Textual Amendments
F1S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
For section 44 of the 1991 Act there shall be substituted the following section—
(1)This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998.
(2)Subject to the provisions of this section and section 51(2D) below, this Part, except sections 40 and 40A, shall have effect as if the term of the extended sentence did not include the extension period.
(3)Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
(4)Where, apart from this subsection, the prisoner would be released unconditionally—
(a)he shall be released on licence; and
(b)the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
(5)The extension period shall be taken to begin as follows—
(a)for the purposes of subsection (3) above, on the date given by section 37(1) above;
(b)for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.
(6)Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.
(7)For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.
(8)In this section “extension period” has the same meaning as in section 58 of the Crime and Disorder Act 1998.”
Modifications etc. (not altering text)
C1S. 59 restricted (19.9.1998) by S.I. 1998/2327, art.8(1).
Commencement Information
After section 44 of the 1991 Act there shall be inserted the following section—
(1)This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above.
(2)Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.
(3)Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.
(4)On a reference—
(a)under this section; or
(b)under section 39(4) above,
the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).
(5)If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.”