Article 2 Amendment of rule 3 of the principal Rules

Rule 3 of the principal Rules (interpretation)^f1 is amended in accordance with the following paragraphs of this rule.

For the definition of “long-term prisoner” in paragraph (1), there is substituted the following definition:–

• ““long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more which was imposed on or after 1st October 1993 and includes any person who is treated as such a prisoner for the purposes of any provision of Part I of the 1993 Act;”.

For the definition of “short-term prisoner” in paragraph (1), there is substituted the following definition:–

• ““short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years which was imposed on or after 1st October 1993 and includes any person who is treated as such a prisoner for the purposes of any provision of Part I of the 1993 Act;”.

For paragraph (3) there are substituted the following paragraphs:–

“(3)

Except where the context otherwise requires and subject to paragraphs (4) to (7), for the purposes of any reference, however expressed, in these Rules to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, he has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(4)

Subject to paragraph (5), for the purposes of any reference, however expressed, in rule 100A to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if–

(a)

the sentences were passed at the same time; or

(b)

where the sentences were passed at different times, the person has not been released under Part I of the 1993 Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.

(5)

Paragraph (4) applies to a prisoner only where one or more of the sentences concerned was passed on or after 30th September 1998.

(6)

In relation to a person who is serving, or is liable to serve, both a sentence of imprisonment imposed on conviction of an offence and a term of imprisonment or detention referred to in section 5(1)(a) or (b) of the 1993 Act^f2, paragraph (4) shall not apply so as to require a term or terms of imprisonment imposed on conviction of an offence and a term or terms of imprisonment or detention referred to in the said section 5(1)(a) or (b) to be treated as a single term.

(7)

Subject to paragraph (6), where a person has had imposed on him two or more terms of imprisonment or detention referred to in section 5(1)(a) or (b) of the 1993 Act, paragraphs (4) and (5) shall apply to those terms as if they were sentences of imprisonment imposed on conviction of an offence.”.