SCHEDULES

F1SCHEDULE 20BModifications of Chapter 6 of Part 12 in certain transitional cases

Part 2Prisoners serving 1991 Act sentences etc

Duty to release unconditionally at three-quarters of sentence

9

(1)

This paragraph applies to a person if—

(a)

the person has been convicted of an offence committed before 30 September 1998,

(b)

the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,

(c)

the sentence is for a term of 12 months or more,

(d)

the person has been released on licence under Part 2 of the 1991 Act, and

(e)

the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(2)

But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.

10

As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally.