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Criminal Justice Act 2003

Criminal Justice Act 2003 Sch 20A para 5

Sch 20A para 5

(1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter. (2) In particular, the following provisions apply. (3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246. (4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248. (5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section). (6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section. (7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way. (8) Sub-paragraph (1) does not affect the duration of the licence.

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