Section 38: Interpretation
119.Subsections (1) and (2) further define a “period of imprisonment” so as to:
exclude suspended sentences unless a court subsequently orders that the suspended sentence is to take effect;
exclude (for the purpose of Condition 1 in section 32) any sentence which amounts to at least 12 months only by virtue of being comprised of consecutive sentences which amount in aggregate to more than 12 months; and
include indeterminate sentences and sentences served in institutions other than a prison.
120.Subsection (3) clarifies that a person subject to an order under section 5 of the Criminal Procedure Insanity Act 1964 has not been convicted of an offence for the purposes of section 32.
121.Subsection (4) defines the following terms for the purposes of the automatic deportation process:
British citizen;
Convention Rights;
Deportation order; and
Refugee convention.
