F1F8Part II Early Release of Prisoners
Pt. 2: transitional provisions for the repeal by 2003 c. 44, s. 303(a) and specified transitional and savings provisions in S.I. 2005/950, Sch. 2 revoked (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(3), 151(1), Sch. 14 para. 17; S.I. 2012/2906, art. 2(d)(l)
Special cases
I1F2C145 Fine defaulters and contemnors.
C21
Subject to subsection (2) below, this Part (F3except sections 33A, 34A F4 and 35 above) applies to persons committed to prison or to be detained under F4section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—
a
in default of payment of a sum adjudged to be paid by a conviction; or
b
for contempt of court or any kindred offence,
as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.
2
In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.
3
In section 33 above, for F5subsections (1) to (3) there shall be substituted the following subsections—
1
As soon as a person committed as mentioned in section 45(1) below has served the appropriate proportion of his term, that is to say—
a
one-half, in the case of a person committed for a term of less than twelve months;
b
two-thirds, in the case of a person committed for a term of twelve months or more,
it shall be the duty of the Secretary of State to release him unconditionally.
2
As soon as a person so committed who—
a
has been released on licence under section 36(1) below; and
b
has been recalled under section F5section 39(1) or (2) below,
would (but for his release) have served the appropriate proportion of his term, it shall be the duty of the Secretary of State to release him unconditionally.
4
In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—
1
Where a person committed as mentioned in section 45(1) below is released on licence under section 36(1) above, the licence shall, subject to—
a
F6. . .
b
any revocation under section F7section 39(1) or (2)below,
continue in force until the date on which he would (but for his release) have served the appropriate proportion of his term; and in this subsection “appropriate proportion” has the meaning given by section 33(1) above.
Pt. 2 (ss. 32-51) repealed (4.4.2005) by The Criminal Justice Act 2003 (c. 44), ss. 303(a), 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(k) (subject to art. 2(1), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) and subject to amendments:
(15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 33; S.I. 2006/3364, art. 2(d)(e);
(1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(2)(3);
(7.4.2008) by The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (S.I. 2008/977), art. 2;
(9.6.2008 for certain purposes and 31.10.2009 otherwise) by Criminal Justice and immigration Act 2008 (c. 4), ss. 26(2)-(6), 153; S.I. 2008/1466, art. 2(a) (subject to art. 3); S.I. 2009/2606, art. 3(b);
(9.6.2008) by 1984 c. 49, Sch. para. 2(2A) (as inserted by Criminal Justice and immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 paras. 19(4)(b); S.I. 2008/1466, art. 2 (subject to art. 4));
(9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 29(2)(5); S.I. 2008/1466, art. 2(c)
(14.7.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 28(2)(3)(a)(b)(4)(5), 32(1), 149, 153, Sch. 28 Pt. 2 (with Sch. 27 para. 10); S.I. 2008/1586, art. 2(1), Sch. 1;
(3.11.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 33(5)(6), 148, 149, 153, Sch. 26 para. 29(3)(4), Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. (subject to arts. 3, 4);
(2.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 145(2)(3), 178, 182, Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 43); S.I. 2010/1858, art. 2(e)(i);