SCHEDULES

C1C2C3F1SCHEDULE 20BModifications of Chapter 6 of Part 12 in certain transitional cases

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C2

Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C3

Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

Part 3Prisoners serving 1967 Act sentences

Concurrent or consecutive terms

32

1

This paragraph applies where—

a

one or more of the sentences is a 1967 Act sentence, and

b

one or more of them is a 1991 Act sentence.

2

Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).

3

For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—

a

the terms mentioned in sub-paragraph (1) are to be treated as a single term, and

b

that single term is to be treated as if it were a 1967 Act sentence.

4

If one or more of the sentences is a section 85 extended sentence—

a

for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

b

the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

5

That period is to be increased—

a

if only one of the sentences is a section 85 extended sentence, by the extension period;

b

if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

c

if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.

6

If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.