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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Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
I1325
1
Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) is amended as follows.
2
In subsection (2), after paragraph (b) (but before “or”) insert—
ba
a section 236A prisoner,
3
In subsection (3), before paragraph (b) insert—
ab
amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners),
4
In subsection (6), at the end insert—
“section 236A prisoner” means a prisoner who is serving a sentence under section 236A of the Criminal Justice Act 2003 (including one imposed as a result of section 224A of the Armed Forces Act 2006).