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211 Appeals where previous convictions set aside | |
(1) This section applies where— | |
(a) a sentence has been imposed on any person under section 205 or 207, | |
and | |
(b) any previous conviction of his without which the court would not have | 5 |
been required to make the assumption mentioned in section 209(3) has | |
been subsequently set aside on appeal. | |
(2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968 | |
(c. 19), notice of appeal against the sentence may be given at any time within | |
28 days from the date on which the previous conviction was set aside. | 10 |
212 Certificates of convictions for purposes of section 209 | |
Where— | |
(a) on any date after the commencement of this section a person is | |
convicted in England and Wales of a relevant offence, and | |
(b) the court by or before which he is so convicted states in open court that | 15 |
he has been convicted of such an offence on that date, and | |
(c) that court subsequently certifies that fact, | |
that certificate shall be evidence, for the purposes of section 209, that he was | |
convicted of such an offence on that date. | |
213 Offences under service law | 20 |
Where— | |
(a) a person has at any time been convicted of an offence under section 70 | |
of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act | |
1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 | |
(c. 53), and | 25 |
(b) the corresponding civil offence (within the meaning of that Act) was a | |
relevant offence, | |
section 209 shall have effect as if he had at that time been convicted in England | |
and Wales of the corresponding civil offence. | |
214 Determination of day when offence committed | 30 |
Where an offence is found to have been committed over a period of two or | |
more days, or at some time during a period of two or more days, it shall be | |
taken for the purposes of section 209 to have been committed on the last of | |
those days. | |
215 Detention under ss. 206 and 208 | 35 |
A person sentenced to be detained under section 206 or 208 is liable to be | |
detained in such place, and under such conditions, as may be determined by | |
the Secretary of State or by such other person as may be authorised by him for | |
the purpose. | |
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216 Conversion of sentences of detention into sentences of imprisonment | |
For section 99 of the Sentencing Act (conversion of sentence of detention and | |
custody into sentence of imprisonment) there is substituted— | |
“Conversion of sentence of detention to sentence of imprisonment | |
99 Conversion of sentence of detention to sentence of imprisonment | 5 |
(1) Subject to the following provisions of this section, where an offender | |
has been sentenced by a relevant sentence of detention to a term of | |
detention and either— | |
(a) he has attained the age of 21, or | |
(b) he has attained the age of 18 and has been reported to the | 10 |
Secretary of State by the board of visitors of the institution in | |
which he is detained as exercising a bad influence on the other | |
inmates of the institution or as behaving in a disruptive manner | |
to the detriment of those inmates, | |
the Secretary of State may direct that he shall be treated as if he had | 15 |
been sentenced to imprisonment for the same term. | |
(2) Where the Secretary of State gives a direction under subsection (1) | |
above in relation to an offender, the portion of the term of detention | |
imposed under the relevant sentence of detention which he has already | |
served shall be deemed to have been a portion of a term of | 20 |
imprisonment. | |
(3) Where the Secretary of State gives a direction under subsection (1) | |
above in relation to an offender serving a sentence of detention for | |
public protection under section 206 of the Criminal Justice Act 2003 the | |
offender shall be treated as if he had been sentenced under section 205 | 25 |
of that Act; and where the Secretary of State gives such a direction in | |
relation to an offender serving an extended sentence of detention under | |
section 208 of that Act the offender shall be treated as if he had been | |
sentenced under section 207 of that Act. | |
(4) Rules under section 47 of the Prison Act 1952 may provide that any | 30 |
award for an offence against discipline made in respect of an offender | |
serving a relevant sentence of detention shall continue to have effect | |
after a direction under subsection (1) has been given in relation to him. | |
(5) In this section “relevant sentence of detention” means— | |
(a) a sentence of detention under section 90 or 91 above, | 35 |
