The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020
| Year | 2020 |
2020 No. 158
Criminal Law, England And Wales
The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020
Made 6th February 2020
Coming into force 1st April 2020
The Secretary of State, in exercise of the powers conferred by sections 267, 330(3) and 330(4) of the Criminal Justice Act 20031, makes the following Order. In accordance with section 330(5) of that Act, a draft of the instrument was laid before Parliament, and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 and shall come into force on 1st April 2020.
Interpretation
2.—(1) In this Order—
“the 2003 Act” means the Criminal Justice Act 2003,
“relevant violent or sexual offence” means an offence listed in Part 1 or 2 of Schedule 15 to the 2003 Act for which a sentence of life imprisonment may be imposed.
(2) In this Order, a reference to a term of imprisonment is to be read as including a reference to a sentence falling within section 237(1)(b) of the 2003 Act.
Reference in section 244 of the 2003 Act
3. In section 244 of the 2003 Act (duty to release prisoners), the reference to one-half in subsection (3)(a) is to be read, in relation to a prisoner sentenced to a term of imprisonment of 7 years or more for a relevant violent or sexual offence, as a reference to two-thirds.
Reference in section 264 of the 2003 Act
4. In section 264 of the 2003 Act (consecutive terms), the reference to one-half in subsection (6)(d) is to be read, in relation to a sentence to a term of imprisonment of 7 years or more for a relevant violent or sexual offence, as a reference to two-thirds.
Application provisions
5. Articles 3 and 4 do not apply—
(a) in relation to any sentence imposed before the day on which this Order comes into force,
(b) in relation to an offender who was aged under 18 at the time the sentence for the relevant violent or sexual offence was imposed, or
(c) in relation to a sentence imposed under section 236A of the 2003 Act (special custodial sentence for offenders of particular concern).
Robert Buckland
Secretary of State for Justice
Ministry of Justice
6th February 2020
EXPLANATORY NOTE
(This note is not part of the Order)
This Order...
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