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63

 
 

(b)    

has been recalled to prison, and

 

(c)    

(whether or not having returned to custody in

 

consequence of that recall) is unlawfully at large on the

 

commencement date.

 

Duty to release on licence at two-thirds of sentence

 

4    (1)  

This paragraph applies to a person in relation to whom—

 

(a)    

all the conditions in sub-paragraph (2) are met, and

 

(b)    

the condition in any one or more of sub-paragraphs (3)

 

to (5) is met.

 

      (2)  

The conditions in this sub-paragraph are that—

 

(a)    

the person has been convicted of an offence committed

 

before 4 April 2005,

 

(b)    

the person is serving a sentence of imprisonment

 

imposed in respect of that offence on or after 1 October

 

1992 but before the commencement date,

 

(c)    

the sentence or (in the case of a section 85 extended

 

sentence) the custodial term is for a term of 4 years or

 

more, and

 

(d)    

the person has not previously been released from

 

prison on licence in respect of that sentence.

 

      (3)  

The condition in this sub-paragraph is that the offence (or one

 

of the offences) in respect of which the sentence was imposed

 

is—

 

(a)    

an offence specified in Schedule 15 (specified violent

 

offences and specified sexual offences) as it had effect

 

on 4 April 2005,

 

(b)    

an offence under any of sections 11, 12, 15 to 18, 54 and

 

56 to 63 of the Terrorism Act 2000,

 

(c)    

an offence under any of sections 47, 50 and 113 of the

 

Anti-terrorism, Crime and Security Act 2001,

 

(d)    

an offence under section 12 of the Sexual Offences Act

 

1956,

 

(e)    

an offence of aiding, abetting counselling, procuring or

 

inciting the commission of an offence listed in any of

 

paragraphs (b) to (d), or

 

(f)    

an offence of conspiring or attempting to commit an

 

offence listed in any of paragraphs (b) to (d).

 

      (4)  

The condition in this sub-paragraph is that the person has

 

served one-half of the sentence or (in the case of a section 85

 

extended sentence) of the custodial term before 9 June 2008.

 

      (5)  

The condition in this sub-paragraph is that—

 

(a)    

the person is serving the sentence by virtue of having

 

been transferred to the United Kingdom in pursuance

 

of a warrant under section 1 of the Repatriation of

 

Prisoners Act 1984,

 

(b)    

the warrant was issued before 9 June 2008, and

 

(c)    

the offence (or one of the offences) for which the person

 

is serving the sentence corresponds to murder or to any


 
 

64

 
 

offence specified in Schedule 15 as it had effect on 4

 

April 2005.

 

5    (1)  

As soon as a person to whom paragraph 4 applies has served

 

two-thirds of the sentence, it is the duty of the Secretary of

 

State to release the person on licence under this paragraph.

 

      (2)  

If the person is serving a section 85 extended sentence, the

 

reference in sub-paragraph (1) to two-thirds of the sentence is

 

a reference to two-thirds of the custodial term.

 

      (3)  

Sub-paragraphs (1) and (2) apply in place of section 244

 

(release on licence of prisoners serving 12 months or more).

 

Duty to release on direction of Parole Board

 

6    (1)  

After a person to whom paragraph 4 applies has served one-

 

half of the sentence, the Secretary of State must, if directed to

 

do so by the Board, release the person on licence under this

 

paragraph.

 

      (2)  

The Board must not give a direction under sub-paragraph (1)

 

unless the Board is satisfied that it is no longer necessary for

 

the protection of the public that the person should be confined.

 

      (3)  

If the person is serving a section 85 extended sentence, the

 

references in this paragraph to one-half of the sentence are

 

references to one-half of the custodial term.

 

      (4)  

Sub-paragraphs (1) to (3) apply in place of section 244 (release

 

on licence of prisoners serving 12 months or more).

