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(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), | 5 |
(d) the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or | |
10(1)(b) or (c) of Schedule 7 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 1 of the | |
Sex Offenders Act 1997 (c. 51), | 10 |
(f) the prisoner is liable to removal from the United Kingdom for the | |
purposes of this Chapter, | |
(g) the prisoner has been released on licence under section 227 during the | |
currency of the sentence, and has been recalled to prison under section | |
232, | 15 |
(h) the prisoner has been returned to prison under section 116 of the | |
Sentencing Act at any time, or | |
(i) in the case of a prisoner to whom a direction under section 220 relates, | |
the interval between the date on which the sentence was passed and the | |
date on which the prisoner will have served the requisite custodial | 20 |
period is less than 14 days. | |
(4) The Secretary of State may by order— | |
(a) repeal the words “aged 18 or over” in subsection (1), | |
(b) amend the number of days for the time being specified in subsection | |
(1), | 25 |
(c) amend the number of weeks for the time being specified in subsection | |
(2)(a) or (b)(i), | |
(d) amend the fraction for the time being specified in subsection (2)(b)(ii), | |
and | |
(e) amend the number of days for the time being specified in subsection | 30 |
(3)(i). | |
(5) In this section “the requisite custodial period” has the same meaning as in | |
section 224. | |
226 Release on licence of prisoner serving extended sentence under section 207 or | |
208 | 35 |
(1) This section applies to a prisoner who is serving an extended sentence imposed | |
under section 207 or 208. | |
(2) After the prisoner has served one-half of the appropriate custodial term, the | |
Secretary of State may, if recommended to do so by the Board, release the | |
prisoner on licence. | 40 |
(3) After the prisoner has served the whole of the appropriate custodial term, the | |
Secretary of State must release the prisoner on licence unless the prisoner has | |
previously been recalled under section 232. | |
(4) Where a prisoner to whom this section applies is released on a licence, the | |
Secretary of State may not by virtue of section 229(3)(b) include, or | 45 |
subsequently insert, a condition in the licence, or vary or cancel a condition in | |
the licence, except after consultation with the Board. | |
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(5) For the purposes of subsection (4), the Secretary of State is to be treated as | |
having consulted the Board about a proposal to include, insert, vary or cancel | |
a condition in any case if he has consulted the Board about the implementation | |
of proposals of that description generally or in that class of case. | |
(6) In this section “the appropriate custodial term” means the period determined | 5 |
by the court as the appropriate custodial term under section 207 or 208. | |
227 Power to release prisoners on compassionate grounds | |
(1) The Secretary of State may at any time release a fixed-term prisoner on licence | |
if he is satisfied that exceptional circumstances exist which justify the | |
prisoner’s release on compassionate grounds. | 10 |
(2) Before releasing under this section a prisoner to whom section 226 applies, the | |
Secretary of State must consult the Board, unless the circumstances are such as | |
to render such consultation impracticable. | |
228 Duration of licence | |
(1) Subject to subsections (2) and (3), where a fixed-term prisoner is released on | 15 |
licence, the licence shall, subject to any revocation under section 232 or 233, | |
remain in force for the remainder of his sentence. | |
(2) Where a prisoner with respect to whom an intermittent custody order has | |
effect is released on licence under section 224, the licence shall, subject to any | |
revocation under section 232, remain in force— | 20 |
(a) until the time when he is required to return to prison at the beginning | |
of the next custodial period of the sentence, or | |
(b) where it is granted at the end of the last custodial period, for the | |
remainder of his sentence. | |
(3) Subsection (1) has effect subject to sections 237(2) (concurrent terms) and 238(3) | 25 |
and (4) (consecutive terms). | |
(4) In subsection (2) “custodial period”, in relation to a sentence to which an | |
intermittent custody order relates, means any period which is not a licence | |
period as defined by 165(3). | |
229 Licence conditions | 30 |
(1) In this section— | |
(a) “the standard conditions” means such conditions as may be prescribed | |
for the purposes of this section as standard conditions, and | |
(b) “prescribed” means prescribed by the Secretary of State by order. | |
