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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Schedule 16: Amendments of Criminal Justice Act 2003: transitional and consequential provisions

580.Paragraph 2 of Schedule 16 inserts a new section 267A into Chapter 6 of Part 12 of the 2003 Act to give effect to new Schedule 20A inserted by paragraph 3 of Schedule 16. New Schedule 20A of the 2003 Act makes transitional provision for sentences where the offence was committed before 4 April 2005 where the 2003 Act release provisions will apply,

581.Paragraphs 1 and 2 of Schedule 20A set out definitions for, and the application of, the Schedule.

582.Paragraph 3 of Schedule 20A provides that the old rules for counting days spent in custody before sentence (which included time spent in police custody) continue to have effect, as a modification to the new rule in section 240ZA.

583.Paragraph 4 of Schedule 20A modifies the HDC provisions under the 2003 Act so that those provisions can apply to prisoners who previously fell to be released under the 1991 Act.

584.Paragraph 5 of Schedule 20A provides that those offenders who have been released on licence under the 1991 Act, whether release on ordinary licence, release on HDC, or compassionate release, are to be treated as though they have been released under the 2003 Act provisions. Any specified 1991 Act licence conditions remain valid even where there is no equivalent condition in the 2003 Act.

585.Paragraph 5(6) of Schedule 20A provides that any suspension of the licence by the court under the 1991 Act provision of section 38(2) will continue to apply even though that section has been repealed.

586.Paragraph 5(7) of Schedule 20A provides that any supervision licence issued under section 40A of the 1991 Act (that is, on release from a period of return to custody by the courts in accordance with section 116 of the PCC(S)A 2000) will continue to apply as though it was a licence issued under Chapter 6 of the 2003 Act, but should the conditions of the supervision be breached the offender continues to be liable to be dealt with by the court in accordance with section 40A(4) to (6) of the 1991 Act and not in any other way.

587.Paragraph 5(8) of Schedule 20A ensures that the length of the licence period that would be applicable under the 1991 Act is not affected by treating such persons as though they have been released under the 2003 Act provisions.

588.Paragraph 6 of Schedule 20A provides that where an offender has been recalled under the provisions of the 1991 Act before the commencement date, the recall is to be treated as though it was a recall under the 2003 Act provisions and references to, and decisions of, the Parole Board will be treated accordingly. However, treating the recall under the 2003 Act provisions will not affect the licence lengths and re-release arrangements to which the offender was subject under the 1991 Act. These arrangements have been saved under Schedule 20B and will continue to apply.

589.Paragraph 7 of Schedule 20A ensures that rules made in respect of Added Days awarded on prison adjudications under the 1991 Act provisions have effect if they had been made under the 2003 Act provisions, so that the awarding of added days can be carried forward.

590.Paragraph 8 of Schedule 20A provides that any person removed from prison early for the purposes of removal from the UK under the 1991 Act provisions is to be treated as though they have been removed under the 2003 Act provisions; and that references in the relevant section of the 2003 Act to extended sentences and their relevant custodial periods include section 85 of the PCC(S)A 2000.

591.Paragraph 9 of Schedule 20A provides that any time spent in custody awaiting extradition, awarded by the court under the 1991 Act provisions, is to be treated as having been awarded under the 2003 Act provisions.

592.Paragraph 10 of Schedule 20A defines the custodial period of a 1991 Act extended sentence, imposed in accordance with section 85, as being one half of the custodial term for the purposes of section 264 of the 2003 Act.

593.Paragraph 5 of Schedule 16 amends the 1991 Act to remove the release and recall provisions from Schedule 12 to the 1991 Act in respect of sentences imposed prior to 1 October 1992. These provisions preserve the rules which applied under the Criminal Justice Act 1967 (“the 1967 Act”), the predecessor to the 1991 Act. The relevant provisions are restated in the 2003 Act by virtue of Schedule 20B.

594.Paragraphs 9 to 12 of Schedule 16 amend the Extradition Act 2003 to remove the references to the 1991 Act and make the correct references to the 2003 Act.

595.Paragraph 14 of Schedule 16 amends the 2003 Act to ensure the provisions for crediting time spent remanded on bail whilst subject to an electronically monitored curfew apply to sentences for offences committed prior to 4 April 2005 (in addition to sentences for offences committed on or after that date).

596.Paragraph 15 of Schedule 16 fully repeals the provisions of section 247 of the 2003 Act that require a direction from the Parole Board before extended sentence prisoners may be released between the half way point and the end of the custodial part of their sentence and consequentially removes the saving provisions for that section. The savings for those prisoners who remain subject to Parole Board direction are now provided in Schedule 20B.

597.Paragraph 16 of Schedule 16 removes the provisions of section 262 and Schedule 20 of the 2003 Act which modified the 1991 Act provisions for the those prisoners liable to removal from the United Kingdom. These provisions will no longer be required when all releases are made under the 2003 Act.

598.Paragraph 17 of Schedule 16 amends section 265 of the 2003 Act in respect of the restriction on consecutive sentences for released prisoners by removing subsection (1A). Subsection (1A) applies the restriction set out in subsection (1) to persons convicted of offences committed before 4 April 2005 and to those serving less than 12 months. As the whole of Chapter 6 of Part 12 will now apply to these people, subsection (1A) will no longer be needed.

599.Paragraphs 18 to 22 of Schedule 16 are consequential on the full repeal of Part 2 of the 1991 Act, removing provisions which amended, saved or made transitional arrangements in respect of that Part.

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