Part II

Partial Suspension of Sentences, Early Release, Release on Licence or Bail etc.

Bail

Power of Crown Court to grant bail pending appeal.
29
1
In section 81 of the Senior Courts Act 1981 —
a
in subsection (1) (which lists cases in which the Crown Court may grant bail) at the end of paragraph (e) there shall be added—
or
f
to whom the Crown Court has granted a certificate under section 1(2) or 11(1A) of the Criminal Appeal Act 1968 or under subsection (1B) below;
;
b
the following subsections shall be inserted after that subsection—
1A
The power conferred by subsection (1)(f) does not extend to a case to which section 12 or 15 of the Criminal Appeal Act 1968 (appeal against verdict of not guilty by reason of insanity or against finding of disability) applies.
1B
A certificate under this subsection is a certificate that a case is fit for appeal on a ground which involves a question of law alone.
1C
The power conferred by subsection (1)(f) is to be exercised—
a
where the appeal is under section 1 or 9 of the Criminal Appeal Act 1968, by the judge who tried the case; and
b
where it is under section 10 of that Act, by the judge who passed the sentence.
1D
The power may only be exercised within twenty-eight days from the date of the conviction appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.
1E
The power may not be exercised if the appellant has made an application to the Court of Appeal for bail in respect of the offence or offences to which the appeal relates.
1F
It shall be a condition of bail granted in the exercise of the power that, unless a notice of appeal has previously been lodged in accordance with subsection (1) of section 18 of the Criminal Appeal Act 1968—
a
such a notice shall be so lodged within the period specified in subsection (2) of that section; and
b
not later than 14 days from the end of that period, the appellant shall lodge with the Crown Court a certificate from the registrar of criminal appeals that a notice of appeal was given within that period.
1G
If the Crown Court grants bail to a person in the exercise of the power, it may direct him to appear—
a
if a notice of appeal is lodged within the period specified in section 18(2) of the Criminal Appeal Act 1968 at such time and place as the Court of Appeal may require; and
b
if no such notice is lodged within that period, at such time and place as the Crown Court may require.
.
2
In the Criminal Appeal Act 1968—
a
in section 11—
i
in subsection (1), for the word “An" there shall be substituted the words “Subject to subsection (1A) below, an"; and
ii
the following subsection shall be inserted after that subsection—
1A
If the judge who passed the sentence grants a certificate that the case is fit for appeal under section 9 or 10 of this Act, an appeal lies under this section without the leave of the Court of Appeal.
;
b
the following section shall be substituted for section 19—

Bail.
19
1
The Court of Appeal may, if they think fit,—
a
grant an appellant bail pending the determination of his appeal; or
b
revoke bail granted to an appellant by the Crown Court under paragraph (f) of section 81(1) of the Supreme Court Act 1981; or
c
vary the conditions of bail granted to an appellant in the exercise of the power conferred by that paragraph.
2
The powers conferred by subsection (1) above may be exercised—
a
on the application of an appellant; or
b
if it appears to the registrar of criminal appeals of the Court of Appeal (hereafter referred to as “the registrar”) that any of them ought to be exercised, on a reference to the court by him.
;
c
the following paragraph shall be substituted for section 31(2)(e)—
e
to exercise the powers conferred by section 19 of this Act;
.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentences

Prison sentence partly served and partly suspended.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activation of suspended sentence.
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early release

