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.