Legal Aid, Sentencing and Punishment of Offenders Act 2012

111 Prisoners serving less than 12 months

(1) After section 243 of the Criminal Justice Act 2003 insert—

“Unconditional release

243A Duty to release prisoners serving less than 12 months

(1) This section applies to a fixed-term prisoner who is serving a sentence which is for a term of less than twelve months.

(2) As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.

(3) For the purposes of this section “the requisite custodial period” is—

(a) in relation to a person serving a sentence of imprisonment for a term of less than twelve months or a determinate sentence of detention under section 91 or 96 of the Sentencing Act for such a term, one-half of the sentence, and

(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

(4) This section is subject to—

(a) section 256B (supervision of young offenders after release), and

(b) paragraph 8 of Schedule 20B (transitional cases).”

(2) Schedule 14 (amendments consequential on subsection (1)) has effect.