Legal Aid, Sentencing and Punishment of Offenders Bill

179A: Before Schedule 16, insert the following new Schedule— ““SCHEDULE Amendments of the Criminal Justice Act 2003: transitional and consequential provisions Part 1 Transitional provisions 1 The Criminal Justice Act 2003 is amended as follows. 2 After section 267 insert— ““267A Application of Chapter 6 to pre-4 April 2005 cases Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.”” 3 After Schedule 20 insert— ““SCHEDULE 20A Section 267A Application of Chapter 6 of Part 12 to pre-4 April 2005 cases 1 In this Schedule— ““the 1991 Act”” means the Criminal Justice Act 1991; ““the commencement date”” means the date on which section (Simplification of existing transitional provisions) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 comes into force. 2 Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section (Simplification of existing transitional provisions)(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011). 3 (1) Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence. (2) ““Relevant period”” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc). 4 Section 246 applies as if, in subsection (4)— (a) the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act; (b) the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act; (c) in paragraph (g)— (i) the reference to section 246 included a reference to section 34A of the 1991 Act, (ii) the reference to section 255(1)(a) included a reference to section 38A(1)(a) or 39(1) or (2) of the 1991 Act, and (iii) the reference to section 255(3) included a reference to section 38A(3) of the 1991 Act; (d) the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and (e) in paragraph (i), the words from ““in the case of”” to ““relates”” were omitted. 5 (1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter. (2) In particular, the following provisions apply. (3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246. (4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248. (5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section). (6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section. (7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way. (8) Sub-paragraph (1) does not affect the duration of the licence. 6 (1) Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254. (2) In particular, the following provisions apply. (3) If the Secretary of State has not referred the person’s case to the Board under section 39(4) or 44A of the 1991 Act, the Secretary of State must refer the case under section 255C(4). (4) If the Secretary of State has referred the person’s case to the Board under section 39(4) or 44A of the 1991 Act, that reference is to be treated as if it had been made under section 255C(4). (5) A determination of a reference under section 39(4) or 44A of the 1991 Act is to be treated as a determination under section 256(1). (6) If the person is released on licence, the duration of that licence is determined in accordance with section 249 (subject to paragraphs 17, 19 and 26 of Schedule 20B). 7 Rules made by virtue of section 42 of the 1991 Act have effect as if made by virtue of section 257. 8 (1) A person removed from prison under section 46A of the 1991 Act before the commencement date is to be treated as having been removed from prison under section 260. (2) Section 260 applies as if, in subsection (7)— (a) the reference to an extended sentence imposed under section 227 or 228 were a reference to an extended sentence imposed under section 85 of the Sentencing Act, and (b) the reference to the appropriate custodial term determined under section 227 or 228 were a reference to the custodial term determined under section 85. 9 An order made under section 47 of the 1991 Act is to have effect as if it were an order made under section 243. 10 Section 264 applies as if the definition of ““custodial period”” in subsection (6) included, in relation to an extended sentence imposed under section 85 of the Sentencing Act, one-half of the custodial term determined under that section.”” Part 2 Consequential amendments Repatriation of Prisoners Act 1984 (c. 47) 4 In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to provide for prisoner to be treated as having been released) for ““section 244 or 246”” substitute ““Chapter 6 of Part 12””. Criminal Justice Act 1991 (c. 53) 5 In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 (transitional provisions relating to the coming into force of Part 2 of that Act). Crime (Sentences) Act 1997 (c. 43) 6 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows. 7 In paragraph 8 (transfers to Scotland)— (a) in sub-paragraph (2)(a), after ““246 to 264A”” insert ““, 267A and 267B””; (b) in sub-paragraph (4)(a), for ““and 249 to 264A”” substitute ““, 249 to 264A, 267A and 267B””. 8 In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for ““and 254 to 264A”” substitute ““, 254 to 264A, 267A and 267B””. Extradition Act 2003 (c. 41) 9 The Extradition Act 2003 is amended as follows. 10 In section 59 (return of person to serve remainder of sentence), in subsection (11)— (a) omit paragraph (a); (b) in paragraph (b), for ““section 244”” substitute ““Chapter 6 of Part 12””. 11 In section 132 (return of person to serve remainder of sentence), in subsection (11)— (a) omit paragraph (a); (b) in paragraph (b), for ““section 244”” substitute ““Chapter 6 of Part 12””. 12 In section 153B (return of person in pursuance of undertaking), in subsection (10)(a)— (a) omit sub-paragraph (i); (b) in sub-paragraph (ii), for ““section 244”” substitute ““Chapter 6 of Part 12””. Criminal Justice Act 2003 (c. 44) 13 The Criminal Justice Act 2003 is amended as follows. 