[F1Extended sentence of more than 12 months imposed before 1 October 1992U.K.
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)
27(1)This paragraph applies to a person if—U.K.
(a)the person is serving a sentence of imprisonment imposed before 1 October 1992,
(b)the sentence is for a term of more than 12 months,
(c)on the passing of the sentence an extended sentence certificate was issued, and
(d)the person has not previously been released from prison on licence in respect of that sentence.
(2)This paragraph also applies to a person if—
(a)the person is serving a sentence of imprisonment imposed before 1 October 1992,
(b)the sentence is for a term of more than 12 months,
(c)on the passing of the sentence an extended sentence certificate was issued,
(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).
(3)In this paragraph “extended sentence certificate” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section.
28(1)It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph—U.K.
(a)in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;
(b)in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.
(2)After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.
(3)The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.
(4)Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more).]