Burundi - Economic memorandum (Vol. 2 of 2) : Economic memorandum

In section 239 (reduction in sentence for guilty plea), after subsection (3) insert—

In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences)—

The Crime and Disorder Act 1998 is amended as follows. In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), for “or 222” substitute “, 222 or 224B”. In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), for “or 222” substitute “, 222 or 224B”.

In section 237(1B) of the Criminal Justice Act 2003 (service sentences to be treated as equivalent sentences in England and Wales) —

The Sentencing Act 2020 is amended as follows. In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after “209” insert “or 224B”. In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after “209” insert “or 224B”. In section 248(4) (meaning of “relevant sentence of detention”), in paragraph (c), after “209” insert “or 224B”. In section 418 (commencement of provisions of Schedule 26 in relation to prospective abolition of sentences of detention in a young offender institution), after subsection (2) insert— In Schedule 25 (amendments of Armed Forces Act 2006), omit paragraph 45(5). In Schedule 26 (further amendments of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution)— In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from “, the reference” to the end substitute —

In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (length of custodial sentences to be reduced for periods already spent in custody), after “14(5)” insert “or 15A(5)”.

The Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland is amended as follows. In section 5 (rehabilitation periods for particular sentences)— In section 5B (Table B – disclosure periods: service disciplinary cases), in the sixth entry of Table B, after “209” insert “or 224B”.

In section 261A (life sentences: further provision), in subsection (3)—

The Terrorism Act 2000 is amended as follows. In section 23A(4) (application of forfeiture provisions to offences with terrorist connection)— In Schedule 4 (forfeiture orders)—

Paragraph 29 of Schedule 12 to the Space Industry Act 2018 (addition of offences to Schedule 2 to the Counter-Terrorism Act 2008) is repealed to the extent that it is not yet in force when section 1 of this Act comes into force.

The Criminal Justice Act 2003 is amended as follows. In section 237 (meaning of “fixed-term prisoner”)— In section 240ZA (time remanded in custody to count as time served), in subsection (11), for “or 266” substitute “, 266 or 268A”. In section 247A (restricted eligibility for early release for terrorist prisoners)— In section 250 (licence conditions), in subsection (4)— In section 255A (further release after recall)— In section 255C (extended sentence prisoners and those not suitable for automatic release)— In section 258 (early release for fine defaulters etc), in subsection (3A), for “or 266” substitute “, 266 or 268A”. In section 263 (concurrent terms) in subsection (4), for “or 266” substitute “, 266 or 268A”. In section 264(7) (application of provisions about consecutive sentences of imprisonment to sentences of detention), for “or 266” substitute “, 266 or 268A”.

The Magistrates’ Courts Act 1980 is amended as follows. In section 24A(5)(b) (explanation of sentencing powers if offender aged under 18 pleads guilty)— In section 113(3) (no bail pending appeal for accused committed to Crown Court), after “16” insert “, 16A”.

The Crime and Disorder Act 1998 is amended as follows. In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), after “250,” insert “252A,”. In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), after “250,” insert “252A,”. In section 51A(3) (conditions for sending offender aged under 18 to Crown Court for trial), after paragraph (b) insert—.

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), after “250” insert “, 252A”.

The Armed Forces Act 2006 is amended as follows. In section 188(4) (consecutive sentence may be passed on offender serving term of youth detention), in paragraph (b), after “250” insert “or 252A”. In section 213(3A) (application of section 253 of the Sentencing Code), after “250” insert “or 252A”. In section 227(3) (minimum sentence for certain firearms offences), after “250” insert “or 252A”.

