Paragraph 13

Not yet in force

(1)

Schedule 2 (prisoners serving more than one sentence) is amended as follows.

(2)

Before paragraph 1, in the italic heading, for “custody-only” substitute “ short-term custody and community ”.

(3)

In paragraph 1—

(a)

in sub-paragraph (1)(a), for “custody-only” substitute “ short-term custody and community ”,

(b)

in sub-paragraph (3)—

(i)

for “and 34(1)” substitute “ , 34(1) and 42A ”, and

(ii)

for “custody-only” in both places where it occurs substitute “ short-term custody and community ”, and

(c)

after sub-paragraph (3) add—

“(4)
In section 47(3A)—
(a)
references to the expiry of one-half of the prisoner's sentence are to be read as references to the expiry of one-half of the short-term custody and community sentence that expires after the expiry of one-half of the other short-term custody and community sentence (or sentences),
(b)
in paragraph (a)(i), the reference to the expiry of the prisoner's sentence is to be read as a reference to the longer (or longest) of the sentences imposed on the prisoner.”.

(4)

Before paragraph 3, in the italic heading, for “custody-only” substitute “ short-term custody and community ”.

(5)

In paragraph 3—

(a)

in sub-paragraph (1)(a), for “custody-only” substitute “ short-term custody and community ”,

(b)

in sub-paragraph (3), for “and 34(1)” substitute “ , 34(1), 42A and subsections (3A) and (8)(a) of section 47 ”,

(c)

in sub-paragraph (4)—

(i)

for “the custody-only” substitute “ one-half of the short-term custody and community ”, and

(ii)

in paragraph (a), for “any other custody-only” substitute “ one-half of any other short-term custody and community ”, and

(d)

in sub-paragraph (5)(b)(ii) and (6)(b), for “the custody-only” substitute “ at least one-half of the short-term custody and community ”.

(6)

In paragraph 5—

(a)

in sub-paragraph (1), in both paragraphs (a) and (b), for “custody-only” substitute “ short-term custody and community ”,

(b)

in sub-paragraph (3)—

(i)

after “19” insert “ , 29A, 29B ”, and

(ii)

after “(2)” insert “ , 42A ”, and

(c)

in sub-paragraph (4)—

(i)

for “the custody-only” substitute “ one-half of the short-term custody and community ”, and

(ii)

in paragraph (a), for “any other custody-only” substitute “ one-half of any other short-term custody and community ”.

(7)

In paragraph 6, in sub-paragraph (1)(b), after “section” insert “ 5, ”.

(8)

In paragraph 7, after sub-paragraph (1) insert—

“(1A)
Where a short-term custody and community sentence imposed on a prisoner is an extended sentence, the modifications in paragraphs 1(3) and (4) and 3(4), (5)(b)(ii), (6) and (8A) are to be read subject to sub-paragraph (2).”.