Part 12Sentencing

Chapter 6 Release, licences, supervision and recall

Fine defaulters and contemnors

258Early 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.

F1(2A)

Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).

F2(2B)

Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.

(2C)

The Secretary of State may by order amend the amount for the time being specified in subsection (2B).

(3)

Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section F3or 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.

F4(3A)

The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of F5the PCC(S)A 2000, under section 250 F6, 252A, 254, 262, 265 F7, 266 or 268A of the Sentencing Code or under section F8226A, 226B, 227 F9, 228 or 236A 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.