Part 2Confinement and release of prisoners

Chapter 2Confinement, review and release of prisoners

Custody and community prisoners

14Determination that section 10(2) applicable: consequences

1

This section applies where the Parole Board determines under section 12(2) or 17(3) that section 10(2) applies in respect of a prisoner.

2

The Parole Board must give the prisoner reasons in writing for its determination.

3

If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served before the three-quarter point—

a

the prisoner must be confined until the three-quarter point, and

b

the Parole Board must specify conditions to be included in the prisoner’s community licence.

4

If on the day of the determination at least 4 months but no more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board may fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.

5

That period is the period—

a

beginning with the day falling 4 months after the day of the determination, and

b

ending with the three-quarter point.

6

If no date is fixed under subsection (4)—

a

the prisoner must be confined until the three-quarter point, and

b

the Parole Board must fix a date falling within the period mentioned in subsection (5) on which it must specify conditions to be included in the prisoner’s community licence.

7

If on the day of the determination more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board must fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.

8

That period is the period—

a

beginning with the day falling 4 months after the day of the determination, and

b

ending immediately before the second anniversary of the day of the determination.

9

In this section, “three-quarter point”, in relation to a prisoner’s custody and community sentence, means the day on which the prisoner will have served three-quarters of the prisoner’s sentence.

10

This section is subject to section 26.