Part 4

Prisoners

Extension of home detention curfew

Extension of home detention curfew
68
1
Section 246 of the Criminal Justice Act 2003 (release of prisoners on licence before required to do so) is amended as follows.
2
In subsection (1), after “fixed-term prisoner” insert “, other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies,”.
3
In subsection (4)—
a
omit paragraphs (a) to (ab);
b
after paragraph (ab) insert—
ac
the prisoner is one to whom section 244ZA would apply if—
i
section 244ZA(4)(c), (5)(c) and (6)(c) were omitted,
ii
the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and
iii
the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000,
;
c
in paragraph (g) for “at any time” substitute “during the currency of the sentence”;
d
for paragraph (ga) substitute—
ga
the following apply—
i
the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and
ii
the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,
gb
the following apply—
i
the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and
ii
the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,
;
e
omit paragraph (ha) (but not the “or” at the end of it).
4
Omit subsection (4ZA).