The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003

Draft Order laid before Parliament under section 34A(6) of the Criminal Justice Act 1991, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2003 No.

PRISONS

The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003

Made

2003

Coming into force

14th July 2003

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 34A(5)(b) of the Criminal Justice Act 1991(1), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003 and shall come into force on 14th July 2003.

Revocation

2.  The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2002(2) is hereby revoked.

Requisite period

3.—(1) In section 34A(4)(b) of the Criminal Justice Act 1991(3), for “twelve months” there is substituted “eighteen months”.

(2) In section 34A(4)(c) of that Act(4), for “twelve months” there is substituted “eighteen months”, and for “90 days” there is substituted “135 days”.

Parliamentary Under-Secretary of State

Home Office

2003

Explanatory Note

(This note is not part of the Order)

This Order amends section 34A(4) of the Criminal Justice Act 1991, which defines “the requisite period” after which a short-term prisoner to whom section 34A(1) of that Act applies may be released on licence pursuant to section 34A(3) of that Act. Section 34A(4) was previously amended by the Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2002, which is revoked by this Order.

As previously amended, section 34A(4)(b) required short-term prisoners with terms of imprisonment of four months or more but less than twelve months to serve a period equal to one-quarter of their term before becoming eligible for release under that section. Section 34A(4)(c) required short-term prisoners with terms of twelve months or more to serve a period that was 90 days less than one-half of their term before becoming so eligible.

This Order amends the definition of “the requisite period” so that prisoners with terms of imprisonment of four months or more but less than eighteen months serve one-quarter of their term before becoming eligible for release. For those short-term prisoners with terms of imprisonment of eighteen months or more, the requisite period is amended by this Order to be a period that is 135 days less than one-half of their term.

(1)

1991 c. 53. Section 34A was inserted by section 99 of the Crime and Disorder Act 1998 (c. 37).

(2)

S.I. 2002/2933.

(3)

Section 34A(4)(b) was amended by article 2(1) of S.I. 2002/2933.

(4)

Section 34A(4)(c) was amended by article 2(2) of S.I. 2002/2933.