Criminal Justice Act 2003

Modification of early release provisions E+W

16 (1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications. E+W

(2) Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to—

(a) an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and

(b) an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.

(3) Any reference to the relevant part of the sentence is to be read—

(a) in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and

(b) in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).

(4) In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one—

(a) in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or

(b) in respect of which paragraph 3(3) applies.

17 E+W In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of “life prisoner”, the reference to a transferred prisoner as defined by section 273 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act.