 

Release on licence at one-half of sentence: section 85 extended sentence prisoners

 

7    (1)  

This paragraph applies to a person if—

 

(a)    

the person has been convicted of an offence committed

 

on or after 30 September 1998 but before 4 April 2005,

 

(b)    

the person is serving a section 85 extended sentence in

 

respect of that offence,

 

(c)    

the person has not previously been released from

 

prison on licence in respect of that sentence, and

 

(d)    

paragraph 4 does not apply to the person.

 

8    (1)  

As soon as a person to whom paragraph 7 applies has served

 

one-half of the custodial term, it is the duty of the Secretary of

 

State to release the person on licence under this paragraph.

 

      (2)  

Sub-paragraph (1) applies in place of section 243A or 244, as

 

the case may be (release of prisoners serving less than 12

 

months, or serving 12 months or more).

 

Duty to release unconditionally at three-quarters of sentence

 

9    (1)  

This paragraph applies to a person if—

 

(a)    

the person has been convicted of an offence committed

 

before 30 September 1998,


 
 

65

 
 

(b)    

the person is serving a sentence of imprisonment

 

imposed in respect of that offence on or after 1 October

 

1992,

 

(c)    

the sentence is for a term of 12 months or more,

 

(d)    

the person has been released on licence under Part 2 of

 

the 1991 Act, and

 

(e)    

the person has been recalled before 14 July 2008 (and

 

has not been recalled after that date).

 

      (2)  

But this paragraph does not apply if the court by which the

 

person was sentenced ordered that section 86 of the

 

Sentencing Act (extension of periods in custody and on licence

 

in the case of certain sexual offences) should apply.

 

10         

As soon as a person to whom paragraph 9 applies would (but

 

for the earlier release) have served three-quarters of the

 

sentence, it is the duty of the Secretary of State to release the

 

person unconditionally.

 

Duty to release on licence at three-quarters of sentence

 

11  (1)  

This paragraph applies to a person who—

 

(a)    

has been convicted of an offence committed on or after

 

30 September 1998 but before 4 April 2005,

 

(b)    

is serving a sentence of imprisonment for a term of 12

 

months or more imposed in respect of that offence,

 

(c)    

has been released on licence under Part 2 of the 1991

 

Act, and

 

(d)    

has been recalled before 14 July 2008 (and has not been

 

recalled after that date).

 

      (2)  

But this paragraph does not apply if the person has been

 

released and recalled more than once.

 

      (3)  

Nor does this paragraph apply if the sentence is a section 85

 

extended sentence (paragraph 13 applying to such a case

 

instead).

 

12         

As soon as a person to whom paragraph 11 applies would (but

 

for the earlier release) have served three-quarters of the

 

sentence, it is the duty of the Secretary of State to release the

 

person on licence.

 

Release on licence: re-release of section 85 extended sentence prisoners

 

13  (1)  

This paragraph applies to a person who—

 

(a)    

has been convicted of an offence committed on or after

 

30 September 1998 but before 4 April 2005,

 

(b)    

is serving a section 85 extended sentence imposed in

 

respect of that offence,

 

(c)    

has been released on licence under Part 2 of the 1991

 

Act, and

 

(d)    

has been recalled before 14 July 2008 (and has not been

 

recalled after that date).


 
 

66

 
 

      (2)  

But this paragraph does not apply if the person has been

 

released and recalled more than once.

 

14  (1)  

If a person to whom paragraph 13 applies is serving a sentence

 

with a custodial term of less than 12 months, it is the duty of

 

the Secretary of State to release the person on licence as soon

 

as the person would (but for the earlier release) have served

 

the period found by adding—

 

(a)    

one-half of the custodial term, and

 

(b)    

the extension period.

 

      (2)  

If a person to whom paragraph 13 applies is serving a sentence

 

with a custodial term of 12 months or more, it is the duty of the

 

Secretary of State to release the person on licence as soon as the

 

person would (but for the earlier release) have served the

 

period found by adding—

 

(a)    

three-quarters of the custodial term, and

 

(b)    

the extension period.

 

Release of section 227 or 228 extended sentence prisoners: Parole Board direction

 

15  (1)  

This paragraph applies to a person (“P”) who is serving an

 

extended sentence under imposed section 227 or 228 before 14

 

July 2008.

