C12C11Part 12Sentencing
Pt. 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)))
C9Chapter 6F43 Release, licences and recall
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
Pt. 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)
Preliminary
I1237Meaning of “fixed-term prisoner” F1etc
1
In this Chapter “fixed-term prisoner” means—
a
a person serving a sentence of imprisonment for a determinate term, or
C1F21B
In this Chapter—
a
references to a sentence of imprisonment include such a sentence passed by a service court;
b
references to a sentence of detention under section 91 of the Sentencing Act include a sentence of detention under section 209 of the Armed Forces Act 2006;
F56ba
references to a sentence under section 226A of this Act include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;
bb
references to a sentence under section 226B of this Act include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;
c
references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 F3or section 240A; and
d
references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act.
1C
2
In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.
F553
In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section F62226A or 227 of this Act are references to a sentence of detention in a young offender institution.
Power of court to recommend licence conditions
I2238Power of court to recommend licence conditions for certain prisoners
C21
A court which sentences an offender to a term of imprisonment of twelve months or more in respect of any offence may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under this Chapter on his release from prison.
2
In exercising his powers under section 250(4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under subsection (1).
3
A recommendation under subsection (1) is not to be treated for any purpose as part of the sentence passed on the offender.
4
This section does not apply in relation to a sentence of detention under section 91 of the Sentencing Act or section F63226B of this Act.
I3239The Parole Board
1
The Parole Board is to continue to be, by that name, a body corporate and as such is—
a
to be constituted in accordance with this Chapter, and
b
to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.
2
It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners.
3
The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—
a
any documents given to it by the Secretary of State, and
b
any other oral or written information obtained by it;
and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member.
4
The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.
5
Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
6
The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—
a
the need to protect the public from serious harm from offenders, and
b
the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
7
Schedule 19 shall have effect with respect to the Board.
Effect of remand in custodyF8or on bail subject to certain types of condition
Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
F64240C9Crediting of periods of remand in custody: terms of imprisonment and detention
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
240ZAF49Time remanded in custody to count as time served: terms of imprisonment and detention
1
This section applies where—
a
an offender is serving a term of imprisonment in respect of an offence, and
b
the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.
2
It is immaterial for that purpose whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).
3
The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.
But this is subject to subsections (4) to (6).
4
If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.
5
A day counts as time served—
a
in relation to only one sentence, and
b
only once in relation to that sentence.
6
A day is not to count as time served as part of any period of 28 days served by the offender before automatic release (see section 255B(1)).
7
For the purposes of this section a suspended sentence—
a
is to be treated as a sentence of imprisonment when it takes effect under paragraph 8(2)(a) or (b) of Schedule 12, and
b
is to be treated as being imposed by the order under which it takes effect.
8
In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.
9
For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term if—
a
the sentences were passed on the same occasion, or
b
where they were passed on different occasions, the person has not been released at any time during the period beginning with the first and ending with the last of those occasions.
10
The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—
a
detention pursuant to any custodial sentence;
b
committal in default of payment of any sum of money;
c
committal for want of sufficient distress to satisfy any sum of money;
d
committal for failure to do or abstain from doing anything required to be done or left undone.
11
This section applies to a determinate sentence of detention under section 91 or 96 of the Sentencing Act or section F75226A, 226B, 227 or 228 of this Act as it applies to an equivalent sentence of imprisonment.
240AF9F44Time remanded on bail to count towards time served: terms of imprisonment and detention
1
This section applies where—
a
a court sentences an offender to imprisonment for a term in respect of an offence F67... ,
b
the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and
c
the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).
C3C4C52
Subject to F66subsections (3A) and (3B), the court must direct that the credit period is to count as time served by the offender as part of the sentence.
F653
The credit period is calculated by taking the following steps.
Step 1 Add—
- a
the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and
- b
the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).
- a
Step 2 Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also—
- a
subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or
- b
on temporary release under rules made under section 47 of the Prison Act 1952.