14 In section 240A(1)(a) (crediting of periods of remand on bail), omit the words ““committed on or after 4th April 2005””. 15 (1) The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of provisions in section 247 of the Criminal Justice Act 2003 comes fully into force. (2) Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (Commencement No.2 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/1586), omit ““and 25””. 16 Omit section 262 and Schedule 20 (prisoners liable to removal from United Kingdom). 17 Omit section 265(1A) (restriction on consecutive sentences for released prisoners). Domestic Violence, Crime and Victims Act 2004 (c. 28) 18 Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004. Police and Justice Act 2006 (c. 48) 19 Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006. Criminal Justice and Immigration Act 2008 (c. 4) 20 In the Criminal Justice and Immigration Act 2008, omit— (a) sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6); (b) paragraph 29(2) to (5) of Schedule 26; (c) paragraphs 8 and 9 of Schedule 27. Coroners and Justice Act 2009 (c. 25) 21 In the Coroners and Justice Act 2009, omit— (a) section 145; (b) paragraph 43 of Schedule 22. Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) 22 Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked.”” 179B: Before Schedule 16, insert the following new Schedule— ““SCHEDULE Criminal Justice Act 2003: restatement of transitional provisions 1 The Criminal Justice Act 2003 is amended as follows. 2 In section 244 (duty to release prisoners on licence), after subsection (3) insert— ““(4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).”” 3 In section 247 (release on licence of prisoner serving extended sentence), after subsection (7) insert— ““(8) In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).”” 4 In section 249 (duration of licence), at the end insert— ““(5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).”” 5 (1) Section 258 (early release of fine defaulters and contemnors) is amended as follows. (2) After subsection (2) insert— ““(2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).”” (3) In subsection (3) after ““in this section”” insert ““or in paragraph 35 of Schedule 20B””. 6 In section 260 (early removal of prisoners liable to removal from UK), after subsection (7) insert— ““(8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.”” 7 In section 263 (concurrent terms), after subsection (4) insert— ““(5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).”” 8 In section 264 (consecutive terms), after subsection (7) insert— ““(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).”” 9 After section 267A (inserted by Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions)) insert— ““267B Modification of Chapter 6 in certain transitional cases Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.”” 10 After Schedule 20A (inserted by Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions)) insert— ““SCHEDULE 20B Section 267B Modifications of Chapter 6 of Part 12 in certain transitional cases Part 1 Introductory Interpretation 1 (1) The following provisions apply for the purposes of this Schedule. (2) ““The commencement date”” means the date on which section (Simplification of existing transitional provisions) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 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 Criminal Justice Act 1991 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. Part 2 Prisoners serving 1991 Act sentences etc 3 (1) This Part applies to certain persons serving a 1991 Act sentence. (2) This Part also applies to a person serving a 2003 Act sentence which is— (a) a section 85 extended sentence, or (b) an extended sentence imposed under section 227 or 228 before 14 July 2008. (3) But this Part does not apply to a person who— (a) has been released on licence under Part 2 of the 1991 Act, (b) has been recalled to prison, and (c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date. Duty to release on licence at two-thirds of sentence 4 (1) This paragraph applies to a person in relation to whom— (a) all the conditions in sub-paragraph (2) are met, and (b) the condition in any one or more of sub-paragraphs (3) to (5) is met. (2) The conditions in this sub-paragraph are that— (a) the person has been convicted of an offence committed before 4 April 2005, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date, (c) the sentence or (in the case of a section 85 extended sentence) the custodial term is for a term of 4 years or more, and (d) the person has not previously been released from prison on licence in respect of that sentence. (3) The condition in this sub-paragraph is that the offence (or one of the offences) in respect of which the sentence was imposed is— (a) an offence specified in Schedule 15 (specified violent offences and specified sexual offences) as it had effect on 4 April 2005, (b) an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000, (c) an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001, (d) an offence under section 12 of the Sexual Offences Act 1956, (e) an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d), or (f) an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d). (4) The condition in this sub-paragraph is that the person has served one-half of the sentence or (in the case of a section 85 extended sentence) of the custodial term before 9 June 2008. (5) The condition in this sub-paragraph is that— (a) the person is serving the sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984, (b) the warrant was issued before 9 June 2008, and (c) the offence (or one of the offences) for which the person is serving the sentence corresponds to murder or to any offence specified in Schedule 15 as it had effect on 4 April 2005. 