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SCHEDULES

X1SCHEDULE 12U.K. Minor and Consequential Amendments

Editorial Information

X1The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

CRIMINAL JUSTICE ACT 1967 (C. 80)U.K.

7(1)Section 60 (release on license of persons serving determinate sentences) shall be amended as follows—U.K.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)After subsection (5) insert—

(5A)A licence granted to any person under this section in England and wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a)in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence;

(b)in the case of a licence granted under subsection (1) of this section to a person who was under the age of twenty-one when sentence was passed on him and is released on licence before attaining the age of twenty-two—

(i)if the date on which he attains the age of twenty-two is earlier than the remission date, the remission date;

(ii)if the date on which he attains the age of twenty-two is not earlier than the remission date, the date on which he attains the age of twenty-two or the date of the expiration of the sentence , whichever is the earlier;

(c)in the case of a licence granted by virtue of subsection (3)(b) of this section to a person who was under the age of twenty-one when sentence was passed on him, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier;

(d)in a case not within any of the preceding paragraphs, the remission date.

In this subsection “the remmission date”, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission on any part of the sentence under the rules..

(4)In subsection (6) (duration of a licence, after “this section” insert “in Scotland” and, in paragraph (a), omit the words from “to a person” where they first occur to “or”.

(5)Omit subsection (8)(d).

(6)The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.

Textual Amendments

F1Paras. 7(2), 8 of the entries relating to the Criminal Justice Act 1967 (c. 80) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16