- a
Step 3 From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions.
Step 4 Divide the result by 2.
Step 5 If necessary, round up to the nearest whole number.
3A
A day of the credit period counts as time served—
a
in relation to only one sentence, and
b
only once in relation to that sentence.
3B
A day of the credit period is not to count as time served as part of any period of 28 days served by the offender before automatic release (see section 255B(1)).
8
Where the court gives a direction under subsection (2) F68... it shall state in open court—
a
the number of days on which the offender was subject to the relevant conditions, and
F69b
the number of days (if any) which it deducted under each of steps 2 and 3.
F709
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F71Subsections (7) to (9) and (11) of section 240ZA apply for the purposes of this section as they apply for the purposes of that section but as if—
a
in subsection (7)—
i
the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;
ii
in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the Sentencing Act; and
b
F72in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.
12
In this section—
F73“curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;
“qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F74...
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4C6241C9Effect of F45section 240ZA or direction under section 240A on release on licence
1
In determining for the purposes of this Chapter F79... whether a person F77to whom section 240ZA applies or a direction under section 240A relates—
a
has served, or would (but for his release) have served, a particular proportion of his sentence, or
b
has served a particular period,
the number of days F78specified in section 240ZA or in the direction under section 240A are to be treated as having been served by him as part of that sentence or period.
F41A
In subsection (1) the reference to F76section 240ZA includes section 246 of the Armed Forces Act 2006.
F802
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5242Interpretation of F46sections 240ZAF5, 240A and 241
1
For the purposes of F46sections 240ZAF5, 240A and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—
“sentence of imprisonment” does not include a committal—
a
in default of payment of any sum of money, other than one adjudged to be paid on a conviction,
and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.
C72
References in F46sections 240ZA and 241 to an offender’s being remanded in custody are references to his being—
a
remanded in or committed to custody by order of a court,
b
remanded F81to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or
c
remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).
F823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6C8243Persons extradited to the United Kingdom
1
A fixed-term prisoner is an extradited prisoner for the purposes of this section if—
a
he was tried for the offence in respect of which his sentence was imposed F6or he received that sentence—
i
after having been extradited to the United Kingdom, and
ii
without having first been restored or had an opportunity of leaving the United Kingdom, and
b
he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a).
F832
In the case of an extradited prisoner, the court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition.
2A
Section 240ZA applies to days specified under subsection (2) as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.
F73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50Unconditional release
S. 243A and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 111(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
C13C14243ADuty to release prisoners serving less than 12 months
1
This section applies to a fixed-term prisoner who is serving a sentence which is for a term of less than twelve months.
2
As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.
3
For the purposes of this section “the requisite custodial period” is—
a
in relation to a person serving a sentence of imprisonment for a term of less than twelve months or a determinate sentence of detention under section 91 or 96 of the Sentencing Act for such a term, one-half of the sentence, and
b
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).
4
This section is subject to—
a
section 256B (supervision of young offenders after release), and
b
paragraph 8 of Schedule 20B (transitional cases).
Release on licence
I7244Duty to release prisoners
1
F841A
Subsection (1) does not apply if the prisoner has been released on licence under section 246 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).
F912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F87For the purposes of this section “the requisite custodial period” means—
a
F86b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
in relation to a person serving two or more concurrent or consecutive sentences F88... , the period determined under sections 263(2) and 264(2).
F854
This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).
F96245Restrictions on operation of section 244(1) in relation to intermittent custody prisoners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8246Power to release prisoners on licence before required to do so
1
Subject to subsections (2) to (4), the Secretary of State may—
a
F108b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Subsection (1)(a) does not apply in relation to a prisoner unless—
a
the length of the requisite custodial period is at least 6 weeks, F10and
b
he has served—
i
at least 4 weeks of that period, and
ii
at least one-half of that period.
