SCHEDULES

SCHEDULE 9Secure colleges etc: further amendments

Criminal Justice Act 1982 (c. 48)

8I1

1

Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows.

2

In subsection (1)(a)—

a

omit “under section 225 of the Criminal Justice Act 2003”, and

b

omit “under section 226A or 227 of that Act”.

3

For subsection (1A) substitute—

1A

In this section—

a

references to a sentence of imprisonment include a sentence of detention (other than a sentence of service detention within the meaning of the Armed Forces Act 2006), including a detention and training order and an order under section 211 of the Armed Forces Act 2006;

b

references to a sentence of imprisonment for life include custody for life and detention at Her Majesty's pleasure;

c

references to a sentence of imprisonment for public protection are to a sentence under section 225 or 226 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219 or 221 of the Armed Forces Act 2006;

d

references to an extended sentence are to a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006;

e

references to prison include youth detention accommodation (within the meaning of section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000).

4

In subsection (6), omit “not within subsection (5) above”.

5

After subsection (6) insert—

6A

Subsection (6) does not apply—

a

where the person is within subsection (5), or

b

where the sentence is a detention and training order or a sentence under section 211 of the Armed Forces Act 2006.

6

Omit subsections (7) and (7A).