Part 3Sentencing and Punishment of Offenders

CHAPTER 4Release on licence etc

Other provisions about release

116Miscellaneous amendments relating to release and recall

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