 

      (2)  

Section 247 (release of prisoner on licence) applies to P with the

 

following modifications.

 

      (3)  

The Secretary of State must not release P under subsection (2)

 

of that section unless the Board has directed P’s release under

 

that subsection.

 

      (4)  

The Board must not give a direction under sub-paragraph (3)

 

unless the Board is satisfied that it is no longer necessary for

 

the protection of the public that the person should be confined.

 

      (5)  

As soon as P has served the appropriate custodial term, the

 

Secretary of State must release P on licence, unless P has

 

previously been recalled under section 254.

 

Licence to remain in force to three-quarters of sentence

 

16  (1)  

This paragraph applies to a person to whom paragraph 4

 

applies.

 

      (2)  

This paragraph also applies to a person if—

 

(a)    

the person has been convicted of an offence committed

 

before 4 April 2005,

 

(b)    

the person is serving a sentence of imprisonment

 

imposed in respect of that offence on or after 1 October

 

1992 but before the commencement date,

 

(c)    

that sentence is for a term of 12 months or more but less

 

than 4 years, and

 

(d)    

the person has not previously been released from

 

prison on licence in respect of that sentence.

 

      (3)  

This paragraph also applies to a person if—


 
 

67

 
 

(a)    

the person has been convicted of an offence committed

 

before 4 April 2005,

 

(b)    

the person is serving a sentence of imprisonment

 

imposed in respect of that offence on or after 1 October

 

1992,

 

(c)    

that sentence is for a term of 12 months or more,

 

(d)    

the person has been released on licence under Part 2 of

 

the 1991 Act, and

 

(e)    

the person has been recalled before 14 July 2008 (and

 

has not been recalled after that date).

 

      (4)  

But this paragraph does not apply if the person has been

 

released and recalled more than once.

 

      (5)  

Nor does this paragraph apply if—

 

(a)    

the person is serving a section 85 extended sentence, or

 

(b)    

the court by which the person was sentenced ordered

 

that section 86 of the Sentencing Act (extension of

 

periods in custody and on licence in the case of certain

 

sexual offences) should apply.

 

      (6)  

If a person has been—

 

(a)    

released under section 34A of the 1991 Act or section

 

246 (home detention curfew), and

 

(b)    

recalled under section 38A(1)(b) of the 1991 Act or

 

section 255(1)(b) (no longer possible to monitor

 

curfew),

 

            

the release and recall are to be disregarded for the purposes of

 

this paragraph.

 

17  (1)  

Where a person to whom paragraph 16 applies is released on

 

licence under section 244 or paragraph 5 or 6, the licence shall

 

remain in force until the date on which the person would (but

 

for the release) have served three-quarters of the sentence.

 

      (2)  

Sub-paragraph (1) is subject to any revocation under section

 

254.

 

      (3)  

Sub-paragraphs (1) and (2) apply in place of section 249

 

(duration of licence).

 

Period for which licence to remain in force: section 85 extended sentence prisoners

 

18         

This paragraph applies to a person who—

 

(a)    

has been convicted of an offence committed on or after

 

30 September 1998 but before 4 April 2005,

 

(b)    

is serving a section 85 extended sentence imposed in

 

respect of that offence, and

 

(c)    

has not previously been released from prison on

 

licence in respect of that sentence.

 

19  (1)  

Where a person to whom paragraph 18 applies is released on

 

licence and the custodial term is less than 12 months, the

 

licence shall remain in force until the end of the period found

 

by adding—

 

(a)    

one-half of the custodial term, and


 
 

68

 
 

(b)    

the extension period.

 

      (2)  

Where a person to whom paragraph 18 applies is released on

 

licence and the custodial term is 12 months or more, the licence

 

shall remain in force until the end of the period found by

 

adding—

 

(a)    

three-quarters of the custodial term, and

 

(b)    

the extension period.

 

      (3)  

Sub-paragraphs (1) and (2) are subject to any revocation under

 

section 254.

