Consequential and transitional provision

Other consequential amendments: England and Wales
7
1
In section 106A(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (Parole Board directions when detention and training order to take effect on release from sentence of detention)—
a
omit “under section 226B or 228 of the 2003 Act”;
b
for “(as the case may be) subsection (2)(b) of section 247 of” substitute “subsection (4)(b) of section 247A of, or paragraph 15(3) of Schedule 20B to,”.
2
The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (8).
3
In section 256AA (supervision after end of sentence of prisoners serving less than 2 years) in subsection (1), after paragraph (ba) (but before the “or” at the end of it) insert—
bb
section 247A applied to the offender in respect of the sentence,
.
4
In section 256B (supervision after release of certain young offenders serving less than 12 months) after subsection (1A) insert—
1B
But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.
5
In section 260 (early removal of prisoners liable to removal from the United Kingdom)—
a
in subsection (1), for “subsection (2)” substitute “subsections (2) and (2C)”;
b
in subsection (2A), at the beginning insert “Subject to subsection (2C),”;
c
after subsection (2B) insert—
2C
Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.
;
d
at the end insert—
9
Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—
a
the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and
b
subsection (5) is to be read as including reference to section 247A.
6
In section 261 (re-entry into the United Kingdom of offender removed from prison early)—
a
in subsection (5)(b), for “or 247” substitute “, 247 or 247A”;
b
in subsection (6), after the definition of “outstanding custodial period”, insert—
- “requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);
.
7
In section 264 (release on licence of prisoners serving consecutive sentences)—
a
in subsection (6), after ““custodial period”” insert “, except if subsection (6A) applies,”;
b
after that subsection insert—
6A
In this section “custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—
a
in relation to an extended sentence imposed under section 226A, 226B, 227 or 228, or a sentence imposed under section 236A, two-thirds of the appropriate custodial term determined by the court under that section;
b
in relation to any other sentence, two-thirds of the sentence.
8
In section 268 (interpretation of release provisions) in subsection (1A), after ““the requisite custodial period” means” insert “(except where it has the meaning given by section 247A(8))”.
9
In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for discretionary release)—
a
in subsection (2)—
i
after paragraph (ba) (but before the “or” at the end of it) insert—
bb
a terrorist prisoner,
;
ii
in paragraph (c), after “a person” insert “, other than a terrorist prisoner,”;
b
in subsection (3), after paragraph (b) insert—
ba
amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners);
;
c
in subsection (6)—
i
in the definitions of “extended sentence prisoner” and “section 236A prisoner”, after “a prisoner” insert “, other than a terrorist prisoner,”;
ii
at the end insert—
- “terrorist prisoner” means a prisoner to whom section 247A of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).