(2) Subject to subsection (5), any licence under this Chapter in respect of a prisoner | 35 |
serving one or more sentences of imprisonment of less than twelve months and | |
no sentence of twelve months or more— | |
(a) must include— | |
(i) the conditions required by the relevant court order, and | |
(ii) so far as not inconsistent with them, the standard conditions, | 40 |
and | |
(b) may also include any condition which is authorised by section 62 of the | |
Criminal Justice and Court Services Act 2000 (c. 43) (electronic | |
| |
| |
|
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| |
(b) monitoring) or section 64 of that Act (drug testing requirements) and | |
which is compatible with the conditions required by the relevant court | |
order. | |
(3) Any licence under this Chapter in respect of a prisoner serving a sentence of | |
imprisonment for a term of twelve months (including such a sentence imposed | 5 |
under section 207) or more or any sentence of detention under section 91 of the | |
Sentencing Act or section 208 of this Act— | |
(a) must include the standard conditions, and | |
(b) may include— | |
(i) any condition authorised by section 62 or 64 of the Criminal | 10 |
Justice and Court Services Act 2000 (c. 43), and | |
(ii) such other conditions of a kind prescribed by the Secretary of | |
State for the purposes of this paragraph as the Secretary of State | |
may for the time being specify in the licence. | |
(4) A licence under section 225 must also include a curfew condition complying | 15 |
with section 231. | |
(5) Where— | |
(a) a licence under section 225 is granted to a prisoner serving one or more | |
sentences of imprisonment of less than 12 months and no sentence of 12 | |
months or more, and | 20 |
(b) the relevant court order requires the licence to be granted subject to a | |
condition requiring his compliance with a curfew requirement (as | |
defined by section 184), | |
that condition is not to be included in the licence until the curfew condition | |
complying with section 231 has ceased to be in force. | 25 |
(6) The preceding provisions of this section have effect subject to section 237(3) | |
(concurrent terms) and section 238(3) and (4) (consecutive terms). | |
(7) In exercising his powers to prescribe standard conditions or the other | |
conditions referred to in subsection (3)(b)(ii), the Secretary of State must have | |
regard to the following purposes of the supervision of offenders while on | 30 |
licence under this Chapter— | |
(a) the protection of the public, | |
(b) the prevention of re-offending, and | |
(c) securing the successful re-integration of the prisoner into the | |
community. | 35 |
230 Duty to comply with licence conditions | |
A person subject to a licence under this Chapter must comply with such | |
conditions as may for the time being be specified in the licence. | |
231 Curfew condition to be included in licence under section 225 | |
(1) For the purposes of this Chapter, a curfew condition is a condition which— | 40 |
(a) requires the released person to remain, for periods for the time being | |
specified in the condition, at a place for the time being so specified | |
(which may be premises approved by the Secretary of State under | |
section 9 of the Criminal Justice and Court Services Act 2000 (c. 43)), | |
and | 45 |
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|
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(b) includes requirements for securing the electronic monitoring of his | |
whereabouts during the periods for the time being so specified. | |
(2) The curfew condition may specify different places or different periods for | |
different days, but may not specify periods which amount to less than 9 hours | |
in any one day (excluding for this purpose the first and last days of the period | 5 |
for which the condition is in force). | |
(3) The curfew condition is to remain in force until the date when the released | |
person would (but for his release) fall to be released on licence under section | |
224. | |
(4) The curfew condition must include provision for making a person responsible | 10 |
for monitoring the released person’s whereabouts during the periods for the | |
time being specified in the condition; and a person who is made so responsible | |
shall be of a description specified in an order made by the Secretary of State. | |
(5) Nothing in this section is to be taken to require the Secretary of State to ensure | |
that arrangements are made for the electronic monitoring of released persons’ | 15 |
whereabouts in any particular part of England and Wales. | |
Recall after release | |
232 Recall of prisoners while on licence | |
(1) The Secretary of State may, in the case of any prisoner who has been released | |
on licence under this Chapter, revoke his licence and recall him to prison. | 20 |
