Division 7 — Transitional provisions
Application
50ZC.—(1)  This Division applies to a prisoner —
(a)convicted before, on or after the date of commencement of section 7 of the Prisons (Amendment) Act 2014 (referred to in this Division as the appointed day);
(b)whose sentence of imprisonment does not include a sentence of life imprisonment for an offence committed on or after 21st August 1997; and
(c)whose sentence of imprisonment includes a term of imprisonment (not including a default sentence) imposed for an offence committed before the appointed day.
(2)  For the purposes of subsection (1) and this Division, a sentence of life imprisonment imposed for an offence committed before 21st August 1997 shall be deemed to be a sentence of imprisonment for a term of 20 years.
[Act 1 of 2014 wef 01/07/2014]
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.
[Act 1 of 2014 wef 01/07/2014]
Remission of sentences for offences committed both before and on or after appointed day
50ZE.—(1)  This section applies to a prisoner whose sentence of imprisonment (not including any default sentence) consists of terms of imprisonment imposed for offences committed both before the appointed day, and on or after the appointed day.
(2)  The prisoner shall, upon his admission to prison, be entitled to have his sentence remitted in accordance with Division 2 as modified by subsections (3), (4), (5) and (6).
(3)  When a remission order is made by the Commissioner under section 50I in respect of a prisoner to whom this section applies, the remainder of the prisoner’s sentence shall be worked out as follows instead of in accordance with section 50K(2) or (3), as the case may be:
(a)first, work out the portion (in days) of the prisoner’s aggregate sentence that has not been served;
(b)second, apportion the total time (in days) the prisoner spent serving his aggregate sentence among each of his consecutive terms of imprisonment (including default sentences) such that each sentence is served in the same proportion;
(c)third, work out the portion (in days) of any default sentence which has not been served under paragraph (b);
(d)fourth, for an offence committed before the appointed day, work out the portion (in days) of the sentence which has not been served under paragraph (b);
(e)fifth, add the portions of the prisoner’s sentences worked out under paragraphs (c) and (d);
(f)sixth, subtract the portion of the prisoner’s sentences worked out under paragraph (e) from the portion of the prisoner’s sentence worked out under paragraph (a).
Illustration
A prisoner is sentenced to 9 years’ imprisonment for offence A, committed before the appointed day, and 6 years’ imprisonment for offence B, committed after the appointed day. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1st January 2015. The Commissioner makes a remission order under section 50I on 1st January 2025, the day after the day where the prisoner has served two-thirds of his sentence. The time the prisoner spent serving his sentence (10 years) will be apportioned between offences A and B such that he has served the same proportion of each sentence, i.e. 6 years of the sentence for offence A and 4 years of the sentence for offence B. The portion of the sentence for offence A which has not been served (3 years) will be remitted. The portion of the sentence for offence B which has not been served (2 years) will be the remainder of the prisoner’s sentence, which is suspended until the remission order expires, whereupon it will be remitted.
(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.
(5)  If the Minister directs the Commissioner to make a remission order under section 50J, the remainder of the prisoner’s sentence shall be worked out as follows instead of in accordance with section 50K(4):
(a)first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —
(i)starting on the date of the remission order made under section 50J; and
(ii)ending on the day immediately before 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;
(b)second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —
(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 had no remission order was made in respect of him;
(c)third, apportion the portion of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served;
(d)fourth, work out the portion (in days) of all sentences (other than default sentences) for offences committed on or after the appointed day as apportioned under paragraph (c);
(e)fifth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (d).
Illustration
A prisoner is sentenced to 18 years’ imprisonment for offence A, committed before the appointed day, and 15 years’ imprisonment for offence B, committed after the appointed day. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1st January 2015. The Minister reviews the prisoner’s case on 1st January 2035, when the prisoner has served 20 years of his sentence and directs the Commissioner to make a remission order under section 50I on the same date. The Commissioner would have been required to make a remission order under section 50I on 1st January 2037, when the prisoner has served 22 years (two-thirds) of his sentence. If the prisoner had continued to serve his sentence until the Commissioner made a remission order on that date, the portion of the prisoner’s sentence of 33 years which would have not been served would be 11 years. This would be apportioned proportionally between the sentences for offences A and B, such that 6 years of the sentence for offence A has not been served and 5 years for offence B has not been served. The portion for offence A which has not been served (6 years) will be remitted. The portion for offence B (5 years) which has not been served will be added to the portion of the prisoner’s sentence from the date on which the Minister directs the Commissioner to make the remission order under section 50I to the day on which the Commissioner would have been required to make a remission order under section 50I (2 years). The aggregate term (7 years) so determined would be suspended and would be remitted when the remission order expires.
(6)  The following portions of a prisoner’s sentence shall be remitted:
(a)the portion of any default sentence as worked out under subsection (3)(c) or (5)(c);
(b)the portion of any sentence for an offence committed before the appointed day, as worked out under subsection (3)(d) or (5)(c).
[Act 1 of 2014 wef 01/07/2014]
Application of Divisions 4 and 5
50ZF.—(1)  For the avoidance of doubt —
(a)Division 4 shall apply to a prisoner referred to in section 50ZC who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and
(b)Division 5 shall apply to a prisoner referred to in section 50ZC —
(i)who is released under a remission order made under section 50I or 50J read with the provisions of this Division; and
(ii)to whom section 50U applies.
(2)  Division 5 shall also apply to a prisoner referred to in section 50ZC —
(a)who is released under a remission order made under section 50J read with the provisions of this Division; and
(b)to whom section 50U would apply if any of the offences he committed before the appointed day had been committed on the appointed day.
[Act 1 of 2014 wef 01/07/2014]
Minister may prescribe additional transitional provisions
50ZG.  For a period of 2 years after the appointed day, the Minister may prescribe such additional provisions of a savings or transitional nature consequent on the enactment of this Part as he may consider necessary or expedient.
[Act 1 of 2014 wef 01/07/2014]