Paragraph 24 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 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.

Annotations

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)

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))