Consequential and transitional provision
6Consequential amendments relating to transitional cases: England and Wales
1
Schedule 20B to the Criminal Justice Act 2003 (modifications of release provisions in certain transitional cases) is amended as follows.
2
In paragraph 5 (duty to release on licence at two-thirds of sentence)—
a
in sub-paragraph (1), after “paragraph 4 applies” insert “
(but to whom section 247A does not apply)
”
;
b
after sub-paragraph (3) insert—
4
Where section 247A applies to a person—
a
to whom paragraph 4 also applies, and
b
who is serving a section 85 extended sentence,
it does so with the modifications set out in sub-paragraphs (5) and (6).
5
Section 247A(7) applies to the person (despite subsection (6) of that section).
6
References in section 247A to—
a
the “appropriate custodial term” are to be read as references to the custodial term;
b
the “requisite custodial period” are to be read as references to two-thirds of the custodial term.
3
In paragraph 6(1) (duty to release on direction of Parole Board) after “paragraph 4 applies” insert “
(but to whom section 247A does not apply)
”
.
4
In paragraph 15(2) (modification of section 247 for certain extended sentence prisoners under section 227 or 228) for “Section 247 (release of prisoner on licence) applies to P” substitute “
If section 247 (release of prisoner on licence) applies to P, it applies
”
.
5
In paragraph 17 (licence to remain in force for three-quarters of sentence)—
a
in sub-paragraph (1), after “244” insert “
, 247A
”
;
b
after sub-paragraph (1) insert—
1A
But if section 247A would (disregarding this sub-paragraph) require the release on licence of a person to whom paragraph 16 applies at any time after the end of the period referred to in sub-paragraph (1)—
a
that requirement does not apply, and
b
it is instead the duty of the Secretary of State to release the person unconditionally.
c
in sub-paragraph (3), for “(1) and (2)” substitute “
(1) to (2)
”
.
6
In paragraph 19 (period for which licence to remain in force for section 85 extended sentence prisoners)—
a
in sub-paragraph (2), for the words from “the period found” to the end substitute “
the relevant period
”
;
b
after sub-paragraph (4) insert—
5
In sub-paragraph (2), “the relevant period”—
a
in relation to a person released on licence under section 247A at any time after the end of the period of three-quarters of the custodial term, means the period found by adding—
i
the proportion of the custodial term served before release, and
ii
the extension period;
b
in relation to any other case, means the period found by adding—
i
three-quarters of the custodial term, and
ii
the extension period.