C3C4Part 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)))
C1C2Chapter 6F16 Release, licencesF23, supervision 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)
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 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 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)
Release on licence
I1246Power to release prisoners on licence before required to do so
1
Subject to subsections (2) to (4), the Secretary of State may—
a
F29b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F2and
b
he has served—
i
at least 4 weeks of that period, and
ii
at least one-half of that period.
F193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subsection (1) does not apply where—
F12aa
the sentence is for a term of 4 years or more,
F22ab
the prisoner is one to whom section 247A applies,
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
F28ga
the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);
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, F5...
F24ha
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
F84ZA
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.
F14A
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 F13section 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) F9... 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) F18... .
6
In this section—
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the requisite custodial period” in relation to a person serving any sentence F4... , has the meaning given by F11paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a)F4... or (d) of section 244(3);
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the Sentencing Act or under section F15226A, 226B, 227F3, 228 or 236A of this Act.
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