Statutory Instruments
2008 No. 977
Prisons, England And Wales
The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008
Made
2nd April 2008
Coming into force
7th April 2008
This Order is made in exercise of the powers conferred by section 46A(6)(a) of the Criminal Justice Act 1991( 1 ).
In accordance with section 46A(7) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Order:
Citation and Commencement
1. This Order may be cited as the Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 and shall come into force on 7th April 2008.
Amendment to the Criminal Justice Act 1991
2. For section 46A(5) of the Criminal Justice Act 1991 substitute—
“ (5) In this section “the requisite period” means—
(a) for a term of less than three years, a period equal to one-quarter of the term; and
(b) for a term of three years or more, a period that is 270 days less than one-half of the term. ”
Signed by authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
2nd April 2008
1991 c.53 . Section 46A was inserted by section 262 of, and paragraphs 1 and 4 of Schedule 20 to, the Criminal Justice Act 2003 (c.44) . Section 46A was repealed by sections 303(a) and 332 of, and Part 7 of Schedule 37 to, the Criminal Justice Act 2003 (c.44) , but is subject to savings provisions in paragraphs 14, 19 and 33 of Schedule 2 to The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Savings Provisions) Order 2005 ( S.I. 2005/950 ).