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221 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 | |
(b) to have the functions conferred on it by this Part in respect of fixed-term | 5 |
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 | |
matter referred to it by him which is to do with the early release or recall of | 10 |
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— | |
(a) any documents given to it by the Secretary of State, and | 15 |
(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 | |
the interview made by that member. | 20 |
(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 | |
rules with respect to the proceedings of the Board, including proceedings | 25 |
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 | |
under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the | 30 |
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. | |
(7) Schedule 16 shall have effect with respect to the Board. | 35 |
Effect of remand in custody | |
222 Crediting of periods of remand in custody: terms of imprisonment and | |
detention | |
(1) This section applies where— | |
(a) a court sentences an offender to imprisonment for a term in respect of | 40 |
an offence committed after the commencement of this section, and | |
(b) the offender has been remanded in custody (within the meaning given | |
by section 224) in connection with the offence or a related offence, that | |
is to say, any other offence the charge for which was founded on the | |
same facts or evidence. | 45 |
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(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. | |
(3) Subject to subsection (4), the court must direct that the number of days for | 5 |
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— | |
(i) a remand in custody which is wholly or partly concurrent with | 10 |
a sentence of imprisonment, or | |
(ii) sentences of imprisonment for consecutive terms or for terms | |
which are wholly or partly concurrent, or | |
(b) it is in the opinion of the court just in all the circumstances not to give a | |
direction under that subsection. | 15 |
(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, | |
and | |
(b) the number of days in relation to which the direction is given. | 20 |
(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— | |
(a) that its decision is in accordance with rules made under paragraph (a) | |
of subsection (4), or | 25 |
(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— | |
(a) is to be treated as a sentence of imprisonment when it takes effect under | |
paragraph 7(2)(a) or (b) of Schedule 10, and | 30 |
(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 | |
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 | 35 |
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 | |
released under this Chapter at any time during the period beginning | |
with the first and ending with the last of those occasions. | 40 |
(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 | |
those days. | |
(10) This section applies to a determinate sentence of detention under section 91 of | 45 |
the Sentencing Act or section 210 of this Act as it applies to an equivalent | |
sentence of imprisonment. | |
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223 Effect of direction under section 222 on release on licence | |
(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 222 relates— | |
(a) has served or would (but for his release) have served, a particular | 5 |
proportion of his sentence, or | |
(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 167 (intermittent custody) whether | 10 |
any part of a sentence to which an intermittent custody order relates is a licence | |
period, the number of custodial days, as defined by subsection (3) of that | |
section, is to be taken to be reduced by the number of days specified in a | |
direction under section 222. | |
224 Interpretation of sections 222 and 223 | 15 |
(1) For the purposes of sections 222 and 223, the definition of “sentence of | |
imprisonment” in section 259 applies as if for the words from the beginning of | |
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 | 20 |
adjudged to be paid on a conviction,”; | |
and references in those sections to sentencing an offender to imprisonment, | |
and to an offender’s sentence, are to be read accordingly. | |
(2) References in sections 222 and 223 to an offender’s being remanded in custody | |
are references to his being— | 25 |
(a) remanded in or committed to custody by order of a court, | |
(b) remanded or committed to local authority accommodation under | |
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 | 30 |
(c) remanded, admitted or removed to hospital under section 35, 36, 38 or | |
48 of the Mental Health Act 1983 (c. 20). | |
(3) In subsection (2), “secure accommodation” has the same meaning as in section | |
23 of the Children and Young Persons Act 1969. | |
225 Persons extradited to the United Kingdom | 35 |
(1) A fixed-term prisoner is an extradited prisoner for the purposes of this section | |
if— | |
(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 | 40 |
(ii) without having first been restored or had an opportunity of | |
leaving the United Kingdom, and | |
(b) he was for any period kept in custody while awaiting his extradition to | |
the United Kingdom as mentioned in paragraph (a). | |
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(2) In the case of an extradited prisoner, section 222 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 | |
offence the charge for which was founded on the same facts or evidence. | |
(3) In this section— | 5 |
“extradited to the United Kingdom” means returned to the United | |
Kingdom— | |
(a) in pursuance of extradition arrangements, | |
(b) under any law of a Commonwealth country corresponding to | |
the Extradition Act 1989 (c. 33), | 10 |
(c) under that Act as extended to a British overseas territory or | |
under any corresponding law of a British overseas territory, | |
(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 | 15 |
(e) in pursuance of arrangements with a foreign state in respect of | |
which an Order in Council under section 2 of the Extradition | |