F1103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subsection (1) does not apply where—
a
the sentence is imposed under section F111226A, 227 or 228,
F106aa
the sentence is for a term of 4 years or more,
b
the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),
c
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),
d
the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 in a case where the prisoner has failed to comply with a curfew requirement of a community order,
e
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),
f
the prisoner is liable to removal from the United Kingdom,
g
h
the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, F209...
F107ha
the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of the Sentencing Act, or
F974ZA
Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—
a
if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;
b
if the terms are to be served consecutively, a reference to the aggregate of the terms.
F114A
In subsection (4)—
a
the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and
b
the reference in paragraph (i) to F114section 240ZA includes section 246 of that Act.
5
The Secretary of State may by order—
a
amend the number of days for the time being specified in subsection (1)(a) F115... or (4)(i),
b
amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and
c
amend the fraction for the time being specified in subsection (2)(b)(ii) F116... .
6
In this section—
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the requisite custodial period” in relation to a person serving any sentence F100... , has the meaning given by F102paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a)F100... or (d) of section 244(3);
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the Sentencing Act or under section F103226A, 226B, 227 or 228 of this Act.
246AF51Release on licence of prisoners serving extended sentence under section 226A or 226B
1
This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B.
2
It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section unless either or both of the following conditions are met—
a
the appropriate custodial term is 10 years or more;
b
the sentence was imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.
3
If either or both of those conditions are met, it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).
4
The Secretary of State must refer P's case to the Board—
a
as soon as P has served the requisite custodial period, and
b
where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.
5
It is the duty of the Secretary of State to release P on licence under this section as soon as—
a
P has served the requisite custodial period, and
b
the Board has directed P's release under this section.
6
The Board must not give a direction under subsection (5) unless—
a
the Secretary of State has referred P's case to the Board, and
b
the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.
7
It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).
8
For the purposes of this section—
“appropriate custodial term” means the term determined as such by the court under section 226A or 226B (as appropriate);
“the requisite custodial period” means—
- a
in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and
- b
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).
- a
I9247Release on licence of prisoner serving extended sentence under section 227 or 228
1
This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228.
2
As soon as—
a
a prisoner to whom this section applies has served one-half of the appropriate custodial term, F12. . .
b
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it is the duty of the Secretary of State to release him on licence.
3
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section “the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228.
F1178
In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).
I10248Power to release prisoners on compassionate grounds
1
The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
F1182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11249Duration of licence
1
F1191A
Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.
This is subject to subsection (3).
F1262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F1274
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1205
This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).
I12250Licence conditions
1
In this section—
a
“the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and
b
“prescribed” means prescribed by the Secretary of State by order.
F1362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1302A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1373
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F133F133Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment ... (including ... a sentence imposed under section F134226A or 227) or any sentence of detention under section 91 F131or 96 of the Sentencing Act or section F135226A, 226B,F132227 or 228 of this Act—
a
must include the standard conditions, and
b
may include—
i
any condition authorised by section 62 or 64 of the Criminal Justice and Court Services Act 2000 F210or section 28 of the Offender Management Act 2007, and
ii
such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.
5
A licence under section 246 must also include a curfew condition complying with section 253.
F1285A
In respect of a prisoner serving an extended sentence imposed under section 226A or 226B whose release is directed by the Board under section 246A(5), a licence under—
a
section 246A(5) (initial release), or
b
section 255C (release after recall),
may not include conditions referred to in subsection (4)(b)(ii) unless the Board directs the Secretary of State to include them.
F1386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The preceding provisions of this section have effect subject to section 263(3) (concurrent terms) , F129and section 264(3) (consecutive terms).
8
In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—
a
the protection of the public,
b
the prevention of re-offending, and
c
securing the successful re-integration of the prisoner into the community.
F139I13251Licence conditions on re-release of prisoner serving sentence of less than 12 months
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14252Duty to comply with licence conditions
F181
A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.
F192
But where—
a
the licence relates to a sentence of imprisonment passed by a service court, F140and
F141b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the person is residing outside the British Islands,
the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.
