extended licences

[kjl1972]

Many thanks for the replies to my previous question. I have another query which hopefully someone can help with. I recently read that prior to April 2005 those serving between one and four years were automatically released at the fifty per cent point of their sentence and supervised to the three-quarter point by the Probation Service. Those serving less than a year were released at the halfway point without any supervision at all. Those serving four years or more but less than life could be released on licence after the 50 per cent point and will be supervised by probation up to the two-thirds point when they would be released in any event. The Criminal Justice Act 2003 changed these arrangements so that and after 4 April 2005 all prisoners were supervised until the expiry of their sentence. My question is does this only affect the license supervision period of those convicted after 4 April 2005? I was convicted in November 04 and received a 2 year + 5 years extended licence. Thanks.

[NORMANTHEDOG]

all the answers you need can be explained to you by your probation officer,why havent you asked them.

[kjl1972]

Thanks, I have already have an appointment in the New Year, just wanted to be sure of the facts before speaking to them.

[Buenchico]

As I read it, you're correct in saying that the relevant legislation only applies to persons who committed offences on or after 4 April 2005.

Provision for extended licences is provided by Section 227 of the 2003 Act:
http://www.england-legislation.hmso.gov.uk/act s/acts2003/ukpga_20030044_en_18#pt12-ch5-l1g22 7
It specifically states that it only relates to convictions where the date of the offence (not of conviction) is after the date on which Section 227 commences.

Section 336 states that Section 227 will only come into affect when a date is set, by Order, by the Secretary of State:
http://www.england-legislation.hmso.gov.uk/act s/acts2003/ukpga_20030044_en_24#pt14-l1g336

The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 states that Sections 224 to 236, of the 2003 Act, commence on 4 April 2005:
http://www.opsi.gov.uk/SI/si2005/20050950.htm

Chris