Remission of sentences relating to offences committed before appointed day
50ZD.—(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence), consists wholly of terms of imprisonment imposed for an offence or offences all of which were committed before the appointed day.
(2) Section 50I shall apply to the prisoner, subject to the following modifications:
(a)
the actual making of a remission order under that section is not required; and
(b)
the sentence of the prisoner which, on the appointed day, has yet to be served shall be remitted on the day the Commissioner would have been required to make a remission order in respect of the prisoner under section 50I.
(3) For the avoidance of doubt, Divisions 4 and 5 do not apply when a sentence is remitted under subsection (2)(b).
(4) Where a prisoner to whom this section applies has served 20 years of his sentence and the Commissioner is not required under section 50I to make a remission order in respect of the prisoner, the Minister shall review the prisoner’s case in accordance with section 50J and may, in the Minister’s discretion, direct the Commissioner to make a remission order under section 50J.
(5) For the purposes of subsection (4), where a prisoner has served 20 years or more of his sentence on the appointed day, the Minister shall review the prisoner’s case in accordance with section 50J as soon as practicable after the appointed day.
(6) When the Commissioner is directed by the Minister to make a remission order under section 50J read with subsection (4), Division 2 shall apply except that the remainder of the prisoner’s sentence shall be worked out as follows instead of in accordance with section 50K(3):
(a)
first, work out the portion (in days) of the prisoner’s sentence that has not been served;
(b)
second, work out the portion (in days) of the prisoner’s sentence —
(i)
starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and
(ii)
ending on the day the prisoner would have been released from prison if no remission order was made in respect of him;
(c)
third, subtract the portion of the prisoner’s sentence worked out under paragraph (b) from the portion of the prisoner’s sentence worked out under paragraph (a).
(7) The portion of the prisoner’s sentence worked out under subsection (6)(b) shall be remitted upon the making of the remission order.
Illustration
A prisoner is sentenced to 36 years’ imprisonment for various offences, all of which were committed before the appointed day. The sentence is ordered to take effect from 1st January 2013. While serving imprisonment the prisoner is sentenced to forfeiture of 1 month’s remission for a prison offence. The Minister reviews the prisoner’s case on 1st January 2033, when the prisoner has served 20 years of his sentence and directs the Commissioner to make a remission order under section 50J on the same date. The Commissioner would have been required to make a remission order under section 50I in respect of that prisoner on 1st February 2037, when the prisoner has served 24 years (comprising two-thirds of his sentence) and 1 month (comprising the forfeiture of remission) of his sentence. Consequent to the remission order under section 50J, the prisoner’s sentence will be remitted save for a term of 4 years 1 month, which is the length of the period between the date of the remission order under section 50J and the date on which the Commissioner would have been required to make a remission order under section 50I. The term of 4 years 1 month will be suspended, and will be remitted upon the expiry of the remission order.