. 2008/2712, art. 2, Sch. para. 2
F4Words in Sch. 7 para. 2(1)(d) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 13; S.I. 2012/2906, art. 2(k)
F5Words in Sch. 7 para. 2(1)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 179 (with Sch. 27); S.I. 2020/1236, reg. 2
F6Words in Sch. 7 para. 2(1)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 13
Provisions relating to early release or release on licenceU.K.
3(1)The following provisions of the law of England and Wales do not apply—
section 28 of the Prison Act 1952 (c. 52) (power to discharge prisoners temporarily on grounds of ill health);
any provision of rules under section 47 of that Act (prison rules) permitting temporary release on licence;
section 32 of the Criminal Justice Act 1982 (c. 48) or [F7[F8sections 243A] to 264 of the Criminal Justice Act 2003](early release of prisoners);
Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (release on licence of life prisoners).
(2)The following provisions of the law of Northern Ireland do not apply—
any provision of rules under section 13 of the Prison Act (Northern Ireland) 1953 (c.18 (N.I.)) (prison rules) permitting temporary release on licence;
[F9the Life Sentences (Northern Ireland) Order 2001] (release on licence of life prisoners);
[F10section 24 of the Prison Act (Northern Ireland) 1953] (power to discharge prisoners temporarily on grounds of ill health).
[F11Chapter 4 of Part 2 to the Criminal Justice (Northern Ireland) Order 2008 (release on licence of certain prisoners).]
Textual Amendments
F7Words in Sch. 7 para. 3(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, Sch. 32 Pt. 1 para. 139(3); S.I. 2005/950, art. 2(1) (subject to Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F8Words in Sch. 7 para. 3(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 4; S.I. 2012/2906, art. 2(l)
F9Words in Sch. 7 para. 3(2) substituted (1.9.2001) by S.I. 2001/2565, arts. 1(3), 5(a); S.I. 2001/2161, art. 2
F10Words in Sch. 7 para. 3(2) substituted (1.9.2001) by S.I. 2001/2565, arts. 1(3), 5(b); S.I. 2001/2161, art. 2
F11Words in Sch. 7 para. 3(2) inserted (15.5.2008) by Criminal Justice (Northern Ireland Consequential Amendments Order 2008 (S.I. 2008/1241), arts. 1(2), 5(2) (see S.R. 2008/217, art. 2, Sch.)