(b) a sentence of detention for public protection under section 206 | |
of the Criminal Justice Act 2003, or | |
(c) an extended sentence of detention under section 208 of that | |
Act.” | |
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Chapter 6 | |
Release of prisoners on licence | |
Preliminary | |
217 Meaning of “fixed-term prisoner” | |
(1) In this Chapter “fixed-term prisoner” means— | 5 |
(a) a person serving a sentence of imprisonment for a determinate term, or | |
(b) a person serving a determinate sentence of detention under section 91 | |
of the Sentencing Act or under section 208 of this Act. | |
(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a | |
person serving a sentence falling within subsection (1)(b); and “prison” | 10 |
includes any place where a person serving such a sentence is liable to be | |
detained. | |
Power of court to recommend licence conditions | |
218 Power of court to recommend licence conditions for certain prisoners | |
(1) A court which sentences an offender to a term of imprisonment of twelve | 15 |
months or more in respect of any offence may, when passing sentence, | |
recommend to the Secretary of State particular conditions which in its view | |
should be included in any licence granted to the offender under this Chapter | |
on his release from prison. | |
(2) In exercising his powers under section 229(3)(b) in respect of an offender, the | 20 |
Secretary of State must have regard to any recommendation under subsection | |
(1). | |
(3) A recommendation under subsection (1) is not to be treated for any purpose as | |
part of the sentence passed on the offender. | |
(4) This section does not apply in relation to a sentence of detention under section | 25 |
91 of the Sentencing Act or section 208 of this Act. | |
219 The Parole Board | |
(1) The Parole Board is to continue to be, by that name, a body corporate and as | |
such is— | |
(a) to be constituted in accordance with this Part, and | 30 |
(b) to have the functions conferred on it by this Part in respect of fixed-term | |
prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 | |
(c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life | |
prisoners within the meaning of that Chapter. | |
(2) It is the duty of the Board to advise the Secretary of State with respect to any | 35 |
matter referred to it by him which is to do with the early release or recall of | |
prisoners. | |
(3) The Board must, in dealing with cases as respects which it makes | |
recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 | |
Act, consider— | 40 |
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(a) any documents given to it by the Secretary of State, and | |
(b) any other oral or written information obtained by it; | |
and if in any particular case the Board thinks it necessary to interview the | |
person to whom the case relates before reaching a decision, the Board may | |
authorise one of its members to interview him and must consider the report of | 5 |
the interview made by that member. | |
(4) The Board must deal with cases as respects which it gives directions under this | |
Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all | |
such evidence as may be adduced before it. | |
(5) Without prejudice to subsections (3) and (4), the Secretary of State may make | 10 |
rules with respect to the proceedings of the Board, including proceedings | |
authorising cases to be dealt with by a prescribed number of its members or | |
requiring cases to be dealt with at prescribed times. | |
(6) The Secretary of State may also give to the Board directions as to the matters to | |
be taken into account by it in discharging any functions under this Chapter or | 15 |
under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the | |
Secretary of State must have regard to— | |
(a) the need to protect the public from serious harm from offenders, and | |
(b) the desirability of preventing the commission by them of further | |
offences and of securing their rehabilitation. | 20 |
(7) Schedule 15 shall have effect with respect to the Board. | |
Effect of remand in custody | |
220 Crediting of periods of remand in custody: terms of imprisonment and | |
detention | |
(1) This section applies where— | 25 |
(a) a court sentences an offender to imprisonment for a term in respect of | |
an offence committed after the commencement of this section, and | |
(b) the offender has been remanded in custody (within the meaning given | |
by section 222) in connection with the offence or a related offence, that | |
is to say, any other offence the charge for which was founded on the | 30 |
same facts or evidence. | |
(2) It is immaterial for that purpose whether the offender— | |
