PART 2SENTENCING

CHAPTER 2CUSTODIAL SENTENCES

Length of custodial periodI18

1

This Article applies where a court passes—

a

a sentence of imprisonment for a determinate term, other than F2a serious terrorism sentence, an extended custodial sentence F1or an Article 15A terrorism sentence, or

b

a sentence of detention in a young offenders centre

in respect of an offence committed after the commencement of this Article.

2

The court shall specify a period (in this Article referred to as “the custodial period”) at the end of which the offender is to be released on licence under Article 17.

3

The custodial period shall not exceed one half of the term of the sentence.

4

Subject to paragraph (3), the custodial period shall be the term of the sentence less the licence period.

5

In paragraph (4) “the licence period” means such period as the court thinks appropriate to take account of the effect of the offender's supervision by a probation officer on release from custody—

a

in protecting the public from harm from the offender; and

b

in preventing the commission by the offender of further offences.

6

Remission shall not be granted under prison rules to the offender in respect of the sentence.