Terrorist Offenders (Restriction of Early Release) Act 2020

7 Other consequential amendments: England and Wales E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (8).

(3) In section 256AA (supervision after end of sentence of prisoners serving less than 2 years) in subsection (1), after paragraph (ba) (but before the “or” at the end of it) insert—

“(bb) section 247A applied to the offender in respect of the sentence,”.

(4) In section 256B (supervision after release of certain young offenders serving less than 12 months) after subsection (1A) insert—

“(1B) But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.”

(5) In section 260 (early removal of prisoners liable to removal from the United Kingdom)—

(a) in subsection (1), for “subsection (2)” substitute “ subsections (2) and (2C) ”;

(b) in subsection (2A), at the beginning insert “ Subject to subsection (2C), ”;

(c) after subsection (2B) insert—

“(2C) Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.”;

(d) at the end insert—

“(9) Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a) the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b) subsection (5) is to be read as including reference to section 247A.”

(6) In section 261 (re-entry into the United Kingdom of offender removed from prison early)—

(a) in subsection (5)(b), for “or 247” substitute “ , 247 or 247A ”;

(b) in subsection (6), after the definition of “outstanding custodial period”, insert—

““requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);”.

(7) In section 264 (release on licence of prisoners serving consecutive sentences)—

(a) in subsection (6), after “ “custodial period”” insert “ , except if subsection (6A) applies, ”;

(b) after that subsection insert—

“(6A) In this section “custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

(a) in relation to an extended sentence imposed under section 226A, 226B, 227 or 228, or a sentence imposed under section 236A, two-thirds of the appropriate custodial term determined by the court under that section;

(b) in relation to any other sentence, two-thirds of the sentence.”

(8) In section 268 (interpretation of release provisions) in subsection (1A), after “ “the requisite custodial period” means” insert “ (except where it has the meaning given by section 247A(8)) ”.

(9) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for discretionary release)—

(a) in subsection (2)—

(i) after paragraph (ba) (but before the “or” at the end of it) insert—

“(bb) a terrorist prisoner,”;

(ii) in paragraph (c), after “a person” insert “ , other than a terrorist prisoner, ”;

(b) in subsection (3), after paragraph (b) insert—

“(ba) amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners);”;

(c) in subsection (6)—

(i) in the definitions of “extended sentence prisoner” and “section 236A prisoner”, after “a prisoner” insert “ , other than a terrorist prisoner, ”;

(ii) at the end insert—

““terrorist prisoner” means a prisoner to whom section 247A of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).”

Textual Amendments

F1 S. 7(1) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2