Consequential and transitional provision

7Other consequential amendments: England and Wales

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2

The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (8).

3

In section 256AA (supervision after end of sentence of prisoners serving less than 2 years) in subsection (1), after paragraph (ba) (but before the “or” at the end of it) insert—

bb

section 247A applied to the offender in respect of the sentence,

4

In section 256B (supervision after release of certain young offenders serving less than 12 months) after subsection (1A) insert—

1B

But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.

5

In section 260 (early removal of prisoners liable to removal from the United Kingdom)—

a

in subsection (1), for “subsection (2)” substitute “ subsections (2) and (2C) ”;

b

in subsection (2A), at the beginning insert “ Subject to subsection (2C), ”;

c

after subsection (2B) insert—

2C

Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.

d

at the end insert—

9

Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

a

the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

b

subsection (5) is to be read as including reference to section 247A.

6

In section 261 (re-entry into the United Kingdom of offender removed from prison early)—

a

in subsection (5)(b), for “or 247” substitute “ , 247 or 247A ”;

b

in subsection (6), after the definition of “outstanding custodial period”, insert—

“requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);

7

In section 264 (release on licence of prisoners serving consecutive sentences)—

a

in subsection (6), after “ “custodial period”” insert “ , except if subsection (6A) applies, ”;

b

after that subsection insert—

6A

In this section “custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

a

in relation to an extended sentence imposed under section 226A, 226B, 227 or 228, or a sentence imposed under section 236A, two-thirds of the appropriate custodial term determined by the court under that section;

b

in relation to any other sentence, two-thirds of the sentence.

8

In section 268 (interpretation of release provisions) in subsection (1A), after “ “the requisite custodial period” means” insert “ (except where it has the meaning given by section 247A(8)) ”.

9

In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for discretionary release)—

a

in subsection (2)—

i

after paragraph (ba) (but before the “or” at the end of it) insert—

bb

a terrorist prisoner,

ii

in paragraph (c), after “a person” insert “ , other than a terrorist prisoner, ”;

b

in subsection (3), after paragraph (b) insert—

ba

amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners);

c

in subsection (6)—

i

in the definitions of “extended sentence prisoner” and “section 236A prisoner”, after “a prisoner” insert “ , other than a terrorist prisoner, ”;

ii

at the end insert—

“terrorist prisoner” means a prisoner to whom section 247A of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).