Part 12Sentencing
Chapter 6 Release, licences, supervision and recall
Release on licence
F1244ARelease on licence of prisoners serving sentence under F2section 278 of the Sentencing Code etc
(1)
(2)
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.
(3)
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.
(4)
The Board must not give a direction under subsection (3) unless—
(a)
the Secretary of State has referred P's case to the Board, and
(b)
the Board is satisfied that it is not necessary for the protection of the public that P should be confined.
(5)
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 sections 255A to 255C).
(6)
For the purposes of this section—
“the appropriate custodial term” means the term determined as such by the court under section 236A F5or under section 265 or 278 of the Sentencing Code;
“the requisite custodial period” means—
(a)
in relation to a person serving one sentence F6imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, one-half of the appropriate custodial term,
(b)
F7in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term, and
(c)
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F8264(2D).