Crime (Sentences) Act 1997

Valid from 01/10/1997

Consecutive sentences for offences committed before and after that commencement E+W

Prospective

2 (1) This paragraph applies where consecutive terms of imprisonment include—

(a) the term of a sentence imposed on an offender for an offence committed after the commencement of Chapter I of Part II of this Act; and

(b) the term of a sentence imposed on him for an offence committed before that commencement.

(2) Subject to sub-paragraphs (3) and (4) below, the time to be served by the offender shall be determined separately in respect of each sentence under whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to that sentence.

(3) Where the offender was remanded in custody in connection with—

(a) an offence falling within sub-paragraph (1)(a) above; and

(b) an offence falling within sub-paragraph (1)(b) above,

any additional days which have been both conditionally and provisionally awarded to him shall be taken into account for the purposes of Chapter I of Part II of this Act and not for the purposes of Part II of the 1991 Act.

(4) The time to be served by the offender in respect of a sentence falling within sub-paragraph (1)(b) above which—

(a) is for a term of four years or more; and

(b) is not the final sentence,

shall be determined as if section 35(1) of the 1991 Act were omitted.

(5) The offender shall be released when he has served the time required to be served in respect of the final sentence.

(6) Subject to sub-paragraph (7) below, whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to the final sentence shall apply in relation to the offender after his release.

(7) Notwithstanding anything in Part II of the 1991 Act, the offender’s supervision shall be for the period which would be applicable if each of his terms of imprisonment had been imposed in respect of offences committed after the commencement of Chapter I of Part II of this Act.

(8) In this paragraph “the final sentence”, in relation to any time, means the sentence which at that time falls to be served after the other or others.

(9) In this paragraph and paragraph 3 below—

• “conditionally awarded” means conditionally awarded under prison rules made by virtue of section 42(1) of the 1991 Act;

• “provisionally awarded” means provisionally awarded under prison rules having effect by virtue of section 15(2) of this Act;

and any reference to Part II of the 1991 Act includes, unless the context otherwise requires, a reference to section 65 of that Act.