I15253Curfew condition to be included in licence under section 246F48, 255B or 255C
1
For the purposes of this Chapter, a curfew condition is a condition which—
a
requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be premises approved by the Secretary of State under F20section 13 of the Offender Management Act 2007 (c.21)), and
b
includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.
2
The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
3
The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released F142unconditionally under section 243A or on licence under section 244.
F1434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The curfew condition must include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
6
Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.
Recall after release
I16254Recall of prisoners while on licence
1
The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.
2
A person recalled to prison under subsection (1)—
a
may make representations in writing with respect to his recall, and
b
on his return to prison, must be informed of the reasons for his recall and of his right to make representations.
F1442A
The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.
2B
The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.
2C
Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
7
Nothing in F22this section applies in relation to a person recalled under section 255.
I17255Recall of prisoners released early under section 246
1
If it appears to the Secretary of State, as regards a person released on licence under section 246—
a
that he has failed to comply with any condition included in his licence, or
b
that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.
2
A person whose licence under section 246 is revoked under this section—
a
may make representations in writing with respect to the revocation, and
b
on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.
3
The Secretary of State, after considering any representations under F145subsection (2)(a) or any other matters, may cancel a revocation under this section.
4
Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.
5
On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
F47Further release after recall
S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F47255AFurther release after recall: introductory
1
This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.
2
The Secretary of State must, on recalling a person other than an extended sentence prisoner, consider whether the person is suitable for automatic release.
3
For this purpose “automatic release” means release at the end of the period of 28 days beginning with the date on which the person returns to custody.
4
A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of that period.
5
The person must be dealt with—
a
in accordance with section 255B if suitable for automatic release;
b
in accordance with section 255C otherwise.
6
For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
7
An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—
a
section F146226A, 226B, 227 or 228 of this Act, or
b
section 85 of the Sentencing Act;
and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the Sentencing Act) a reference to section 58 of the Crime and Disorder Act 1998.
F47255BAutomatic release
1
A prisoner who is suitable for automatic release (“P”) must—
a
on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and
b
at the end of the 28 day period mentioned in section 255A(3), be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).
2
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
3
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
4
If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.
5
Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.
6
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
7
Where this subsection applies—
a
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
b
P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
8
Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).
9
If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—
a
the Secretary of State must inform P that he or she will not be released under this section, and
b
section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.
F47255CSpecified offence prisoners and those not suitable for automatic release
1
This section applies to a prisoner (“P”) who—
a
is an extended sentence prisoner, or
b
is not considered to be suitable for automatic release.
2
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
3
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.
4
The Secretary of State must refer P's case to the Board—
a
if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or
b
if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.
5
Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.
6
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
7
Where this subsection applies—
a
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
b
P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
8
For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
I18256F23Review by the Board
1
Where on a reference under F147section 255B(4) or 255C(4) in relation to any person, the Board does not F148direct his immediate release on licence under this Chapter, the Board must either—
a
fix a date for the person’s release on licence, or
2
Any date fixed under subsection (1)(a) F25. . . must not be later than the first anniversary of the date on which the decision is taken.
F263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where the Board has fixed a date under subsection (1)(a), it is the duty of the Secretary of State to release him on licence on that date.
F275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
256AF28Further review
1
The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.
2
The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.
3
The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).
4
On a reference under subsection (1) or (2), the Board must determine the reference by—
a
F150directing the person's immediate release on licence under this Chapter,
b
fixing a date for his release on licence, or
c
making no F151direction as to his release.
5
The Secretary of State—
a
b
where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.
F52Supervision of young offenders after release
Ss. 256B, 256C and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 115, 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
256BSupervision of young offenders after release
1
This section applies where a person (“the offender”) is released under this Chapter from one of the following terms if the term is for less than 12 months—
a
a term of detention in a young offender institution;
b
a term of detention under section 91 of the Sentencing Act;
c
a term of detention under section 209 of the Armed Forces Act 2006.
