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Criminal Justice Act 2003

Criminal Justice Act 2003 Sch 20B para 32

Sch 20B para 32

(1) This paragraph applies where— (a) one or more of the sentences is a 1967 Act sentence, and (b) one or more of them is a 1991 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1). (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served— (a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and (b) that single term is to be treated as if it were a 1967 Act sentence. (4) If one or more of the sentences is a section 85 extended sentence— (a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and (b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5). (5) That period is to be increased— (a) if only one of the sentences is a section 85 extended sentence, by the extension period; (b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods; (c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods. (6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.

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