PART 2SENTENCING
C1C2 CHAPTER 4RELEASE ON LICENCE
Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)
Power F6... to release on licence
Words in art. 19 cross-heading omitted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 12 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 19 cross-heading)
Power to release prisoners on licence before required to do soI119
1
The F1Department of Justice may release on licence under this Article a fixed-term prisoner at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period.
2
Paragraph (1) shall not apply in relation to a prisoner unless—
a
the length of the requisite custodial period is at least 6 weeks; and
b
the prisoner has served—
i
at least 4 weeks of the prisoner's sentence; and
ii
at least one-half of the requisite custodial period.
3
Paragraph (1) shall not apply where—
F7a
Article 18 or 20A applies to the prisoner;
b
the prisoner is subject to a hospital order or transfer direction within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4);
c
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42);
d
the prisoner is liable to removal from the United Kingdom;
e
the prisoner has been released on licence under this Article during the currency of the sentence, and has been recalled to prison under Article 30; or
f
the prisoner has been released on licence under Article 20 during the currency of the sentence, and has been recalled to prison under Article 28.
4
The F2Department of Justice may by order—
a
amend the number of days specified in paragraph (1);
b
amend the number of weeks specified in paragraph (2)(a) or (b)(i);
c
amend the fraction specified in paragraph (2)(b)(ii).
5
In this Article “the requisite custodial period” has the same meaning as in Article 17.
6
In this Article—
a
“fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article; and
b
in relation to such a prisoner, “the requisite custodial period” means one-half of the term of the sentence.
7
For the purposes of this Article a person is liable to removal from the United Kingdom if that person
a
is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against that person;
b
is liable to deportation under section 3(6) of that Act;
c
has been notified of a decision to refuse that person leave to enter the United Kingdom;
d
is an illegal entrant within the meaning of section 33(1) of that Act; or
e
is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).
Power to release certain prisoners on compassionate groundsI220
1
The F3Department of Justice may, if satisfied that exceptional circumstances exist which justify the release of a prisoner to whom this Article applies on compassionate grounds, at any time release the prisoner on licence under this Article.
2
This Articles applies to—
a
a fixed-term prisoner; and
b
a prisoner serving an indeterminate custodial sentence.
3
4
In this Article “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article.
F55
The Secretary of State may notify the Department of Justice that a prisoner is not to be released under this Article without the Secretary of State's agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State's agreement.
6
But the Secretary of State may—
a
give a notification, or
b
refuse his agreement to a release,
only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.
Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)