Part 12U.K.Sentencing

Modifications etc. (not altering text)

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

Chapter 6E+W [F1 Release, licences and recall ]

Textual Amendments

Modifications etc. (not altering text)

C3Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Consecutive or concurrent termsE+W

264Consecutive termsE+W

(1)This section applies where—

(a)a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and

(b)the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, F2...

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Nothing in this Chapter requires the Secretary of State to release the offender F3... until he has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the terms of imprisonment.

(3)Where [F4the aggregate length of the terms of imprisonment is 12 months or more], the offender is, on and after his release under this Chapter, to be on licence—

(a)until he would, but for his release, have served a term equal in length to the aggregate length of the terms of imprisonment, and

(b)subject to such conditions as are required by this Chapter in respect of each of those terms of imprisonment.

[F5(3A)Where the aggregate length of the terms of imprisonment is less than 12 months, the offender's release under this Chapter is to be unconditional.]

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section—

(a)“custodial period”—

[F7(zi)in relation to an extended sentence imposed under section 226A or 226B, means two-thirds of the appropriate custodial term determined by the court under that section,]

(i)in relation to an extended sentence imposed under section 227 or 228, means [F8one-half of] the appropriate custodial term determined under that section,

(ii)in relation to [F9any other sentence] , means one-half of [F10the sentence], F11...

F11(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section applies to a determinate sentence of detention under section 91 [F13or 96] of the Sentencing Act or under section [F14226A, 226B,] [F15227 or] 228 of this Act as it applies to a term of imprisonment F16... .

[F17(8)This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).]

Textual Amendments

Commencement Information

I1S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)