Terrorist Offenders (Restriction of Early Release) Act 2020

6 Consequential amendments relating to transitional cases: England and Wales

(1) Schedule 20B to the Criminal Justice Act 2003 (modifications of release provisions in certain transitional cases) is amended as follows.

(2) In paragraph 5 (duty to release on licence at two-thirds of sentence)—

(a) in sub-paragraph (1), after “paragraph 4 applies” insert “(but to whom section 247A does not apply)”;

(b) after sub-paragraph (3) insert—

“(4) Where section 247A applies to a person—

(a) to whom paragraph 4 also applies, and

(b) who is serving a section 85 extended sentence,

it does so with the modifications set out in sub-paragraphs (5) and (6).

(5) Section 247A(7) applies to the person (despite subsection (6) of that section).

(6) References in section 247A to—

(a) the “appropriate custodial term” are to be read as references to the custodial term;

(b) the “requisite custodial period” are to be read as references to two-thirds of the custodial term.”

(3) In paragraph 6(1) (duty to release on direction of Parole Board) after “paragraph 4 applies” insert “(but to whom section 247A does not apply)”.

(4) In paragraph 15(2) (modification of section 247 for certain extended sentence prisoners under section 227 or 228) for “Section 247 (release of prisoner on licence) applies to P” substitute “If section 247 (release of prisoner on licence) applies to P, it applies”.

(5) In paragraph 17 (licence to remain in force for three-quarters of sentence)—

(a) in sub-paragraph (1), after “244” insert “, 247A”;

(b) after sub-paragraph (1) insert—

“(1A) But if section 247A would (disregarding this sub-paragraph) require the release on licence of a person to whom paragraph 16 applies at any time after the end of the period referred to in sub-paragraph (1)—

(a) that requirement does not apply, and

(b) it is instead the duty of the Secretary of State to release the person unconditionally.”;

(c) in sub-paragraph (3), for “(1) and (2)” substitute “(1) to (2)”.

(6) In paragraph 19 (period for which licence to remain in force for section 85 extended sentence prisoners)—

(a) in sub-paragraph (2), for the words from “the period found” to the end substitute “the relevant period”;

(b) after sub-paragraph (4) insert—

“(5) In sub-paragraph (2), “the relevant period”—

(a) in relation to a person released on licence under section 247A at any time after the end of the period of three-quarters of the custodial term, means the period found by adding—

(i) the proportion of the custodial term served before release, and

(ii) the extension period;

(b) in relation to any other case, means the period found by adding—

(i) three-quarters of the custodial term, and

(ii) the extension period.”