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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 116: Miscellaneous amendments relating to release and recall

562.Section 116 makes amendments to the 1991 Act.

563.Subsection (2) removes the duty of the Secretary of State to consult the Parole Board before releasing extended sentence prisoners on compassionate grounds. This brings such release of extended sentence prisoners into line with that of all other determinate sentence prisoners.

564.Subsections (5) to (7) amend sections 260 and 261 of the 1991 Act; these amendments are consequential on the fact that extended sentence prisoners can be removed from prison in order to be removed from the United Kingdom.

565.Subsection (8) corrects a drafting error in section 263(2) of the 1991 Act, which should refer to “section 246” rather than “section 244”.

566.Subsection (9) clarifies the previous drafting and practice under the 1991 Act in relation to the duration of the licence period for prisoners released from concurrent sentences. Release cannot take place until the latest release point of all the sentences and is on a licence expiring on the latest end date of all the sentences. No change of policy is being made.

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