(2) A person recalled to prison under subsection (1)— | |
(a) may make representations in writing with respect to his recall, and | |
(b) on his return to prison, must be informed of the reasons for his recall | |
and of his right to make representations. | |
(3) The Secretary of State must refer to the Board the case of a person recalled | 25 |
under subsection (1). | |
(4) Where on a reference under subsection (3) relating to any person the Board | |
recommends his immediate release on licence under this Chapter, the | |
Secretary of State must give effect to the recommendation. | |
(5) On the revocation of the licence of any person under this section, he shall be | 30 |
liable to be detained in pursuance of his sentence and, if at large, is to be treated | |
as being unlawfully at large. | |
(6) Nothing in subsections (2) to (5) applies in relation to a person recalled under | |
section 233. | |
233 Recall of prisoners released early under s. 225 | 35 |
(1) If it appears to the Secretary of State, as regards a person released on licence | |
under section 225— | |
(a) that he has failed to comply with any condition included in his licence, | |
or | |
(b) that his whereabouts can no longer be electronically monitored at the | 40 |
place for the time being specified in the curfew condition included in | |
his licence, | |
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|
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| |
the Secretary of State may, if the curfew condition is still in force, revoke the | |
licence and recall the person to prison under this section. | |
(2) A person whose licence under section 225 is revoked under this section— | |
(a) may make representations in writing with respect to the revocation, | |
and | 5 |
(b) on his return to prison, must be informed of the reasons for the | |
revocation and of his right to make representations. | |
(3) The Secretary of State, after considering any representations under subsection | |
(2)(b) or any other matters, may cancel a revocation under this section. | |
(4) Where the revocation of a person’s licence is cancelled under subsection (3), the | 10 |
person is to be treated for the purposes of section 225 as if he had not been | |
recalled to prison under this section. | |
(5) On the revocation of a person’s licence under section 225, he is liable to be | |
detained in pursuance of his sentence and, if at large, is to be treated as being | |
unlawfully at large. | 15 |
234 Further release after recall | |
(1) Where on a reference under section 232(3) in relation to any person, the Board | |
does not recommend his immediate release on licence under this Chapter, the | |
Board must either— | |
(a) fix a date for the person’s release on licence, or | 20 |
(b) fix a date as the date for the next review of the person’s case by the | |
Board. | |
(2) Any date fixed under subsection (1)(a) or (b) must not be later than the first | |
anniversary of the date on which the decision is taken. | |
(3) The Board need not fix a date under subsection (1)(a) or (b) if the prisoner will | 25 |
fall to be released unconditionally at any time within the next 12 months. | |
(4) Where the Board has fixed a date under subsection (1)(a), it is the duty of the | |
Secretary of State to release him on licence on that date. | |
(5) On a review required by subsection (1)(b) in relation to any person, the Board | |
may— | 30 |
(a) recommend his immediate release on licence, or | |
(b) fix a date under (1)(a) or (b). | |
Additional days | |
235 Additional days for disciplinary offences | |
(1) Prison rules , that is to say, rules made under section 47 of the Prison Act 1952 | 35 |
(c. 52), may include provision for the award of additional days— | |
(a) to fixed-term prisoners, or | |
(b) conditionally on their subsequently becoming such prisoners, to | |
persons on remand, | |
who (in either case) are guilty of disciplinary offences. | 40 |
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(2) Where additional days are awarded to a fixed-term prisoner, or to a person on | |
remand who subsequently becomes such a prisoner, and are not remitted in | |
accordance with prison rules— | |
(a) any period which he must serve before becoming entitled to or eligible | |
for release under this Chapter, and | 5 |
(b) any period for which a licence granted to him under this Chapter | |
remains in force, | |
is extended by the aggregate of those additional days. | |
Persons liable to removal from United Kingdom | |
236 Persons liable to removal from the United Kingdom | 10 |
(1) In relation to a prisoner to whom section 226 applies and who is liable to | |
removal from the United Kingdom, subsection (2) of that section has effect as | |
if the words “if recommended to do so by the Board” were omitted. | |
(2) For the purposes of this Part, a person is liable to removal from the United | |