Early release of prisoners.
32
1
The Secretary of State may order that persons of any class specified in the order who are serving a sentence of imprisonment, other than—
a
imprisonment for life , imprisonment for public protection , a serious terrorism sentence ... or an extended sentence ...; or
b
imprisonment to which they were sentenced—
i
for an excluded offence;
ii
for attempting to commit such an offence;
iii
for conspiracy to commit such an offence; or
iv
for aiding or abetting, counselling, procuring or inciting the commission of such an offence, or
c
imprisonment to which they were sentenced for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is—
i
an excluded offence;
ii
an attempt to commit an excluded offence;
iii
conspiracy to commit an excluded offence; or
iv
aiding or abetting, counselling, procuring or inciting the commission of an excluded offence,
shall be released from prison at such time earlier (but not more than six months earlier) than they would otherwise be so released as may be fixed by the order; but the Secretary of State shall not make an order under this section unless he is satisfied that it is necessary to do so in order to make the best use of the places available for detention.
1A
In this section—
a
references to a sentence of imprisonment include a sentence of detention (other than a sentence of service detention within the meaning of the Armed Forces Act 2006), including a detention and training order and an order under section 211 of the Armed Forces Act 2006;
b
references to a sentence of imprisonment for life include custody for life and detention at Her Majesty's pleasure;
c
references to a sentence of imprisonment for public protection are to a sentence under section 225 or 226 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219 or 221 of the Armed Forces Act 2006;
ca
references to a serious terrorism sentence are to a sentence under section 268A or 282A of the Sentencing Code;
d
references to an extended sentence are to a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003
or under section 254, 266 or 279 of the Sentencing Code
, including a sentence passed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006;
e
references to prison include youth detention accommodation (within the meaning of
section 248 of the Sentencing Code
).
2
In this section “excluded offence” means—
a
an offence (whether at common law or under any enactment) specified in Part I of Schedule 1 to this Act; and
b
an offence under an enactment specified in Part II of that Schedule; and
c
an offence specified in Part III of that Schedule.
2A
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,
encouragement and assistance
and aiding and abetting outside England and Wales) applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv).
3
No person may be released under this section if—
a
he is subject to more than one sentence of imprisonment; and
b
at least one of the terms that he has to serve is for an offence mentioned in subsection (1)(b)(i), (ii), (iii) or (iv) or (1)(c) above.
4
An order under this section—
a
may define a class of persons in any way;
b
may relate to one or more specified prisons, or to prisons of a specified class (however defined), or to prisons generally; and
c
may make the time at which a person of any specified class is to be released depend on any circumstances whatever.
5
Where a person who is to be released from prison in pursuance of an order under this section is a person serving a sentence of imprisonment in respect of whom an extended sentence certificate (within the meaning of the Powers of Criminal Courts Act 1973) was issued when the sentence was passed, his release shall be a release on licence under section 60 of the Criminal Justice Act 1967, irrespective of whether at the time of his release he could have been released on licence under that section by virtue of subsection (3) thereof.
6
Where a person ... is released from prison in pursuance of an order under this section, his sentence shall expire on his release.
6A
Subsection (6) does not apply—
a
where the person is within subsection (5), or
b
where the sentence is a detention and training order or a sentence under section 211 of the Armed Forces Act 2006.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
An order under this section shall be made by statutory instrument.
9
No order under this section shall be made unless—
a
a draft of the order has been laid before Parliament and approved by resolution of each House of Parliament; or
b
the expedited procedure conditions are satisfied.
10
The expedited procedure conditions are satisfied if—
a
the order does not provide for the release of any persons before one month earlier than they would otherwise be released; and
b
it is declared in the order that it appears to the Secretary of q State that by reason of urgency it is necessary to make the order without a draft having been so approved.
11
Every such order (except such an order of which a draft has been so approved)—
a
shall be laid before Parliament; and
b
shall cease to have effect at the expiry of a period of 40 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.
12
In reckoning for the purposes of subsection (11) above any period of 40 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
13
An order under this section shall not remain in force after the expiration of 6 months beginning with the date on which it is made, but without prejudice to the power of the Secretary of State to revoke it or to make a further order under this section.
14
Section 5 of the Imprisonment (Temporary Provisions) Act 1980 (which is superseded by this section) shall cease to have effect.

Release on licence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Computation of sentences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
1981 c. 54.
1968 c. 19.
S. 29(3) repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6
S. 32 excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1); S.I. 2001/2161, art. 2 (with art. 3)
1973 c. 62.
1967 c. 80.
1980 c. 57.
S. 33 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch. 2
S. 34 repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I
Words in s. 32(1)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 35; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(17) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
S. 30 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
S. 31 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
S. 32(1)(b)(iv) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 8(a) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
Words in s. 32(2A) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 1 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
S. 32(1)(c)(iv) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 8(b) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
S. 32(1)(c) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 23
S. 32(1)(c) and word added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 94(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 32(2A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 94(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 32(3)(b) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 94(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 32(6A) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 8(5); S.I. 2015/778, art. 2(1)(c)
Words in s. 32(1)(a) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 8(2)(a); S.I. 2015/778, art. 2(1)(c)
Words in s. 32(1)(a) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 8(2)(b); S.I. 2015/778, art. 2(1)(c)
S. 32(1A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 8(3); S.I. 2015/778, art. 2(1)(c)
S. 32(7)(7A) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 8(6); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c)
Words in s. 32(6) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 8(4); S.I. 2015/778, art. 2(1)(c)
Words in s. 32(1A)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 70(a) (with Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 32(1A)(e) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 70(b) (with Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 32(1)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 7(a)
S. 32(1A)(ca) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 7(b)