Paragraph 35 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 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).

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))