Kingdom if— | 15 |
(a) he is liable to deportation under section 3(5) of the Immigration Act | |
1971 (c. 77) and has been notified of a decision to make a deportation | |
order against him, | |
(b) he is liable to deportation under section 3(6) of that Act, | |
(c) he has been notified of a decision to refuse him leave to enter the United | 20 |
Kingdom, or | |
(d) he is an illegal entrant within the meaning of section 33(1) of that Act, or | |
(e) he is liable to removal under section 10 of the Immigration and Asylum | |
Act 1999 (c. 33). | |
Consecutive or concurrent terms | 25 |
237 Concurrent terms | |
(1) This section applies where— | |
(a) a person (“the offender”) has been sentenced by any court to two or | |
more terms of imprisonment which are wholly or partly concurrent, | |
and | 30 |
(b) the sentences were passed on the same occasion or, where they were | |
passed on different occasions, the person has not been released under | |
this Chapter at any time during the period beginning with the first and | |
ending with the last of those occasions. | |
(2) Where this section applies— | 35 |
(a) nothing in this Chapter requires the Secretary of State to release the | |
offender in respect of any of the terms unless and until he is required to | |
release him in respect of each of the others, | |
(b) section 224 does not authorise the Secretary of State to release him on | |
licence under that section in respect of any of the terms unless and until | 40 |
that section authorises the Secretary of State to do so in respect of each | |
of the others, | |
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(c) on and after his release under this Chapter the offender is to be on | |
licence for so long, and subject to such conditions, as is required by this | |
Chapter in respect of any of the sentences. | |
(3) Where the sentences include one or more sentences of twelve months or more | |
and one or more sentences of less than twelve months, the terms of the licence | 5 |
may be determined by the Secretary of State in accordance with section | |
229(3)(b), without regard to the requirements of any custody plus order or | |
intermittent custody order. | |
(4) In this section “term of imprisonment” includes a determinate sentence of | |
detention under section 91 of the Sentencing Act or under section 208 of this | 10 |
Act. | |
238 Consecutive terms | |
(1) This section applies where— | |
(a) a person (“the offender”) has been sentenced to two or more terms of | |
imprisonment which are to be served consecutively on each other, and | 15 |
(b) the sentences were passed on the same occasion or, where they were | |
passed on different occasions, the person has not been released under | |
this Chapter at any time during the period beginning with the first and | |
ending with the last of those occasions. | |
(2) Nothing in this Chapter requires the Secretary of State to release the offender | 20 |
on licence until he has served a period equal in length to the aggregate of the | |
length of the custodial periods in relation to each of the terms of imprisonment. | |
(3) Where any of the terms of imprisonment is a term of twelve months or more, | |
the offender is, on and after his release under this Chapter, to be on licence— | |
(a) until he would, but for his release, have served a term equal in length | 25 |
to the aggregate length of the terms of imprisonment, and | |
(b) subject to such conditions as are required by this Chapter in respect of | |
each of those terms of imprisonment. | |
(4) Where each of the terms of imprisonment is a term of less than twelve months, | |
the offender is, on and after his release under this Chapter, to be on licence until | 30 |
the relevant time, and subject to such conditions are are required by this | |
Chapter in respect of any of the terms of imprisonment, and none of the terms | |
is to be regarded for any purpose as continuing after the relevant time. | |
(5) In subsection (4) “the relevant time” means the time when the offender would, | |
but for his release, have served a term equal in length to the aggregate of— | 35 |
(a) all the custodial periods in relation to the terms of imprisonment, and | |
(b) the longest of the licence periods in relation to those terms. | |
(6) In this section— | |
(a) “custodial period”— | |
(i) in relation to an extended sentence imposed under section 207 | 40 |
or 208, means the appropriate custodial term determined under | |
that section, | |
(ii) in relation to a term of twelve months or more, means one-half | |
of the term, and | |
(iii) in relation to a term of less than twelve months complying with | 45 |
section 163, means the custodial period as defined by subsection | |
(3)(a) of that section; | |
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