Paragraph 16 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 20B para. 34(6)(7) substituted for Sch. 20B para. 34(6) by Criminal Justice and Courts Act 2015 Sch. 3 para. 10
Sch. 20B para. 37(2) words inserted by Criminal Justice and Courts Act 2015 Sch. 3 para. 11(a)
Sch. 20B para. 37(2) words substituted by Criminal Justice and Courts Act 2015 Sch. 3 para. 11(b)
Sch. 20B para. 37(1)(b) words omitted by Sentencing Act 2026 s. 35(2)(d)(i)
Sch. 20B para. 37(1) words omitted by Sentencing Act 2026 s. 35(2)(d)(ii)

(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.

Annotations

Textual amendments

F1: Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)

Notes on Schedule 20B

Modifications

C1: Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C2: Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C3: Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))