Part 12

Sentencing
Chapter 6

Release, licences, supervision and recall

Release on licence

Release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc
244A
1
This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A
or under section 265 or 278 of the Sentencing Code
, other than a prisoner to whom section 247A applies
.
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
or under section 265 or 278 of the Sentencing Code
;
- “
the requisite custodial period
” means—
  1. in relation to a person serving one sentence
imposed 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,
  2. in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term,
and
  3. in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and
264(2D)
.
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)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
Words in s. 244A heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(2) (with Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
Words in s. 244A(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(2)(a), 208(5)(m)
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)
Word in s. 244A(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(5), 208(5)(p)
Words in s. 244A(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(4) (with Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 244A(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(3) (with Sch. 27); S.I. 2020/1236, reg. 2
Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 244A(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 2(4), 10(4)
Words in s. 244A(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(2)(b), 208(5)(m)
S. 244A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 6; S.I. 2015/778, art. 3, Sch. 1 para. 72
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)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
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