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Amendment of section 10 of Act of 2005
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68. Section 10 of the Act of 2005 is amended—
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(a) in subsection (1)—
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(i) by the substitution of “order (in this Act referred to as a ‘committal order’) for the purpose of enforcement of the sentence, committing the person to a place of detention” for “order committing the person to a prison”, and
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(ii) by the substitution of “a period, subject to subsection (3), equal” for “a period equal”,
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(b) in subsection (2), by the substitution of “a committal order” for “an order under subsection (1)”,
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(c) by the substitution of the following subsection for subsection (3):
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“(3) In determining the period for which a sentenced person may be committed to a place of detention in a committal order—
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(a) the High Court shall not have regard to the provisions of law of the sentencing country under which the sentenced person is entitled to early or conditional release, and
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(b) where by operation of law of the sentencing country the sentenced person would be entitled, other than in accordance with paragraph (a), to be released from custody, whether under licence or otherwise, at a specified time having served a specified portion of the sentence—
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(i) the High Court shall treat such release as a measure relating to the administration of the sentence, and
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(ii) the sentence shall be treated as a sentence to be spent in custody or other detention for the full period.”,
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(d) by the substitution of the following subsection for subsection (4):
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“(4) Where a committal order is made in respect of a sentenced person who has been sentenced to a term of imprisonment for life in a sentencing country, the order shall specify that the person is to be committed for imprisonment for life irrespective of whether his or her eligibility for early or conditional release (including parole) in the sentencing country was—
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(a) restricted for the whole term of the sentence, or
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(b) conditional on his or her having served a specified term of imprisonment as a result of—
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(i) a decision or order by the court or tribunal that imposed the sentence,
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(ii) the operation of law of the sentencing country, or
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(iii) a decision of a body in the sentencing country, other than a body referred to in subparagraph (i), on whom a power to make such a decision has been conferred by law.”,
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(e) by the substitution of the following subsection for subsection (5):
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“(5) Notwithstanding subsection (1), the period for which a sentenced person may be committed to a place of detention in a committal order may exceed the period for which he or she could lawfully have been detained or otherwise had his or her personal liberty restricted in custody in the sentencing country.”,
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(f) in subsection (6)(a)—
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(i) by the substitution of “committal order” for “an order under subsection (1)”, and
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(ii) by the substitution of “the place of detention” for “prison”,
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and
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(g) by the repeal of subsection (7).
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