C4C3Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C4

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C3

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

C2C5Chapter 6F4 Release, licencesF14, supervision and recall

Annotations:
Amendments (Textual)
F14

Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)
C2

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Preliminary

I1237Meaning of “fixed-term prisoner” F1etc

1

In this Chapter “fixed-term prisoner” means—

a

a person serving a sentence of imprisonment for a determinate term, or

b

a person serving a determinate sentence of detention under section 91 F9or 96 of the Sentencing Act or under section F11226A, 226B,F10227 F16, 228 or 236A of this Act.

F13and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).

C1F21B

In this Chapter—

a

references to a sentence of imprisonment include such a sentence passed by a service court;

b

references to a sentence of detention under section 91 of the Sentencing Act include a sentence of detention under section 209 of the Armed Forces Act 2006;

F6ba

references to a sentence under section 226A of this Act include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

bb

references to a sentence under section 226B of this Act include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;

c

references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 F3or section 240A; F18...

d

references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that ActF15, and

e

references to a sentence under section 236A of this Act include a sentence under that section passed as a result of section 224A of that Act.

1C

Nothing in subsection (1B) has the effect that F7section 240ZA or 265 (provision equivalent to which is made by the Armed Forces Act 2006) F8or section 240A applies to a service court.

2

In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

F53

In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section F12226AF17, 227 or 236A of this Act are references to a sentence of detention in a young offender institution.