The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order amends section 34A(4) of the Criminal Justice Act 1991, which defines “the requisite period” after which a short-term prisoner to whom section 34A(1) of that Act applies may be released on licence pursuant to section 34A(3) of that Act.

Unamended, section 34A(4)(b) required short-term prisoners with terms of imprisonment of four months or more but less than eight months to serve a period equal to one-quarter of their term before becoming eligible for release under that section. Section 34A(4)(c) required short-term prisoners with terms of eight months or more to serve a period that was 60 days less than one-half of their term before becoming so eligible.

This Order amends the definition of “the requisite period” so that prisoners with terms of imprisonment of four months or more but less than twelve months serve one-quarter of their term before becoming eligible for release. For those short-term prisoners with terms of imprisonment of twelve months or more, the requisite period is amended by this Order to be a period that is 90 days less than one-half of their term.