When a court considered imposing an extended custodial sentence on a prisoner in relation to an offence committed whilst on release, it must do so by reference to the offence at issue. The ordering of the court that the defendant serve any further period of the previous sentence was to be ignored in checking the application of section 85(3). The 85(5) maximum was not from when the base licence period would otherwise cease until the expiry of the maximum, but the aggregate of the custodial term per 85(2)(a) and the extension period under 82(5)(b) It was that aggregate which was not to exceed the maximum term for the offence.
Citations:
Times 14-Mar-2001
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 85
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 29 August 2022; Ref: scu.88526
