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Criminal Justice Act 2003

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Version Superseded: 01/12/2020

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237Meaning of “fixed-term prisoner” [F1etc]E+W
This section has no associated Explanatory Notes

(1)In this Chapter “fixed-term prisoner” means—

(a)a person serving a sentence of imprisonment for a determinate term, or

(b)a person serving a determinate sentence of detention under section 91 [F2or 96] of the Sentencing Act or under section [F3226A, 226B,] [F4227 ][F5, 228 or 236A] of this Act.

[F6and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).]

[F7(1B)In this Chapter—

(a)references to a sentence of imprisonment include such a sentence passed by a service court;

(b)references to a sentence of detention under section 91 of the Sentencing Act include a sentence of detention under section 209 of the Armed Forces Act 2006;

[F8(ba)references to a sentence under section 226A of this Act include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb)references to a sentence under section 226B of this Act include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;]

(c)references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 [F9or section 240A]; F10...

(d)references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act[F11, and

(e)references to a sentence under section 236A of this Act include a sentence under that section passed as a result of section 224A of that Act.]

(1C)Nothing in subsection (1B) has the effect that [F12section 240ZA] or 265 (provision equivalent to which is made by the Armed Forces Act 2006) [F13or section 240A] applies to a service court.]

(2)In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

[F14(3)In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section [F15226A][F16, 227 or 236A] of this Act are references to a sentence of detention in a young offender institution.]

Textual Amendments

F1Word in s. 237 heading inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7S. 237(1B)(1C) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 237(1B) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(8)

Commencement Information

I1S. 237 wholly in force at 4.4.2005; s. 237 not in force at Royal Assent, see s. 336(3); s. 237 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 237 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

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