Section 41 changes the release point for offenders who receive a fixed-term sentence for murder overseas and are repatriated to serve that sentence in England and Wales. Subsection (1) makes clear that this is done by inserting new paragraph (2B) (Application of release provisions to prisoner serving fixed-term sentence for murder) in the Schedule to the Repatriation of Prisoners Act 1984 (warrants under section 1 for the transfer of prisoners into the United Kingdom). All references to sections, chapters and parts in the below commentary are references to the Criminal Justice Act 2003.
	Subparagraph 2B(1) defines the cohort of prisoners to whom paragraph 2B applies.
	Subparagraphs 2B(2) and (3) modify the application of Chapter 6 of Part 12 and changes the release point for prisoners in this cohort to two thirds.
	Subparagraph 2B(4) excludes prisoners in this cohort from release under section 246, which is operationally referred to as release on Home Detention Curfew.
	Subparagraph 2B(5) provides that these prisoners will only be eligible for a standard recall under section 255C and can only be released by the Secretary of State or the Parole Board.
	Subparagraph 2B(6) provides that if one of these prisoners is subject to release by the Parole Board, the Secretary of State can require the Parole Board to refer that decision to the High Court.
	Subparagraph 2B(7) provides that the automatic release point for the fixed term sentence for murder is two thirds when serving that sentence consecutively with another sentence.
	Subparagraph 2B(8) disapplies section 264B which provides for the calculation of consecutive sentences where there is a sentence subject to the transitional release provisions of the Offender Rehabilitation Act 2014 in the mix. This section has been disapplied for this cohort of offenders to ensure that any prisoners to whom this section applies remain on licence for the whole term of their sentence.
	Subsection (2) amends paragraph 4(5) of Schedule 20B so that prisoners in this cohort will be released at two thirds.
	Subsections (3) and (4) provides that new paragraph 2B only applies to prisoners who were transferred into England and Wales both before and after this section comes into force, except where any prisoner has been released from their sentence before commencement. However, paragraph 2B applies to any prisoner in this cohort who is recalled to prison after commencement of these provisions, even if they were transferred and released before it came into force.
Part 2: Management of offenders after sentencing Section 41: Application of provisions about release etc to certain repatriated prisoners