5 (1) As soon as a person to whom paragraph 4 applies has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph. (2) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term. (3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more). Duty to release on direction of Parole Board 6 (1) After a person to whom paragraph 4 applies has served one-half of the sentence, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph. (2) The Board must not give a direction under sub-paragraph (1) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (3) If the person is serving a section 85 extended sentence, the references in this paragraph to one-half of the sentence are references to one-half of the custodial term. (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more). Release on licence at one-half of sentence: section 85 extended sentence prisoners 7 (1) This paragraph applies to a person if— (a) the person has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) the person is serving a section 85 extended sentence in respect of that offence, (c) the person has not previously been released from prison on licence in respect of that sentence, and (d) paragraph 4 does not apply to the person. 8 (1) As soon as a person to whom paragraph 7 applies has served one-half of the custodial term, it is the duty of the Secretary of State to release the person on licence under this paragraph. (2) Sub-paragraph (1) applies in place of section 243A or 244, as the case may be (release of prisoners serving less than 12 months, or serving 12 months or more). Duty to release unconditionally at three-quarters of sentence 9 (1) This paragraph applies to a person if— (a) the person has been convicted of an offence committed before 30 September 1998, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992, (c) the sentence is for a term of 12 months or more, (d) the person has been released on licence under Part 2 of the 1991 Act, and (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (2) But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply. 10 As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally. Duty to release on licence at three-quarters of sentence 11 (1) This paragraph applies to a person who— (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) is serving a sentence of imprisonment for a term of 12 months or more imposed in respect of that offence, (c) has been released on licence under Part 2 of the 1991 Act, and (d) has been recalled before 14 July 2008 (and has not been recalled after that date). (2) But this paragraph does not apply if the person has been released and recalled more than once. (3) Nor does this paragraph apply if the sentence is a section 85 extended sentence (paragraph 13 applying to such a case instead). 12 As soon as a person to whom paragraph 11 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person on licence. Release on licence: re-release of section 85 extended sentence prisoners 13 (1) This paragraph applies to a person who— (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) is serving a section 85 extended sentence imposed in respect of that offence, (c) has been released on licence under Part 2 of the 1991 Act, and (d) has been recalled before 14 July 2008 (and has not been recalled after that date). (2) But this paragraph does not apply if the person has been released and recalled more than once. 14 (1) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of less than 12 months, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding— (a) one-half of the custodial term, and (b) the extension period. (2) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of 12 months or more, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding— (a) three-quarters of the custodial term, and (b) the extension period. Release of section 227 or 228 extended sentence prisoners: Parole Board direction 15 (1) This paragraph applies to a person (““P””) who is serving an extended sentence under imposed section 227 or 228 before 14 July 2008. (2) Section 247 (release of prisoner on licence) applies to P with the following modifications. (3) The Secretary of State must not release P under subsection (2) of that section unless the Board has directed P’s release under that subsection. (4) The Board must not give a direction under sub-paragraph (3) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (5) As soon as P has served the appropriate custodial term, the Secretary of State must release P on licence, unless P has previously been recalled under section 254. Licence to remain in force to three-quarters of sentence 16 (1) This paragraph applies to a person to whom paragraph 4 applies. (2) This paragraph also applies to a person if— (a) the person has been convicted of an offence committed before 4 April 2005, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date, (c) that sentence is for a term of 12 months or more but less than 4 years, and (d) the person has not previously been released from prison on licence in respect of that sentence. (3) This paragraph also applies to a person if— (a) the person has been convicted of an offence committed before 4 April 2005, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992, (c) that sentence is for a term of 12 months or more, (d) the person has been released on licence under Part 2 of the 1991 Act, and (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (4) But this paragraph does not apply if the person has been released and recalled more than once. (5) Nor does this paragraph apply if— (a) the person is serving a section 85 extended sentence, or (b) the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply. (6) If a person has been— (a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and (b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew), the release and recall are to be disregarded for the purposes of this paragraph. 