2
The offender is to be under the supervision of—
a
an officer of a provider of probation services,
b
a social worker of a local authority, or
c
if the offender is under the age of 18 years at the date of release, a member of the youth offending team.
3
Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.
4
Where the supervision is to be provided by—
a
a social worker of a local authority, or
b
a member of a youth offending team,
the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
5
The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).
6
During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
7
The requirements that may be specified in a notice under subsection (6) include—
a
requirements for securing the electronic monitoring of the offender's compliance with any other requirements specified in the notice;
b
requirements for securing the electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);
c
in the circumstances mentioned in subsection (8), requirements to provide, when instructed to do so by an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body.
8
The circumstances referred to in subsection (7)(c) are that—
a
the offender has attained the age of 18 years;
b
the offender's term of detention was imposed for a trigger offence; and
c
the requirements to provide samples are being imposed for the purpose of determining whether the offender is complying with any other requirements specified in the notice.
9
The function of giving such an instruction as is mentioned in subsection (7)(c) must be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7) and the provision of samples in pursuance of such an instruction.
10
In this section—
“specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000;
“trigger offence”—
- a
has the same meaning as in that Part, unless paragraph (b) applies;
- b
if the offender's term of detention was imposed for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), means such an offence as respects which the corresponding offence under the law of England and Wales is a trigger offence within the meaning of that Part.
- a
256CBreach of supervision requirements
1
Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—
a
issue a summons requiring the offender to appear at the place and time specified in the summons, or
b
if the information is in writing and on oath, issue a warrant for the offender's arrest.
2
Any summons or warrant issued under this section must direct the offender to appear or be brought—
a
before a court acting for the local justice area in which the offender resides, or
b
if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.
3
Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.
4
If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—
a
order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or
b
impose on the offender a fine not exceeding level 3 on the standard scale.
5
An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.
6
A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
7
An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).
8
In this section “court” means—
a
if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;
b
if the offender is under the age of 18 years at the date of release, a youth court.
Additional days
I19257Additional days for disciplinary offences
1
Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days—
a
to fixed-term prisoners, or
b
conditionally on their subsequently becoming such prisoners, to persons on remand,
who (in either case) are guilty of disciplinary offences.
2
Where additional days are awarded to a fixed-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—
a
any period which he must serve before becoming entitled to or eligible for release under this Chapter,
b
any period which he must serve before he can be removed from prison under section 260, and
I28c
any period for which a licence granted to him under this Chapter remains in force,
is extended by the aggregate of those additional days.
Fine defaulters and contemnors
I20C10C10258Early release of fine defaulters and contemnors
1
This section applies in relation to a person committed to prison—
a
in default of payment of a sum adjudged to be paid by a conviction, or
b
for contempt of court or any kindred offence.
2
As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.
F1542A
Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).
3
Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section F155or in paragraph 35 of Schedule 20B requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.
F1533A
The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the Sentencing Act or under section F156226A, 226B, 227 or 228 of this Act.
4
The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.
Persons liable to removal from the United Kingdom
I21259Persons liable to removal from the United Kingdom
For the purposes of this Chapter a person is liable to removal from the United Kingdom if—
a
he 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 him,
b
he is liable to deportation under section 3(6) of that Act,
c
he has been notified of a decision to refuse him leave to enter the United Kingdom,
d
he is an illegal entrant within the meaning of section 33(1) of that Act, or
e
he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).
259AF38Persons eligible for removal from the United Kingdom
1
For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.
2
The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.
3
The person must not be one who is liable to removal from the United Kingdom.
I22260Early removal of prisoners liable to removal from United Kingdom
1
F312
Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.
F1582A
If a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B—
a
is liable to removal from the United Kingdom, and
b
has not been removed from prison under this section during the period mentioned in subsection (1),
the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.
2B
Subsection (2A) applies whether or not the Board has directed the prisoner's release under section 246A.