The Sentencing Act 2020 is amended as follows. After section 16 insert— In section 17(4) (power to commit dangerous young offender for sentence not to affect other powers of committal), after “16” insert “, 16A”. In section 19 (committal for sentence on indication of guilty plea by child with related offences)— In section 22 (powers of Crown Court where offender aged under 18 committed for sentence)— 1A a sentence of detention under section 252A (special sentence of detention for terrorist offenders of particular concern) two-thirds of the term imposed pursuant to section 252A(5) (the appropriate custodial term) In section 221(2) (kinds of custodial sentence dealt with by Chapter 2 of Part 10), after paragraph (b) insert—. In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c), after sub-paragraph (i) insert—. In section 226(2)(b) (sentences which may not be imposed on offender aged under 21 without representation), after “(or 254)” insert “, under section 252A”. In section 234(1)(c) (sentences to be considered before detention and training order), after sub-paragraph (i) (but before the final “or”) insert—. In section 241(6) (modification of order for release from detention and training order where offender subject to another sentence), in paragraph (b), after sub-paragraph (i) insert—. In section 248(4) (meaning of “relevant sentence of detention”), after paragraph (a) insert—. In section 249(1) (availability of sentence of detention under section 250), after “table” insert “(but the court is not required to pass a sentence of detention under section 252A)”. Before section 253, insert as an italic heading, “Sentences of detention passed during detention and training order”. In section 253 (effect of sentence of detention where offender already subject to detention and training order), in subsection (1), after “250” insert “or 252A”. In section 255(1)(a) (offences for which extended sentence of detention available), for sub-paragraph (ii) substitute—. In section 260 (place and conditions of detention), in the heading and in subsection (1), after “250” insert “, 252A”. In section 265 (special sentence of detention in young offender institution for offenders of particular concern), after subsection (3) insert— In section 278 (special sentence of imprisonment for offenders of particular concern), after subsection (3) insert— In section 311(3) (appropriate type of sentence where minimum sentence for firearms offence imposed), after “250” insert “or, in a case to which section 252A applies, under that section”. In section 312 (minimum sentence for threatening with weapon or bladed article), after subsection (3) insert— In section 315 (minimum sentence for repeat offence involving weapon or bladed article), after subsection (5) insert— In section 325(5) (sentences where certain time on bail to count towards term), in paragraph (c), after “section 250” insert “, 252A”. In section 327(2) (sentences where time in custody awaiting extradition to count towards term), in paragraph (c), after “section 250” insert “, 252A”. In section 329 (conversion of sentences of detention to imprisonment)— In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution), in paragraph (c), after “51” insert “, 51A”. In Schedule 22 (amendments of the Sentencing Code, including in relation to prospective abolition of sentences of detention in a young offender institution)— In Schedule 27 (transitional provision and savings), in paragraph 15(2), before paragraph (a) insert—

In regulation 1(3) of the Child Benefit (General) Regulations 2006 (interpretation of Regulations), in paragraph (a) of the definition of “penalty”, after “250,” insert “252A,”.

In regulation 14(a) of the Children (Secure Accommodation) (Wales) Regulations 2015 (sentences of detention disapplying section 119 of the Social Services and Well-being (Wales) Act 2014), after “250” insert “, 252A”.

In section 106A(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (Parole Board directions when detention and training order to take effect on release from sentence of detention), after “under that section” insert “or paragraph”.

In section 32 of the Criminal Justice Act 1982 (early release of prisoners to make the best use of the places available for detention, subject to certain exceptions)—

In section 28(3) of the Offender Management Act 2007 (custodial sentences where polygraph condition may be imposed on release on licence), in paragraph (a), after “279” insert “or 282A”.

In section 43(4) of the Mental Health Act 1983 (modification of magistrates’ court’s powers of committal), for “or 16” substitute “, 16 or 16A”.

The Criminal Justice and Court Services Act 2000 is amended as follows. In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (d), after “250” insert “or 252A”. In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (b), after “250” insert “or 252A”. In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (d), after “250” insert “or 252A”. In section 64A(8) (power to require attendance at drug testing appointment: interpretation), in paragraph (c) of the definition of “sentence of imprisonment”, after “250” insert “or 252A”.

The Criminal Justice Act 2003 is amended as follows. In section 237(1)(b) (offender sentenced to youth detention to count as fixed-term prisoner), after “250” insert “, 252A”. In section 240ZA(11) (time remanded in custody to count towards term of youth detention), after “250,” insert “252A,”. In section 247A (eligibility for release on licence of terrorist prisoners)— In section 250 (licence conditions)— In section 258(3A) (no duty to release fine defaulter or contemnor also serving term of youth detention), after “250” insert “, 252A”. In section 263(4) (sentences of detention to which provision about concurrent terms applies), after “250,” insert “252A,”. In section 264 (consecutive sentences)— In section 327(3) (sentences attracting risk assessment measures for sexual or violent offenders), in paragraph (b)(v), after “250” insert “or 252A”.

In section 28(3) of the Offender Management Act 2007 (custodial sentences where polygraph condition may be imposed on release on licence)—

In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991 (custodial sentences disapplying section 25 of the Children Act 1989), before “or 259” insert “, 252A”.

In regulation 160(5) of the Employment and Support Allowance Regulations 2008 (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after “250” insert “, 252A”.

