SCHEDULES
C1C2C3F1SCHEDULE 20BModifications of Chapter 6 of Part 12 in certain transitional cases
Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Part 1Introductory
Interpretation
1
1
The following provisions apply for the purposes of this Schedule.
2
“The commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.
3
“The 1967 Act” means the Criminal Justice Act 1967.
4
“The 1991 Act” means the Criminal Justice Act 1991.
5
A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998.
6
In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section.
7
References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted.
8
A “1967 Act sentence” is a sentence imposed before 1 October 1992.
9
A “1991 Act sentence” is a sentence which is—
a
imposed on or after 1 October 1992 but before 4 April 2005, or
b
imposed on or after 4 April 2005 but before the commencement date and is either—
i
imposed in respect of an offence committed before 4 April 2005, or
ii
for a term of less than 12 months.
10
A “2003 Act sentence” is a sentence which is—
a
imposed on or after the commencement date, or
b
imposed on or after 4 April 2005 but before the commencement date and is both—
i
imposed in respect of an offence committed on or after 4 April 2005, and
ii
for a term of 12 months or more.
11
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it is to be taken for the purposes of this Schedule to have been committed on the last of those days.
Explanation of dates
2
The following dates (which are mentioned in this Schedule) are dates on which changes to the law relating to the release and recall of prisoners came into force—
1 October 1992 is the date on which Part 2 of the 1991 Act came into force;
30 September 1998 is the date on which certain provisions of the Crime and Disorder Act 1998 came into force;
4 April 2005 is the date on which this Chapter came into force;
9 June 2008 is the date on which section 26 of the Criminal Justice and Immigration Act 2008 came into force;
14 July 2008 is the date on which certain other provisions of that Act came into force;
2 August 2010 is the date on which section 145 of the Coroners and Justice Act 2009 came into force.
Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)