3. The coming into operation of Articles 32(1), (2) and (4) and 33(1), (2), (3) and (6) of the 2008 Order is of no effect―
(a)in relation to a determinate custodial sentence, other than an extended custodial sentence, passed in respect of an offence committed before 1 April 2009 whether or not that sentence is consecutive to, or concurrent with, a custodial sentence passed after that date; or
(b)in relation to a determinate custodial sentence of less than 12 months, whether or not that sentence is consecutive to, or concurrent with, a custodial sentence of 12 months or more.