17 (1) Where a person to whom paragraph 16 applies is released on licence under section 244 or paragraph 5 or 6, the licence shall remain in force until the date on which the person would (but for the release) have served three-quarters of the sentence. (2) Sub-paragraph (1) is subject to any revocation under section 254. (3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence). Period for which licence to remain in force: section 85 extended sentence prisoners 18 This paragraph applies to a person who— (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) is serving a section 85 extended sentence imposed in respect of that offence, and (c) has not previously been released from prison on licence in respect of that sentence. 19 (1) Where a person to whom paragraph 18 applies is released on licence and the custodial term is less than 12 months, the licence shall remain in force until the end of the period found by adding— (a) one-half of the custodial term, and (b) the extension period. (2) Where a person to whom paragraph 18 applies is released on licence and the custodial term is 12 months or more, the licence shall remain in force until the end of the period found by adding— (a) three-quarters of the custodial term, and (b) the extension period. (3) Sub-paragraphs (1) and (2) are subject to any revocation under section 254. (4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of licence). Concurrent or consecutive terms 20 Paragraphs 21 and 22 apply where a person (““P””) is serving two or more sentences of imprisonment imposed on or after 1 October 1992 and— (a) the sentences were passed on the same occasion, or (b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions. 21 (1) This paragraph applies if each of the sentences is a 1991 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences. (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term. (4) If one or more of the sentences is a section 85 extended sentence— (a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and (b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5). (5) That period is to be increased— (a) if only one of the sentences is a section 85 extended sentence, by the extension period; (b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods; (c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods. 22 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and— (a) one or more of those sentences is a 1991 Act sentence, and (b) one or more of them is a 2003 Act sentence. (2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1991 Act sentence or sentences. (3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1). (4) If P is also serving one or more 1967 Act sentences, paragraphs 32 and 33 apply instead of this paragraph. Part 3 Prisoners serving 1967 Act sentences 23 (1) This Part applies to certain persons serving a 1967 Act sentence. (2) But this Part does not apply to a person who— (a) has been released on licence, (b) has been recalled to prison, and (c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date. (3) In this Part, references to release under Part 2 of the 1991 Act include release under section 60 of the 1967 Act. Sentence of more than 12 months imposed before 1 October 1992 24 (1) This paragraph applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, and (c) the person has not previously been released from prison on licence in respect of that sentence. (2) This paragraph also applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, (c) the person has been released on licence under Part 2 of the 1991 Act, and (d) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (3) But this paragraph does not apply if, on the passing of the sentence, an extended sentence certificate was issued (see paragraph 27). (4) If a person has been— (a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and (b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew), the release and recall are to be disregarded for the purposes of this paragraph. 25 (1) It is the duty of the Secretary of State to release a person unconditionally under this paragraph— (a) in the case of a person falling within paragraph 24(1), as soon as the person has served two-thirds of the sentence; (b) in the case of a person falling within paragraph 24(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence. (2) After a person falling within paragraph 24(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph. (3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more). 26 (1) Where a person to whom paragraph 24 applies is released on licence under paragraph 25, the licence shall remain in force until the date on which the person would (but for the release) have served two-thirds of the sentence. (2) Sub-paragraph (1) is subject to any revocation under section 254. (3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence). Extended sentence of more than 12 months imposed before 1 October 1992 27 (1) This paragraph applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, (c) on the passing of the sentence an extended sentence certificate was issued, and (d) the person has not previously been released from prison on licence in respect of that sentence. (2) This paragraph also applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, (c) on the passing of the sentence an extended sentence certificate was issued, (d) the person has been released on licence under Part 2 of the 1991 Act, and (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (3) In this paragraph ““extended sentence certificate”” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section. 