Article 4 Application of provisions about release after recall to certain persons within article 3(4) or (5)

(1)

This article applies to a person (“P”) in relation to whom any of paragraphs (1), (2) and (3) of article 3 would have applied but for the application of paragraph (4) or (5) of that article to P as a result of P’s release under section 246 of the 2003 Act.

(2)

The fact that any of paragraphs (1), (2) and (3) of article 3 would have applied in relation to P but for P’s release is to be disregarded in determining—

(a)

for the purposes of section 255A(10) of the 2003 Act (further release after recall), the requisite custodial period which P would have served under section 243A or 244 of that Act but for P’s earlier release, and

(b)

for the purposes of section 255B(6) or 255C(6) of the 2003 Act (curfew condition), the date on which P would (but for P’s earlier release) have served the requisite custodial period for the purposes of section 243A or 244 of that Act.