Criminal Justice Act 1991

8 (1) In this paragraph and paragraphs 9 to 11 below—

• “existing licensee” means any person who, before the commencement of Part II of this Act, has been released on licence under section 60 of the 1967 Act and whose licence under that section is in force at that commencement;

• “existing prisoner” means any person who, at that commencement, is serving a custodial sentence;

and sub-paragraphs (2) to (7) below shall have effect subject to those paragraphs.

(2) Subject to sub-paragraphs (3) to (7) below, Part II of this Act shall apply in relation to an existing licensee as it applies in relation to a person who is released on licence under that Part; and in its application to an existing prisoner, or to an existing licensee who is recalled under section 39 of this Act, that Part shall apply with the modifications made by those sub-paragraphs.

(3) Section 40 of this Act shall not apply in relation to an existing prisoner or licensee.

(4) In relation to an existing prisoner whose sentence is for a term of twelve months, section 33(1) of this Act shall apply as if that sentence were for a term of less than twelve months.

(5) In relation to an existing prisoner or licensee whose sentence is for a term of —

(a) more than twelve months; and

(b) less than four years or, as the case may require, such other period as may for the time being be referred to in section 33(5) of this Act,

Part II of this Act shall apply as if he were or had been a long-term rather than a short-term prisoner.

(6) In relation to an existing prisoner or licensee whose sentence is for a term of more than twelve months—

(a) section 35(1) of this Act shall apply as if the reference to one half of his sentence were a reference to one-third of that sentence or six months, whichever is the longer; and

(b) sections 33(3) and 37(1) of this Act shall apply as if the reference to three-quarters of his sentence were a reference to two-thirds of that sentence.

(7) In relation to an existing prisoner or licensee—

(a) whose sentence is for a term of more than twelve months; and

(b) whose case falls within such class of cases as the Secretary of State may determine after consultation with the Parole Board,

section 35(1) of this Act shall apply as if the reference to a recommendation by the Board included a reference to a recommendation by a local review committee established under section 59(6) of the 1967 Act.

(8) In this paragraph “custodial sentence” means—

(a) a sentence of imprisonment;

(b) a sentence of detention in a young offender institution;

(c) a sentence of detention (whether during Her Majesty’s pleasure, for life or for a determinate term) under section 53 of the 1933 Act; or

(d) a sentence of custody for life under section 8 of the 1982 Act.

Modifications etc. (not altering text)

C1 Sch. 12 para. 8 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(4), Sch. 5 paras. 9(1)(a)(b)(2)(a)(b), 10(1)(b)(c)(2)(a)(b); S.I. 1997/2200, art. 2(1)(n).

Commencement Information

I1 Sch. 12 para. 8 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.