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[F132(1)This paragraph applies where—U.K.
(a)one or more of the sentences is a 1967 Act sentence, and
(b)one or more of them is a 1991 Act sentence.
(2)Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).
(3)For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—
(a)the terms mentioned in sub-paragraph (1) are to be treated as a single term, and
(b)that single term is to be treated as if it were a 1967 Act sentence.
(4)If one or more of the sentences is a section 85 extended sentence—
(a)for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and
(b)the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).
(5)That period is to be increased—
(a)if only one of the sentences is a section 85 extended sentence, by the extension period;
(b)if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;
(c)if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.
(6)If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.]
Textual Amendments
F1Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)
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