Part 3

Sentencing and Punishment of Offenders
CHAPTER 4

Release on licence etc

Other provisions about release

Miscellaneous amendments relating to release and recall
116
1
The Criminal Justice Act 2003 is amended as follows.
2
Omit section 248(2) (Secretary of State to consult Board before releasing extended sentence prisoner on compassionate grounds).
3
In section 256(1) (review by the Board)—
a
for “recommend” substitute “ direct ”;
b
for “recommendation” substitute “ direction ”.
4
In section 256A (further review)—
a
in subsection (4)(a), for “recommending” substitute “ directing ”;
b
in subsection (4)(c), for “recommendation” substitute “ direction ”;
c
in subsection (5), for “recommendation” (in both places) substitute “ direction ”.
5
In section 260(5) (duties and powers remaining exercisable in relation to persons removed from prison), after “244” insert “ , 247 ”.
6
In section 261(5) (re-entry to UK of offender removed early: re-release), after “sentence expiry date,” insert
—
a
if the person is serving an extended sentence imposed under section 227 or 228, section 247 has effect in relation to that person as if the reference to one-half of the appropriate custodial term were a reference to the further custodial period;
b
in any other case,
.
7
In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, after the words “requisite custodial period” insert
—
a
in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);
b
in any other case,
.
8
In section 263(2)(b) (concurrent terms: authority to release), for “section 244” substitute “ section 246 ”.
9
In section 263(2)(c) (concurrent terms: licence period), for the words “for so long, and subject to such conditions, as is” substitute
—
i
until the last date on which the offender is required to be on licence in respect of any of the terms, and
ii
subject to such conditions as are
.