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Criminal Justice Act 2003

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Changes over time for: Paragraph 5

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Point in time view as at 03/02/2025.

Changes to legislation:

Criminal Justice Act 2003, Paragraph 5 is up to date with all changes known to be in force on or before 26 February 2025. 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. Help about Changes to Legislation

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[F15(1)As soon as a person to whom paragraph 4 applies [F2(but to whom section 247A does not apply)] has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph.U.K.

(2)If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term.

(3)Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

[F3(4)Where section 247A applies to a person—

(a)to whom paragraph 4 also applies, and

(b)who is serving a section 85 extended sentence,

it does so with the modifications set out in sub-paragraphs (5) and (6).

(5)Section 247A(7) applies to the person (despite subsection (6) of that section).

(6)References in section 247A to—

(a)the “appropriate custodial term” are to be read as references to the custodial term;

(b)the “requisite custodial period” are to be read as references to two-thirds of the custodial term.]]

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