In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences), in subsection (1)(d)—

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows. In section 1 (release of short-term, long-term and life prisoners)— In section 1AA (release of certain sexual offenders), for subsection (9) substitute— In section 1AB (restricted eligibility for release on licence of terrorist prisoners)— In the heading of section 1A, after “to” insert “certain”. After section 1A insert— In section 2 (duty to release discretionary life prisoners)— In section 2B(1) (punishment part for life prisoners: assessment under section 2A(1)(a) and (b)), at the beginning insert “Subject to section 205ZB(2) of the 1995 Act,”. In section 3A (re-release of prisoners serving extended sentences)— In section 3B (review of decisions as to determinate sentences)— In section 5 (application of Part to fine defaulters and persons in contempt of court)— In section 6(1) (application of Act to young offenders and to children detained without limit of time), for paragraph (a) substitute—. In section 7 (children detained in solemn proceedings)— In section 9 (persons liable to removal from the United Kingdom), omit subsection (1A). In section 26A (extended sentences: application of section)— In section 27 (interpretation of Part 1 of the Act)— In Schedule 1A (offences carrying restricted eligibility for release on licence), omit Part 2.

In section 24(c) of the International Criminal Court (Scotland) Act 2001 (disapplication of transfer and release provisions of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in relation to certain persons detained in Scotland)—

This section does not apply in relation to a person to whom section 1AB applies.

In Article 44(1A) of the Mental Health (Northern Ireland) Order 1986 (sentences requirement to impose which does not prevent making of hospital or guardianship order), in sub-paragraph (c), after “13” insert “, 13A”.

The Criminal Justice (Northern Ireland) Order 2008 is amended as follows. In Article 3 (interpretation of Part 2 (sentencing)), in paragraph (1), after the definition of “serious harm” insert—. In Article 4 (interpretation of Chapter 2 (custodial sentences))— In Article 5(1)(b) (sentences not subject to general restriction on imposing custody), in paragraph (i), for “or 14” substitute “, 13A or 14”. In Article 7(2) (as amended by Part 9 of this Schedule) (custodial term to be shortest commensurate with seriousness of offence), in paragraph (2), after “Articles” insert 13A,”. In Article 8(1)(a) (as amended by Part 9 of this Schedule) (setting of custodial period), after “other than” insert “a serious terrorism sentence,”. In Article 9(2) (pre-sentence reports before forming opinion as to dangerousness), after “13(1)(b)” insert “, 13A(1)(d)”. In Article 13(3) (duty to impose indeterminate custodial sentence), in the words before paragraph (a), after “extended custodial sentence” insert “or a serious terrorism sentence”. In Article 14 (extended custodial sentences)— In Article 15(1) (cases where assessment of dangerousness required)— In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence” (as amended by Part 9 of this Schedule), after “13(4)(b),” insert “13A(6),”. In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i) (as amended by Part 9 of this Schedule)—

In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (rehabilitation periods for particular sentences)—

In section 398 of the Sentencing Act 2020 (ancillary or inchoate offences), in subsection (4), in the words after paragraph (b), for “9” substitute “8 or 12”. The amendment made by sub-paragraph (1) does not apply where a person is convicted of an offence before the day on which this paragraph comes into force.

In section 32(1A) of the Criminal Justice Act 1982 (sentences excluded from early release of prisoners to make the best use of the places available for detention), in paragraph (ca) (inserted by Part 2 of this Schedule), at the end insert “, including a sentence passed as a result of section 219ZA of the Armed Forces Act 2006”.

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), for “or 218” substitute “, 218 or 224B”.

In paragraph 5(1)(a)(iv) of Schedule 6 to the Counter-Terrorism Act 2008 (service sentences of youth detention attracting notification requirements for terrorist offenders), after “209” insert “or 224B”.

The Criminal Justice Act 2003 is amended as follows. In section 247A (restricted eligibility for release on licence of terrorist prisoners)— In section 250 (licence conditions)— In section 264(6A) (custodial periods to be aggregated in case of consecutive terms served by terrorist prisoner)— In section 264AA(2) (Parole Board directions when detention and training order to take effect on release from sentence of detention), after “under that section” insert “or paragraph”. In Schedule 19ZA (offences carrying restricted eligibility for release on licence), omit Part 2.

In section 2(4)(b)(ii) of the Repatriation of Prisoners Act 1984 (provision that may be included in direction varying order requiring certain prisoners to be detained), after “or (4),” insert “1AB,”.

