Criminal Justice Act 2003

This section has no associated Explanatory Notes

[F132(1)This paragraph applies where—U.K.

(a)one or more of the sentences is a 1967 Act sentence, and

(b)one or more of them is a 1991 Act sentence.

(2)Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).

(3)For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—

(a)the terms mentioned in sub-paragraph (1) are to be treated as a single term, and

(b)that single term is to be treated as if it were a 1967 Act sentence.

(4)If one or more of the sentences is a section 85 extended sentence—

(a)for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b)the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5)That period is to be increased—

(a)if only one of the sentences is a section 85 extended sentence, by the extension period;

(b)if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

(c)if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.

(6)If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.]

Textual Amendments