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Paragraph 1

Original text. Later amendments are not shown.

In rule 6 (Temporary release):

(a)

in paragraph (5) there shall be added, after the words “has served” the words “or, in a case where paragraph (9) does not apply to require all the sentences he is serving to be treated as a single term, the period or proportion of any such sentence he has served”;

(b)

in paragraph (6) for sub-paragraph (a) there shall be substituted the following sub-paragraph:

“(a)

in the case of an inmate serving a determinate sentence of imprisonment, detention or custody, is the period he has served in respect of that sentence, unless, notwithstanding paragraph (9), the sentences he is serving do not fall to be treated as a single term, in which case it is the period since he was last released in relation to one of those sentences under Part II of the Criminal Justice Act 1991 (“the 1991 Act”)f1; or”;

(c)

in sub-paragraph (b) for “Part II of the Criminal Justice Act 1991(a)” there shall be substituted “Part II of the 1991 Act or Part II of the Crime (Sentences) Act 1997f2”;

(d)

for paragraph (9) there shall be substituted the following paragraphs:

“(9)

For the purposes of any reference in this rule to an inmate’s sentence consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if they would fall to be treated as a single term for the purposes of any reference to the term of imprisonment, detention or custody to which a person has been sentenced in Part II of the 1991 Act.

(10)

In this rule, any reference to release on licence under Part II of the 1991 Act includes any release on licence under any earlier legislation providing for early release on licence.”.

Annotations

Footnotes

f1

1991 c. 53; relevant amendments to Part II were made by section 101 of the Crime and Disorder Act 1998 (c. 37).

f2

1997 c. 43.