The Criminal Procedure (Scotland) Act 1995 is amended as follows. In section 207(2) (detention of young offenders), after “205(2) and (3)” insert “, 205ZA(6), 205ZC(4)”. In section 208(1) (detention of children convicted on indictment), for “section 205” substitute “sections 205 and 205ZC(5)”. In section 210A(1) (extended sentences for sex, violent and terrorist offenders)—

In each of the following provisions of the Extradition Act 2003 (which set out the circumstances in which a person is entitled to be released from detention for the purposes of the section), after “1AA” insert “, 1AB”—

In section 45(2) of the Counter-Terrorism Act 2008 (Scottish sentences attracting notification requirements), in paragraph (a), at the end of sub-paragraph (iv) (but before the final “or”) insert—.

The Criminal Justice (Northern Ireland) Order 1996 is amended as follows. In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of “custodial sentence”, after “13(4)(b)” insert “, 13A(6)”. In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), after “13” insert “, 13A”. In Article 10(1) (power to make probation order subject to certain sentencing requirements), after “13” insert “, 13A”. In Article 13(1) (power to make community service order subject to sentencing requirements), after “13” insert “, 13A”. In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), after “13” insert “, 13A”.

The Criminal Justice (Northern Ireland) Order 1996 is amended as follows. In Article 2(2) (meaning of expressions), in paragraph (b)(ii) of the definition of “custodial sentence”, for “or 14(5)” substitute “, 14(5) or 15A(5)”. In Article 4(1) (power to grant absolute or conditional discharge subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”. In Article 10(1) (power to make probation order subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”. In Article 13(1) (power to make community service order subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”. In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”.

The Criminal Justice (Northern Ireland) Order 2008 is amended as follows. In Article 3 (interpretation of Part 2 (sentencing))— In Article 4 (interpretation of Chapter 2 (custodial sentences))— In Article 7 (custodial term to be shortest commensurate with seriousness of offence)— In Article 8(1)(a) (setting of custodial period), after “extended custodial sentence” insert “or an Article 15A terrorism sentence”. In the heading of Chapter 3 of Part 2, at the end insert “and other terrorist offenders”. In Article 14 (extended custodial sentences), in paragraph (4)(a), after “this Article” insert “and Article 15A”. In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence”, for “or 14(5)” substitute “, 14(5) or 15A(5)”. In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i)—

In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences)—

In section 25(5) of the Criminal Justice and Public Order Act 1994 (restriction of bail for certain offenders: interpretation), in paragraph (a) of the definition of “the relevant enactments”, after “250” insert “or 252A”.

In section 70(5) of the Proceeds of Crime Act 2002 (duty to state whether committal would have been made on grounds other than confiscation), after “16(2)” insert “or 16A(2)”.

In section 45(1) of the Domestic Violence, Crime and Victims Act 2004 (victims’ representations and information: interpretation), in the definition of “relevant sentence”, after “250” insert “or 252A”.

In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences attracting notification requirements), after paragraph (via) (but before the final “or”) insert—.

In article 4(2) of the Youth Justice Board for England and Wales Order 2000 (functions exercisable by the Youth Justice Board concurrently with the Secretary of State)—

In regulation 96(6) of the Employment and Support Allowance Regulations 2013 (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after “250” insert “, 252A”.

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in each of the following places, after “209” insert “or 224B”—

The Criminal Justice and Court Services Act 2000 is amended as follows. In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (g), for “or 218” substitute “, 218 or 224B”. In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (c), after “209” insert “or 224B”. In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (g), for “or 218” substitute “, 218 or 224B”. In section 64A(8) (power to require attendance at drug testing appointment: interpretation), in paragraph (f) of the definition of “sentence of imprisonment”, after “209” insert “or 224B”.

