Part 12Sentencing

Chapter 6 Release, licences , supervision and recall

Release on licence

F1244ZARelease on licence of certain violent or sexual offenders

(1)

As soon as a fixed-term 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 the prisoner on licence under this section.

(2)

This section applies to a prisoner who—

(a)

is serving a fixed-term sentence within subsection (4), (5) or (6),

(b)

is not a prisoner to whom section 244A, 246A or 247A applies, and

(c)

has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B F2to 255C).

(3)

Subsection (1) does not apply if—

(a)

the prisoner’s case has been referred to the Board under section 244ZB, or

(b)

a notice given to the prisoner under subsection (4) of that section is in force.

(4)

A fixed-term sentence is within this subsection if it—

(a)

is a sentence of—

(i)

imprisonment, or

(ii)

detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,

(b)

is for a term of 7 years or more,

(c)

was imposed on or after 1 April 2020, and

(d)

was imposed in respect of an offence—

(i)

that is specified in Part 1 or 2 of Schedule 15, and

(ii)

for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(5)

A fixed-term sentence is within this subsection if it—

(a)

is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,

(b)

is for a term of at least 4 years but less than 7 years,

(c)

was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)

was imposed in respect of an offence within subsection (7).

(6)

A fixed-term sentence is within this subsection if it—

(a)

is a sentence of detention under section 250 of the Sentencing Code,

(b)

is for a term of 7 years or more,

(c)

was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)

was imposed in respect of an offence within subsection (7).

(7)

An offence is within this subsection if—

(a)

it is specified in any of the following paragraphs of Part 1 of Schedule 15—

(i)

paragraph 1 (manslaughter);

(ii)

paragraph 4 (soliciting murder);

(iii)

paragraph 6 (wounding with intent to cause grievous bodily harm);

(iv)

paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;

(v)

paragraph 65 (inchoate offences in relation to murder), or

(b)

it is an offence—

(i)

that is specified in Part 2 of that Schedule (sexual offences), and

(ii)

for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(8)

For the purposes of this section “the requisite custodial period” means—

(a)

in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and

(b)

in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).

F3(9)

For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.

(10)

In subsection (9)—

(a)

“service offence” means an offence under—

(i)

section 70 of the Army Act 1955 or the Air Force Act 1955,

(ii)

section 42 of the Naval Discipline Act 1957, or

(iii)

section 42 of the Armed Forces Act 2006;

(b)

“corresponding civil offence” means—

(i)

in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(ii)

in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section;

(iii)

in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.

(11)

Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.