Act 1870 is in force; | |
“extradition arrangements” has the meaning given by section 3 of the | |
Extradition Act 1989; | 20 |
“designated Commonwealth country” has the meaning given by section | |
5(1) of that Act. | |
Release on licence | |
226 Duty to release prisoners | |
(1) As soon as a fixed-term prisoner, other than a prisoner to whom section 228 | 25 |
applies, has served the requisite custodial period, it is the duty of the Secretary | |
of State to release him on licence under this section. | |
(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 234. | 30 |
(3) In this section “the requisite custodial period” means— | |
(a) in relation to a person serving a sentence of imprisonment for a term of | |
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 | 35 |
less than twelve months (other than one to which an intermittent | |
custody order relates), the custodial period within the meaning of | |
section 165, | |
(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 | 40 |
licence period as defined by section 167(3), and | |
(d) in relation to a person serving two or more concurrent or consecutive | |
sentences, the period determined under section 240(2) and 241(2). | |
227 Power to release prisoners on licence before required to do so | |
(1) Subject to subsections (2) to (4) the Secretary of State may— | 45 |
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(a) release on licence under this section a fixed-term prisoner aged 18 or | |
over, other than a prisoner serving a sentence of intermittent custody, | |
at any time during the period of 90 days ending with the day on which | |
the prisoner will have served the requisite custodial period, and | |
(b) release on licence under this section a prisoner serving a sentence of | 5 |
intermittent custody when 90 or less of the required custodial days | |
remain to be served. | |
(2) Subsection (1)(a) 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— | 10 |
(i) at least 6 weeks of his sentence, and | |
(ii) at least three-quarters of the requisite custodial period. | |
(3) Subsection (1)(b) does not apply in relation to a prisoner unless— | |
(a) the number of required custodial days is at least 56, and | |
(b) the prisoner has served— | 15 |
(i) at least 42 of those days, and | |
(ii) at least three-quarters of the total number of those days. | |
(4) Subsection (1) does not apply where— | |
(a) the sentence is imposed under section 209 or 210, | |
(b) the sentence is for an offence under section 1 of the Prisoners (Return to | 20 |
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), | |
(d) the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or | 25 |
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), | |
(f) the prisoner is liable to removal from the United Kingdom for the | 30 |
purposes of this Chapter, | |
(g) the prisoner has been released on licence under section 229 during the | |
currency of the sentence, and has been recalled to prison under section | |
234, or | |
(h) in the case of a prisoner to whom a direction under section 222 relates, | 35 |
the interval between the date on which the sentence was passed and the | |
date on which the prisoner will have served the requisite custodial | |
period is less than 14 days or, where the sentence is one of intermittent | |
custody, the number of the required custodial days remaining to be | |
served is less than 14. | 40 |
(5) 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) | |
(a) or (b), (3) or (4)(h), | |
(c) amend the number of weeks for the time being specified in subsection | 45 |
(2)(a) or (b)(i), and | |
(d) amend the fraction for the time being specified in subsection (2)(b)(ii) | |
or (3)(b)(ii). | |
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(6) In this section— | |
“the required custodial days”, in relation to a person serving a sentence of | |
intermittent custody, means— | |
(a) the number of custodial days specified under section 167, or | |
(b) in the case of two or more sentences of intermittent custody, the | 5 |
aggregate of the numbers so specified; | |
“the requisite custodial period” in relation to a person serving any | |
sentence other than a sentence of intermittent custody, has the meaning | |
given by paragraph (a), (b) or (d) of section 226(3); | |
“sentence of intermittent custody” means a sentence to which an | 10 |
intermittent custody order relates. | |
228 Release on licence of prisoner serving extended sentence under section 209 or | |
210 | |
(1) This section applies to a prisoner who is serving an extended sentence imposed | |
under section 209 or 210. | 15 |
(2) As soon as— | |
(a) a prisoner to whom this section applies has served one-half of the | |
appropriate custodial term, and | |
(b) the Parole Board has directed his release under this section, | |
it is the duty of the Secretary of State to release him on licence. | 20 |
(3) The Parole Board may not give a direction under subsection (2) unless the | |
Board is satisfied that it is no longer necessary for the protection of the public | |
that the prisoner should be confined. | |
(4) As soon as a prisoner to whom this section applies has served the appropriate | |
custodial term, it is the duty of the Secretary of State to release him on licence | 25 |
unless the prisoner has previously been recalled under section 234. | |
(5) Where a prisoner to whom this section applies is released on a licence, the | |
Secretary of State may not by virtue of section 231(4)(b) include, or | |
subsequently insert, a condition in the licence, or vary or cancel a condition in | |
the licence, except after consultation with the Board. | 30 |
(6) For the purposes of subsection (5), 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. | |
(7) In this section “the appropriate custodial term” means the period determined | 35 |
by the court as the appropriate custodial term under section 209 or 210. | |
229 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. | 40 |
(2) Before releasing under this section a prisoner to whom section 228 applies, the | |
Secretary of State must consult the Board, unless the circumstances are such as | |
to render such consultation impracticable. | |
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