Part 12Sentencing

Chapter 6 Release, licences, supervision and recall

Preliminary

237Meaning of “fixed-term prisoner” F1etc

(1)

In this Chapter “fixed-term prisoner” means—

(a)

a person serving a sentence of imprisonment for a determinate term, or

(b)

a person serving a determinate sentence of detention under section 91 F2or 96 of F3the PCC(S)A 2000, under section F4226A, 226B, F5227 F6, 228 or 236A of this Act F7or under section 250 F8, 252A, 254, 262, 265, F9266 or 268A of the Sentencing Code.

F10and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).

F11(1B)

In this Chapter—

(a)

references to a sentence of imprisonment include such a sentence passed by a service court;

F12(aa)

references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;

(b)

references to a sentence of detention under F13section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code include a sentence of detention under section 209 of the Armed Forces Act 2006;

F14(ba)

references to a sentence under section 226A of this Act F15or section 266 or 279 of the Sentencing Code include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb)

references to a sentence under section 226B of this Act F16or section 254 of the Sentencing Code include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;

(c)

references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 F17or section 240A; F18...

(d)

references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that ActF19, and

(e)

references to a sentence under section 236A of this Act F20or section 265 or 278 of the Sentencing Code include a sentence under that section passed as a result of section 224A of that Act.

(1C)

Nothing in subsection (1B) has the effect that F21section 240ZA or 265 F22of this Act or section 225 of the Sentencing Code (provision equivalent to which is made by the Armed Forces Act 2006) F23or section 240A applies to a service court.

(2)

In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

F24(3)

In this Chapter, references to a sentence of detention under section 96 of F25the PCC(S)A 2000, under section F26226AF27, 227 or 236A of this Act F28or under section 262, 265 F29, 266 or 268A of the Sentencing Code are references to a sentence of detention in a young offender institution.