Article 4 Application of provisions about release after recall to certain persons within article 3(4) or (5)F1I1I2
England and Wales
This article applies to a person (“P”) in relation to whom any of paragraphs (1), (2) and (3) of article 3 would have applied but for the application of paragraph (4) or (5) of that article to P as a result of P’s release under section 246 of the 2003 Act.
The fact that any of paragraphs (1), (2) and (3) of article 3 would have applied in relation to P but for P’s release is to be disregarded in determining—
for the purposes of section 255A(10) of the 2003 Act (further release after recall), the requisite custodial period which P would have served under section 243A or 244 of that Act but for P’s earlier release, and
for the purposes of section 255B(6) or 255C(6) of the 2003 Act (curfew condition), the date on which P would (but for P’s earlier release) have served the requisite custodial period for the purposes of section 243A or 244 of that Act.
Annotations
Textual amendments
- F1
Order revoked (1.10.2026 except in relation to a sentence mentioned in reg. 6 or to sentences for excluded offences listed in Sch. and with phased commencement in accordance with regs. 3, 4 in relation to a person serving a sentence imposed before that date) by Sentencing Act 2026 (c. 2), ss. 23(10), 49(1) (with s. 23(12)-(15)); S.I. 2026/953, regs. 2(b), 3-6, Sch.
Commencement
- I1
Art. 4 in force at 10.9.2024 for specified purposes, see art. 1(2)(a)
- I2
Art. 4 in force at 22.10.2024 in so far as not already in force, see art. 1(2)(b)