Page:Criminal Law Act 1977.pdf/115

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Criminal Law Act 1977
c. 45111

Sch. 12

(ii) if the date on which he attains the age of twenty-two is not earlier than the remission date, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier
(c) in the case of a licence granted by virtue of subsection (3)(b) of this section to a person who was under the age of twenty-one when sentence was passed on him, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier;
(d) in a case not within any of the preceding paragraphs, the remission date.
In this subsection ‘the remission date’, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.”.

(4) In subsection (6) (duration of licence, after “this section” insert “in Scotland” and, in paragraph (a), omit the words from “to a person” where they first occur to “or”.

(5) Omit subsection (8)(d).

(6) The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.

8.—(1) Section 63 (supervision of young, short-term prisoners after release) shall be amended as follows.

(2) In subsection (1), for “shall be subject after his release from prison” substitute “shall, if released from prison before he has attained the age of twenty-two, be subject after his release”.

(3) After subsection (1) insert—

“(1A) A person who is under supervision as aforesaid by virtue of subsection (1) above at the time when he attains the age of twenty-two shall cease to be under supervision at that time, and accordingly, in their application to a person by virtue of that subsection, the provisions of the said Schedule 1 shall apply with the further modification that references to the period of twelve months from the date of his release shall be read as references to that period or the period from the date of his release to the date on which he attains the age of twenty- two, whichever is the shorter.”.

(4) In subsection (2), for “the foregoing subsection” substitute “subsection (1) of this section”.

(5) The preceding provisions of this paragraph shall not apply in relation to a person whose period of supervision under Schedule 1 to the 1961 c. 39.Criminal Justice Act 1961 began before the coming into force of this paragraph.