|
|
| |
| | |
|
| (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 |
|
| |
| 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) |
|
| |
| (2) | The conditions in this sub-paragraph are that— |
|
| (a) | the person has been convicted of an offence committed |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (a) | an offence specified in Schedule 15 (specified violent |
|
| offences and specified sexual offences) as it had effect |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
| |
| | |
|
| offence specified in Schedule 15 as it had effect on 4 |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| (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, |
|
|
|
| |
| | |
|
| (b) | the person is serving a sentence of imprisonment |
|
| imposed in respect of that offence on or after 1 October |
|
| |
| (c) | the sentence is for a term of 12 months or more, |
|
| (d) | the person has been released on licence under Part 2 of |
|
| |
| (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 |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| 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 |
|
| |
| 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 |
|
| |
| (c) | has been released on licence under Part 2 of the 1991 |
|
| |
| (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. |
|
| 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 |
|
| |
| (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 |
|
| |
| (2) | Section 247 (release of prisoner on licence) applies to P with the |
|
| |
| (3) | The Secretary of State must not release P under subsection (2) |
|
| of that section unless the Board has directed P’s release under |
|
| |
| (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 |
|
| |
| (2) | This paragraph also applies to a person if— |
|
| (a) | the person has been convicted of an offence committed |
|
| |
| (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 |
|
| |
| (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— |
|
|
|
| |
| | |
|
| (a) | the person has been convicted of an offence committed |
|
| |
| (b) | the person is serving a sentence of imprisonment |
|
| imposed in respect of that offence on or after 1 October |
|
| |
| (c) | that sentence is for a term of 12 months or more, |
|
| (d) | the person has been released on licence under Part 2 of |
|
| |
| (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 |
|
| |
| | the release and recall are to be disregarded for the purposes of |
|
| |
| 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 |
|
| |
| (3) | Sub-paragraphs (1) and (2) apply in place of section 249 |
|
| |
| 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 |
|
| |
| (a) | one-half of the custodial term, and |
|
|
|
| |
| | |
|
| (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 |
|
| |
| (a) | three-quarters of the custodial term, and |
|
| (b) | the extension period. |
|
| (3) | Sub-paragraphs (1) and (2) are subject to any revocation under |
|
| |
| (4) | Sub-paragraphs (1) to (3) apply in place of section 249 |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| 21 (1) | This paragraph applies if each of the sentences is a 1991 Act |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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— |
|
|
|
| |
| | |
|
| (a) | one or more of those sentences is a 1991 Act sentence, |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (4) | If P is also serving one or more 1967 Act sentences, paragraphs |
|
| 32 and 33 apply instead of this paragraph. |
|
| |
| Prisoners serving 1967 Act sentences |
|
| 23 (1) | This Part applies to certain persons serving a 1967 Act |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (4) | If a person has been— |
|
|