Application and transitional provision
Section 120: Application and transitional etc provision
572.Section 120 gives effect to Schedule 15 (see below).
Schedule 15: Application of sections 109 to 120 and transitional and transitory provision
573.Schedule 15 contains provision for the application and commencement of the release and recall sections. This provision sets out whether the commencement of the section affects those being sentenced, those recalled or those yet to be initially released after sentence.
574.Paragraph 4 of Schedule 15 makes it clear that the changes to eligibility for early release on HDC will not affect those who are already released on the scheme prior to the commencement of the changes to section 246 of the 1991 Act.
Section 121: Simplification of existing transitional provisions
575.Subsection (1) applies the release and recall provisions of Chapter 6 of Part 12 of the 1991 Act to all prisoners regardless of the date of offence or the date of sentence.
576.Subsection (2) provides that provisions relating to the release of fine defaulters and contemnors under Chapter 6 of Part 12 of the 1991 Act will apply to all prisoners regardless of the date of committal.
577.Subsection (3) has the effect of repealing fully the release and recall provisions of the 1991 Act and the transitional and savings provisions under Part 2 of Schedule 2 to the 1991 Act (Commencement No 8. and Transitional and Saving Provisions) Order 2005 which saved the relevant release and recall provisions of the 1991 Act. Any 1991 Act provisions needing to be retained for those prisoners in custody at the time of commencement are restated in Schedule 20B of the 1991 Act, which is inserted by Schedule 16 (see below).
578.Subsection (4) repeals section 86 of the PCC(S)A 2000, which provides in certain cases for a prisoner’s licence to extend to the end of his sentence. Such provision is no longer required for any new releases because section 249 of the 1991 Act will apply; this makes the same provision.
579.Subsections (5) and (6) give effect to the Schedules which in effect preserve the provisions which determine the release point and licence length for offenders who were sentenced before 4 April 2005, where the release and licence periods differ from those in Chapter 6 of Part 12 of the 1991 Act.
