SCHEDULES

SCHEDULE 22Mandatory life sentences: transitional cases

Modification of early release provisions

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1

In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications.

2

Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to—

a

an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and

b

an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.

3

Any reference to the relevant part of the sentence is to be read—

a

in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and

b

in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).

4

In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one—

a

in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or

b

in respect of which paragraph 3(3) applies.

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In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of “life prisoner”, the reference to a transferred prisoner as defined by section 273 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act.