Section 40 Compassionate release: effect of revocation in certain circumstancesC1

Not yet in force

(1)

Subsection (2) applies where—

(a)

a prisoner is released on licence by virtue of section 27(1),

(b)

the licence is revoked by virtue of section 37(1) or (4) or 38(2), and

(c)

the revocation occurs before the expiry of the relevant period.

(2)

This Part applies to the prisoner as if the prisoner had not been released on licence by virtue of section 27(1).

(3)

The relevant period is—

(a)

in the case of a custody-only prisoner, the prisoner's sentence,

(b)

in the case of a custody and community prisoner, the custody part of the prisoner's sentence,

(c)

in the case of a life prisoner, the punishment part of the prisoner's sentence.

Annotations

C1: Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2