(a) has also been remanded in custody in connection with other offences; | |
or | |
(b) has also been detained in connection with other matters. | 35 |
(3) Subject to subsection (4), the court must direct that the number of days for | |
which the offender was remanded in custody in connection with the offence or | |
a related offence is to count as time served by him as part of the sentence. | |
(4) Subsection (3) does not apply if and to the extent that— | |
(a) rules made by the Secretary of State so provide in the case of— | 40 |
(i) a remand in custody which is wholly or partly concurrent with | |
a sentence of imprisonment, or | |
(ii) sentences of imprisonment for consecutive terms or for terms | |
which are wholly or partly concurrent, or | |
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(b) it is in the opinion of the court just in all the circumstances not to give a | |
direction under that subsection. | |
(5) Where the court gives a direction under subsection (3), it shall state in open | |
court— | |
(a) the number of days for which the offender was remanded in custody, | 5 |
and | |
(b) the number of days in relation to which the direction is given. | |
(6) Where the court does not give a direction under subsection (3), or gives such a | |
direction in relation to a number of days less than that for which the offender | |
was remanded in custody, it shall state in open court— | 10 |
(a) that its decision is in accordance with rules made under paragraph (a) | |
of subsection (4) , or | |
(b) that it is of the opinion mentioned in paragraph (b) of that subsection | |
and what the circumstances are. | |
(7) For the purposes of this section a suspended sentence— | 15 |
(a) is to be treated as a sentence of imprisonment when it takes effect under | |
paragraph 7(2)(a) or (b) of Schedule 9, and | |
(b) is to be treated as being imposed by the order under which it takes | |
effect. | |
(8) For the purposes of the reference in subsection (3) to the term of imprisonment | 20 |
to which a person has been sentenced (that is to say, the reference to his | |
“sentence”), consecutive terms and terms which are wholly or partly | |
concurrent are to be treated as a single term if— | |
(a) the sentences were passed on the same occasion, or | |
(b) where they were passed on different occasions, the person has not been | 25 |
released under this Chapter at any time during the period beginning | |
with the first and ending with the last of those occasions. | |
(9) Where an offence is found to have been committed over a period of two or | |
more days, or at some time during a period of two or more days, it shall be | |
taken for the purposes of subsection (1) to have been committed on the last of | 30 |
those days. | |
(10) This section applies to a determinate sentence of detention under section 91 of | |
the Sentencing Act or section 208 of this Act as it applies to an equivalent | |
sentence of imprisonment. | |
221 Effect of direction under section 220 on release on licence | 35 |
(1) In determining for the purposes of this Chapter or Chapter 3 (prison sentences | |
of less than twelve months) whether a person to whom a direction under | |
section 220 relates— | |
(a) has served or would (but for his release) have served, a particular | |
proportion of his sentence, or | 40 |
(b) has served a particular period, | |
the number of days specified in the direction are to be treated as having been | |
served by him as part of that sentence or period. | |
(2) In determining for the purposes of section 165 (intermittent custody) whether | |
any part of a sentence to which an intermittent custody order relates is a licence | 45 |
period or a custodial period, the number of custodial days, as defined by | |
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(2) subsection (3) of that section, is to be taken to be reduced by the number of days | |
specified in a direction under section 220. | |
222 Interpretation of sections 220 and 221 | |
(1) For the purposes of sections 220 and 221, the definition of “sentence of | |
imprisonment” in section 252 applies as if for the words from the beginning of | 5 |
the definition to the end of paragraph (a) there were substituted— | |
“‘sentence of imprisonment’ does not include a committal— | |
(a) in default of payment of any sum of money, other than one | |
adjudged to be paid on a conviction,”; | |
and references in those sections to sentencing an offender to imprisonment, | 10 |
and to an offender’s sentence, are to be read accordingly. | |
(2) References in sections 220 and 221 to an offender’s being remanded in custody | |
are references to his being— | |