The Armed Forces Act 2006 is amended as follows. In section 188 (power to pass consecutive custodial sentences), in subsections (2)(b) and (4)(b), after “209” insert “or 224B”. In section 209 (sentence of detention for offender aged under 18), after subsection (7) insert— In section 210 (place and conditions of youth detention), after “209”, in each place it occurs (including in the heading), insert “or 224B”. In section 211(4) (cases in which detention and training order not required), after “221A” insert “, 224B”. In section 213(3A) (as amended by Part 4 of this Schedule) (application of section 253 of the Sentencing Code), after “209” insert “or 224B”. In section 219A(1) (availability of extended sentence for certain violent, sexual or terrorism offences), after paragraph (d) (but before the final “and”) insert—. In section 223 (meaning of “the required opinion”)— In section 224A (special custodial sentence for offenders of particular concern)— In section 227(3) (minimum sentence for certain firearms offences), for the words from “, the reference” to the end substitute — In section 238(6) (offences aggravated by terrorist connection)— In section 246 (crediting of time in custody), in subsection (6)(a), after “209” insert “or 224B”. In section 256(1)(c) (cases where pre-sentence report to be considered), after “219(1),” insert “219ZA(1)(d),”. In section 260 (discretionary custodial sentences: general restrictions) — In section 261 (length of discretionary custodial sentences: general), in subsection (1), after paragraph (b)—. In section 262A (application of section 329 of the Sentencing Code)— In section 374 (interpretation of Act), in the definition of “custodial sentence”, in paragraph (b), for “or 221A” substitute “, 221A or 224B”.

In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to alter test for discretionary release on licence)—

In each of the following provisions of the Extradition Act 2003 (which set out the circumstances in which a person is entitled to be released from detention for the purposes of the section), for “or 18(8)” substitute “, 18(8) or 20A(8)”—

In section 6A(1)(d) of the Social Work (Scotland) Act 1968 (inquiries into detention of children under certain enactments), after “44” insert “, 205ZC(5)”.

The Prisons (Scotland) Act 1989 is amended as follows. In section 39(7B) (rules for the management of prisons and other institutions: application in relation to extended sentence)— In section 40(3)(a) (arrest of absent prisoners: application of section to persons sentenced or ordered to be detained under certain provisions of the 1995 Act), after “205” insert “, 205ZC(5)”.

In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands)—

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), before “208” insert “205ZC(5) or”.

In section 4 of the Terrorist Offenders (Restriction of Early Release) Act 2020 (disapplication of certain existing release provisions: Scotland), omit subsections (5) and (7).

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (as amended by Part 9 of this Schedule) (rehabilitation periods for particular sentences), in paragraph (9)(b), after “Article” insert “13A(6) or”.

In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish sentences attracting notification requirements), in paragraph (a), after sub-paragraph (iii) insert—.

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), after paragraph (l) of that section as it forms part of the law of England and Wales and Scotland, and after paragraph (m) of that section as it forms part of the law of Northern Ireland, insert—.

In section 55(2) of the Justice Act (Northern Ireland) 2016 (prisoners who may be removed early from prison if liable to removal from the United Kingdom), for the words from “serving an” to the end substitute — In the case of a person— subsection (3) of that section continues to apply to the person despite that amendment, but as if for the words “has served the requisite custodial period” there were substituted “becomes entitled to be released in accordance with Article 20A of the 2008 Order”.

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in paragraph (9)(b), after “centre” insert “, a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008”.

In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish sentences attracting notification requirements), in paragraph (a), after sub-paragraph (iv) insert—.

The Parole Commissioners’ Rules (Northern Ireland) 2009 are amended as follows. In rule 2(1) (application of the rules), after “Articles 18” insert “, 20A”. In rule 7(2) (persons who may act as representatives of prisoner only with consent of Chief Commissioner), in paragraph (b), for the words from “sentenced to” to the end substitute who —. In rule 25 (application of rules to recalled life, indeterminate and extended custodial prisoners)— In rule 26 (short custodial terms)—

The Criminal Justice (Northern Ireland) Order 2008 is amended as follows. In Article 16 (interpretation of Chapter 4 of Part 2 (release on licence)), after paragraph (3) insert— In Article 17(1) (duty to release fixed-term prisoners not serving extended sentences), for “a prisoner serving an extended custodial sentence” substitute “one to whom Article 18 or 20A applies”. In Article 18 (duty to release prisoners serving indeterminate or extended sentences), after paragraph (1) insert— In Article 19 (power to release prisoners before required), in paragraph (3), for sub-paragraph (a) substitute—. In Article 20(3) (consultation with Parole Commissioners before release of certain prisoners), for the words from “serving” to the end of sub-paragraph (b) substitute “to whom Article 18 or 20A applies”. In Article 23(1) (power of court to recommend licence conditions), for “or 19” substitute “, 19 or 20A”. In Article 24(5) (requirement to consult Parole Commissioners about licence conditions), in the words before sub-paragraph (a), after “18” insert “or 20A”. In Article 28 (recall of prisoners while on licence)— In Article 29 (further release after recall for certain prisoners), in paragraph (1)(a), after “extended custodial sentence” insert “or a prisoner to whom Article 20A applies”.