28 (1) It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph— (a) in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence; (b) in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence. (2) After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph. (3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more). Additional days 29 (1) Prison rules made by virtue of section 257 may include provision for applying any provisions of this Chapter, in relation to any person falling within sub-paragraph (2), as if the person had been awarded such number of additional days as may be determined by or under the rules. (2) A person falls within this sub-paragraph if— (a) the person was released on licence under section 60 of the 1967 Act before 1 October 1992 and the licence was in force on that date, or (b) the person was, on that date, serving a custodial sentence, and (in either case) the person has forfeited any remission of the sentence. Concurrent or consecutive terms 30 Paragraphs 31 to 33 apply where a person (““P””) is serving two or more sentences of imprisonment and— (a) the sentences were passed on the same occasion, or (b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions. 31 (1) This paragraph applies where each of the sentences is a 1967 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences. (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term. 32 (1) This paragraph applies where— (a) one or more of the sentences is a 1967 Act sentence, and (b) one or more of them is a 1991 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1). (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served— (a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and (b) that single term is to be treated as if it were a 1967 Act sentence. (4) If one or more of the sentences is a section 85 extended sentence— (a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and (b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5). (5) That period is to be increased— (a) if only one of the sentences is a section 85 extended sentence, by the extension period; (b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods; (c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods. (6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated. 33 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and— (a) one or more of those sentences is a 1967 Act sentence, and (b) one or more of them is a 2003 Act sentence. (2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1967 Act sentence or sentences. (3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1). Part 4 Provisions applying generally Licence conditions 34 (1) This paragraph applies to any licence (a ““Parole Board licence””) which falls within sub-paragraph (2) or (3). (2) A licence falls within this sub-paragraph if— (a) it is or was granted to a person (““P””) on P’s release (at any time) on the recommendation or direction of the Board, and (b) P has not been released otherwise than on such a recommendation or direction. (3) A licence falls within this sub-paragraph if— (a) it is or was granted to a person (““P””) on P’s release (at any time), and (b) condition A or condition B is met. (4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence). (5) Condition B is that, before 2 August 2010— (a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and (b) the Board exercised the function under section 37(5) of that Act of— (i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or (ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled). (6) The Secretary of State must not— (a) include on release, or subsequently insert, a condition in a Parole Board licence, or (b) vary or cancel any such condition, except in accordance with directions of the Board. Fine defaulters and contemnors 35 (1) This paragraph applies to any person if— (a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act— (i) in default of payment of a sum adjudged to be paid by a conviction, or (ii) for contempt of court or any kindred offence, (b) the person was so committed or detained before 4 April 2005, and (c) the term for which the person was committed or detained is 12 months or more. (2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally. (3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors). Early removal of prisoners liable to removal from UK 36 (1) This paragraph applies to any person who— (a) has served one-half of a sentence of imprisonment, and (b) has not been released on licence under this Chapter. (2) The reference in sub-paragraph (1)(a) to one-half of a sentence is— (a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term; (b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term. 37 (1) If a person to whom paragraph 36 applies— (a) is liable to removal from the United Kingdom, and (b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section, the Secretary of State may remove the person from prison under that section at any time after the end of that period. (2) Sub-paragraph (1) applies whether or not the Board has directed the person’s release under paragraph 6, 15, 25 or 28.”””” Amendments 179A and 179B agreed. Schedules 16 and 17 agreed. Clause 115 agreed. Schedule 18 agreed. Clause 116 : New extended sentences: release on licence etc Clause 116 : New extended sentences: release on licence etc Amendments 179BZA to 179BZD not moved. Amendment 179BA Moved by