Part 12

Sentencing
Chapter 8

Other provisions about sentencing

Offenders transferred to mental hospital

Duration of directions under Mental Health Act 1983 in relation to offenders
294
1
Section 50 of the Mental Health Act 1983 (c. 20)
(further provisions as to prisoners under sentence) is amended as follows.
2
In subsection (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.
3
For subsections (2) and (3) there is substituted—
2
A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
3
In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
a
any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
b
any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.
.
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4