F323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F333A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A prisoner removed from prison under this section—
a
is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
i
Schedule 2 or 3 to the Immigration Act 1971, or
ii
section 10 of the Immigration and Asylum Act 1999 (c. 33), and
b
so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.
5
6
The Secretary of State may by order—
a
amend the number of days for the time being specified in subsection (1) F34... ,
F35b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
amend the fraction for the time being specified in F36subsection (2).
F377
In this section “requisite custodial period”—
F161za
in relation to a prisoner serving an extended sentence imposed under section 226A or 226B, has the meaning given by paragraph (a) or (b) of the definition in section 246A(8);
a
in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);
F1578
Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.
I23261Re-entry into United Kingdom of offender removed from prison early
1
This section applies in relation to a person who, after being removed from prison under section 260, has been removed from the United Kingdom before he has served the requisite custodial period.
2
If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—
a
the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
b
his sentence expiry date.
3
A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large) to be unlawfully at large.
4
Subsection (2) does not prevent the further removal from the United Kingdom of a person falling within that subsection.
5
Where, in the case of a person returned to prison by virtue of subsection (2), the further custodial period ends before the sentence expiry date, F166—
a
if the person is serving an extended sentence imposed under section 227 or 228, section 247 has effect in relation to that person as if the reference to one-half of the appropriate custodial term were a reference to the further custodial period;
6
In this section—
“further custodial period” has the meaning given by subsection (2)(a);
“outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date of his removal from the United Kingdom and ending with the date on which he would, but for his removal, have served the requisite custodial period;
“requisite custodial period” F172—
- za
F173in relation to a prisoner serving an extended sentence imposed under section 226A or 226B, has the meaning given by paragraph (a) or (b) of the definition in section 246A(8);
- b
in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);
- c
in any other case, has the meaning given by F169paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) F168... or (d) of section 244(3);
- za
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for his F170release from prison and removal from the United Kingdom, he would have F171served the whole of the sentence.
F174262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consecutive or concurrent terms
I24263Concurrent terms
1
This section applies where—
a
a person (“the offender”) has been sentenced F39. . . to two or more terms of imprisonment which are wholly or partly concurrent, 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.
2
Where this section applies—
a
nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until he is required to release him in respect of each of the others,
F176aa
the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),
b
c
on and after his release under this Chapter F179(unless that release is unconditional) the offender is to be on licenceF184—
i
until the last date on which the offender is required to be on licence in respect of any of the terms, and
ii
subject to such conditions as are required by this Chapter in respect of any of the sentences.
F1803
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1755
This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).
I25264Consecutive terms
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, F187...
F187c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Nothing in this Chapter requires the Secretary of State to release the offender F189... 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 F190the 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.
F1853A
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.
F1914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section—
a
“custodial period”—
F188zi
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 F40one-half of the appropriate custodial term determined under that section,
F194iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F1868
This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).
F200264AConsecutive terms: intermittent custody
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on consecutive sentences for released prisoners
I26265Restriction on consecutive sentences for released prisoners
1
A court sentencing a person to a term of imprisonment may not order or direct that the term is to commence on the expiry of any other sentence of imprisonment from which he has been released
F41a
under this Chapter; or
b
under Part 2 of the Criminal Justice Act 1991.
F2011A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2021B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Drug testing requirements
F206266Release on licence etc: drug testing requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
267Alteration by order of relevant proportion of sentence
The Secretary of State may by order provide that any reference in F207section 243A(3)(a), section 244(3)(a), section 247(2) or section 264(6)(a)(ii) to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.
C15267AF53Application of Chapter 6 to pre-4 April 2005 cases
Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.
C16267BF54Modification of Chapter 6 in certain transitional cases
Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.
I27268Interpretation of Chapter 6
In this Chapter—
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);
“the Board” means the Parole Board;
“fixed-term prisoner” has the meaning given by section 237(1) F42(as extended by section 237(1B));
F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prison” and “prisoner” are to be read in accordance with section 237(2);
F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4