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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Schedule 20: Release of new extended prisoners: consequential provision

685.Paragraph 6(3) (new section 250(5A) of the 2003 Act) provides for the Parole Board to set licence conditions where P is initially released by the Parole Board. Where the prisoner is released automatically the Secretary of State sets the conditions.

686.Paragraph 9(2) (new section 260(2A) of the 2003 Act) provides for the removal of P from prison for the purposes of deportation where P has passed the two-thirds point of the sentence but the Parole Board have not directed release.

687.Paragraph 9(4) (inserting the new subsection (7)(za) in section 260 of the 2003 Act) provides for early removal to apply 270 days prior to the two-thirds point for the new extended sentence, rather than 270 days prior to the half way point as for other determinate sentences.

688.Paragraph 10(3) (new section 261(6)(za) of the 2003 Act) provides for a prisoner who returns to the jurisdiction during the currency of the sentence, after being released from prison early and removed under section 260 of that Act, to be liable to serve the period to the two-thirds point that was not served prior to removal.

689.Paragraph 12(2) ensures that when aggregating consecutive sentences the two-thirds point of the new extended sentence is appropriately calculated.

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