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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    124

 

 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

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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

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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

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           (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.

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     (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

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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

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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.

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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

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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.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    125

 

     (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

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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

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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.

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     (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.

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     (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

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           (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

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           (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

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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.

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     (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

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the Sentencing Act or section 210 of this Act as it applies to an equivalent

sentence of imprisonment.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    126

 

 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

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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

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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

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     (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

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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—

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           (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

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           (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

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     (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

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                  (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).

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    127

 

     (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—

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                    “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),

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                  (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

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                  (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;

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                      “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

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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.

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     (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

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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

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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—

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    128

 

           (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

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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—

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                  (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—

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                  (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

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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

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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

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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,

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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.

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     (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

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(2)(a) or (b)(i), and

           (d)           amend the fraction for the time being specified in subsection (2)(b)(ii)

or (3)(b)(ii).

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    129

 

     (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

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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

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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.

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     (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.

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     (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

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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.

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     (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

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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.

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     (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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