Paragraph 5 F1

United Kingdom

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)

As soon as a person to whom paragraph 4 applies F2(but to whom section 247A does not apply) has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph.

(2)

If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term.

(3)

Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

(F34)

Where section 247A applies to a person—

(a)

to whom paragraph 4 also applies, and

(b)

who is serving a section 85 extended sentence,

it does so with the modifications set out in sub-paragraphs (5) and (6).

(5)

Section 247A(7) applies to the person (despite subsection (6) of that section).

(6)

References in section 247A to—

(a)

the “appropriate custodial term” are to be read as references to the custodial term;

(b)

the “requisite custodial period” are to be read as references to two-thirds of the custodial term.

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)
F2: Words in Sch. 20B para. 5(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 6(2)(a), 10(4)
F3: Sch. 20B para. 5(4)-(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 6(2)(b), 10(4)

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))