(a) remanded in or committed to custody by order of a court, | |
(b) remanded or committed to local authority accommodation under | 15 |
section 23 of the Children and Young Persons Act 1969 (c. 54) and kept | |
in secure accommodation or detained in a secure training centre | |
pursuant to arrangements under subsection (7A) of that section, or | |
(c) remanded, admitted or removed to hospital under section 35, 36, 38 or | |
48 of the Mental Health Act 1983 (c. 20). | 20 |
(3) In subsection (2), “secure accommodation” has the same meaning as in section | |
23 of the Children and Young Persons Act 1969 (c. 54). | |
223 Persons extradited to the United Kingdom | |
(1) A fixed-term prisoner is an extradited prisoner for the purposes of this section | |
if— | 25 |
(a) he was tried for the offence in respect of which his sentence was | |
imposed— | |
(i) after having been extradited to the United Kingdom, and | |
(ii) without having first been restored or had an opportunity of | |
leaving the United Kingdom, and | 30 |
(b) he was for any period kept in custody while awaiting his extradition to | |
the United Kingdom as mentioned in paragraph (a). | |
(2) In the case of an extradited prisoner, section 220 has effect as if the days for | |
which he was kept in custody while awaiting extradition were days for which | |
he was remanded in custody in connection with the offence, or any other | 35 |
offence the charge for which was founded on the same facts or evidence. | |
(3) In this section— | |
“extradited to the United Kingdom” means returned to the United | |
Kingdom— | |
(a) in pursuance of extradition arrangements, | 40 |
(b) under any law of a Commonwealth country corresponding to | |
the Extradition Act 1989 (c. 33), | |
(c) under that Act as extended to a British overseas territory or | |
under any corresponding law of a British overseas territory, | |
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(d) in pursuance of a warrant of arrest endorsed in the Republic of | |
Ireland under the law of that country corresponding to the | |
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), or | |
(e) in pursuance of arrangements with a foreign state in respect of | |
which an Order in Council under section 2 of the Extradition | 5 |
Act 1870 is in force; | |
“extradition arrangements” has the meaning given by section 3 of the | |
Extradition Act 1989 (c. 33); | |
“designated Commonwealth country” has the meaning given by section | |
5(1) of that Act. | 10 |
Release on licence | |
224 Duty to release prisoners | |
(1) As soon as a fixed-term prisoner, other than a prisoner to whom section 226 | |
applies, has served the requisite custodial period, it is the duty of the Secretary | |
of State to release him on licence under this section. | 15 |
(2) Subsection (1) does not require the Secretary of State to release a person serving | |
a sentence of imprisonment to which an intermittent custody order relates at | |
any time after he has been recalled under section 232. | |
(3) In this section “the requisite custodial period” means— | |
(a) in relation to a person serving a sentence of imprisonment for a term of | 20 |
twelve months or more or any determinate sentence of detention under | |
section 91 of the Sentencing Act, one-half of his sentence, | |
(b) in relation to a person serving a sentence of imprisonment for a term of | |
less than twelve months (other than one to which an intermittent | |
custody order relates), the custodial period within the meaning of | 25 |
section 163, | |
(c) in relation to a person serving a sentence of imprisonment to which an | |
intermittent custody order relates, any part of the term which is not a | |
licence period as defined by section 165(3), and | |
(d) in relation to a person serving two or more concurrent or consecutive | 30 |
sentences, the period determined under section 237(2) and 238(2). | |
225 Power to release prisoners on licence before required to do so | |
(1) Subject to subsections (2) and (3), the Secretary of State may release a fixed- | |
term prisoner aged 18 or over on licence under this section at any time within | |
the period of 90 days before the day on which the prisoner will have served the | 35 |
requisite custodial period. | |
(2) Subsection (1) does not apply in relation to a prisoner unless— | |
(a) the length of the requisite custodial period is at least 8 weeks, | |
(b) he has served— | |
(i) at least 6 weeks of his sentence, and | 40 |
(ii) at least three-quarters of the requisite custodial period. | |
(3) Subsection (1) does not apply where— | |
(a) the sentence is imposed under section 207 or 208, | |
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