 

      (4)  

Sub-paragraphs (1) to (3) apply in place of section 249

 

(duration of licence).

 

Concurrent or consecutive terms

 

20         

Paragraphs 21 and 22 apply where a person (“P”) is serving

 

two or more sentences of imprisonment imposed on or after 1

 

October 1992 and—

 

(a)    

the sentences were passed on the same occasion, or

 

(b)    

where they were passed on different occasions, the

 

person has not been released under Part 2 of the 1991

 

Act or under this Chapter at any time during the

 

period beginning with the first and ending with the last

 

of those occasions.

 

21  (1)  

This paragraph applies if each of the sentences is a 1991 Act

 

sentence.

 

      (2)  

Sections 263 and 264 (consecutive and concurrent terms) do

 

not apply in relation to the sentences.

 

      (3)  

For the purposes of any reference in this Chapter, however

 

expressed, to the term of imprisonment to which P has been

 

sentenced or which, or part of which, P has served, the terms

 

are to be treated as a single term.

 

      (4)  

If one or more of the sentences is a section 85 extended

 

sentence—

 

(a)    

for the purpose of determining the single term

 

mentioned in sub-paragraph (3), the extension period

 

or periods is or are to be disregarded, and

 

(b)    

the period for which P is to be on licence in respect of

 

the single term is to be increased in accordance with

 

sub-paragraph (5).

 

      (5)  

That period is to be increased—

 

(a)    

if only one of the sentences is a section 85 extended

 

sentence, by the extension period;

 

(b)    

if there is more than one such sentence and they are

 

wholly or partly concurrent, by the longest of the

 

extension periods;

 

(c)    

if there is more than one such sentence and they are

 

consecutive, by the aggregate of the extension periods.

 

22  (1)  

This paragraph applies where two or more sentences are to be

 

served consecutively on each other and—


 
 

69

 
 

(a)    

one or more of those sentences is a 1991 Act sentence,

 

and

 

(b)    

one or more of them is a 2003 Act sentence.

 

      (2)  

Section 264 does not affect the length of the period which P

 

must serve in prison in respect of the 1991 Act sentence or

 

sentences.

 

      (3)  

Nothing in this Chapter requires the Secretary of State to

 

release P until P has served a period equal in length to the

 

aggregate of the length of the periods which P must serve in

 

relation to each of the sentences mentioned in sub-paragraph

 

(1).

 

      (4)  

If P is also serving one or more 1967 Act sentences, paragraphs

 

32 and 33 apply instead of this paragraph.

 

Part 3

 

Prisoners serving 1967 Act sentences

 

23  (1)  

This Part applies to certain persons serving a 1967 Act

 

sentence.

 

      (2)  

But this Part does not apply to a person who—

 

(a)    

has been released on licence,

 

(b)    

has been recalled to prison, and

 

(c)    

(whether or not having returned to custody in

 

consequence of that recall) is unlawfully at large on the

 

commencement date.

 

      (3)  

In this Part, references to release under Part 2 of the 1991 Act

 

include release under section 60 of the 1967 Act.

 

Sentence of more than 12 months imposed before 1 October 1992

 

24  (1)  

This paragraph applies to a person if—

 

(a)    

the person is serving a sentence of imprisonment

 

imposed before 1 October 1992,

 

(b)    

the sentence is for a term of more than 12 months, and

 

(c)    

the person has not previously been released from

 

prison on licence in respect of that sentence.

 

      (2)  

This paragraph also applies to a person if—

 

(a)    

the person is serving a sentence of imprisonment

 

imposed before 1 October 1992,

 

(b)    

the sentence is for a term of more than 12 months,

 

(c)    

the person has been released on licence under Part 2 of

 

the 1991 Act, and

 

(d)    

the person has been recalled before 14 July 2008 (and

 

has not been recalled after that date).

 

      (3)  

But this paragraph does not apply if, on the passing of the

 

sentence, an extended sentence certificate was issued (see

 

paragraph 27).

 

      (4)  

If a person has been—


 
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