SCHEDULES

SCHEDULE 1Sentence and Parole Board release for offenders of particular concern

PART 4Consequential provision

Road Traffic Offenders Act 1988 (c. 53)

I111

1

Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) is amended as follows.

2

In paragraph (e), for “that Act” (in the first place) substitute “ the Criminal Justice Act 2003 ”.

3

After paragraph (f) insert—

fa

in the case of a sentence under section 236A of that Act (special custodial sentence for certain offenders of particular concern), a period equal to half of the term imposed pursuant to section 236A(2)(a) of that Act;

Crime (Sentences) Act 1997 (c. 43)

I212

1

Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

2

In paragraph 8(2)(a) (restricted transfers from England and Wales to Scotland), after “244” insert “ , 244A ”.

3

In paragraph 9(2)(a) (restricted transfers from England and Wales to Northern Ireland), after “244” insert “ , 244A ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F113

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Criminal Justice Act 2003 (c. 44)

I314

The Criminal Justice Act 2003 is amended as follows.

I415

1

Section 237 (meaning of “fixed-term prisoner”) is amended as follows.

2

In subsection (1)(b), for “ or 228” substitute “ , 228 or 236A ”.

3

In subsection (1B)—

a

omit “and” at the end of paragraph (c), and

b

at the end insert

, 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.

4

In subsection (3), for “or 227” substitute “ , 227 or 236A ”.

I516

In section 240ZA(11) (time remanded in custody to count as time served), for “or 228” substitute “ , 228 or 236A ”.

I617

1

Section 250 (licence conditions) is amended as follows.

2

In subsection (4)—

a

for “or 227” substitute “ , 227 or 236A ”, and

b

for “or 228” substitute “ , 228 or 236A ”.

3

In subsection (5A) (inserted by section 15 of this Act)—

a

for “to a prisoner” substitute

to—

a

a prisoner

b

at the end insert

, or

b

a prisoner serving a sentence imposed under section 236A.

I718

In section 256AA(1) (supervision after end of sentence of prisoners serving less than 2 years), after paragraph (b) (but before “or”) insert—

ba

the sentence was imposed under section 236A,

I819

In section 258(3A) (early release of fine defaulters and contemnors), for “or 228” substitute “ , 228 or 236A ”.

I920

1

Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

2

In subsection (2A), after “226B” insert “ or a sentence under section 236A ”.

3

In subsection (5), after “244” insert “ , 244A ”.

I1021

In section 261(5)(b) (re-entry into United Kingdom of offender removed from prison early), after “244” insert “ , 244A ”.

I1122

In section 263(4) (concurrent terms), for “or 228” substitute “ , 228 or 236A ”.

I1223

1

Section 264 (consecutive terms) is amended as follows.

2

For subsection (6) substitute—

6

In this section “custodial period” means—

a

in relation to an extended sentence imposed under section 226A or 226B, two-thirds of the appropriate custodial term determined by the court under that section,

b

in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

c

in relation to a sentence imposed under section 236A, one-half of the appropriate custodial term determined by the court under that section, and

d

in relation to any other sentence, one-half of the sentence.

3

In subsection (7), for “or 228” substitute “ , 228 or 236A ”.

F224

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