Paragraph 71 I1

In section 39 of that Act (rules for the management of prisons)—

(a)

in subsection (7)—

(i)

at the beginning there shall be inserted the words “ Subject to subsection (7A) below, ”;

(ii)

for the words “a short-term or long-term prisoner within the meaning of” there shall be substituted the words “ any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of ”; and

(iii)

the words from “and the foregoing” to the end shall cease to have effect; and

(b)

after that subsection there shall be inserted the following subsections—

“(7A)
Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the M1Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act.
(7B)
In the application of subsection (7) above to a prisoner subject to an extended sentence within the meaning of section 210A of the 1995 Act, the reference to his sentence shall be construed as a reference to the custodial term of that extended sentence.”

Annotations

Marginal citations

M1: 1993 c.9.

Commencement

I1: Sch. 8 para. 71 wholly in force; Sch. 8 para. 71 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)