PART 1Criminal Justice

Release and recall of prisoners

I114Definition of “requisite custodial period”

1

Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.

2

In section 268 (interpretation of Chapter), after subsection (1) insert—

1A

In this Chapter, “the requisite custodial period” means—

a

in relation to a person serving an extended sentence imposed under section 226A or 226B, the requisite custodial period for the purposes of section 246A;

b

in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

c

in relation to a person serving a sentence imposed under section 236A, the requisite custodial period for the purposes of section 244A;

d

in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A or section 244 (as appropriate).

3

In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228)—

a

in subsection (2)(a), for “one-half of the appropriate custodial term” substitute “ the requisite custodial period ”, and

b

for subsection (7) substitute—

7

In this section—

  • “the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228;

  • “the requisite custodial period” means—

    1. a

      in relation to a person serving one sentence, one-half of the appropriate custodial term, and

    2. b

      in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

4

In section 260 (early removal of prisoners liable to removal from United Kingdom), omit subsection (7).

5

In section 261 (re-entry into United Kingdom of offender removed from prison early)—

a

in subsection (5), omit paragraph (a),

b

in subsection (5)(b)—

i

omit “in any other case,” and

ii

for “or 246A” substitute “ , 246A or 247 ”, and

c

in subsection (6), omit the definition of “requisite custodial period”.

6

In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005 cases)—

a

omit paragraph 8(2) (modification of section 260), and

b

after paragraph 8 insert—

8A

Section 268(1A) (definition of “the requisite custodial period”) has effect as if it provided that, in relation to a person serving an extended sentence under section 85 of the Sentencing Act, the requisite custodial period means one-half of the custodial term determined under that section (subject to sections 263 and 264).

7

The amendments made by this section apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.