Crime (Sentences) Act 1997

11 Award of early release days for good behaviour

(1) This section applies where a prisoner is serving a sentence of imprisonment for a term of more than two months and less than three years.

(2) For each initial assessment period, the prescribed person may award the prisoner such number of early release days, not exceeding twelve, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has attained the prescribed minimum standard.

(3) For each subsequent assessment period, the prescribed person may award the prisoner—

(a) such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has attained the prescribed minimum standard; and

(b) such number of such days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has exceeded that standard.

(4) Where at any time this section applies in place of section 12, 28 or 29 below because a sentence is set aside or varied on appeal, then, for each assessment period for the purposes of this section beginning before that time, the prescribed person shall assume, for the purposes of subsection (2) or (3) above, that the prisoner’s behaviour was such as to entitle him to the maximum number of early release days available under that subsection.

(5) Where any early release days are awarded to a prisoner, any period which he must serve before becoming entitled to be released shall be reduced by the aggregate of those days; but nothing in this subsection shall entitle a prisoner to be released on the basis of an award before the day after that on which the award is made.

(6) Prison rules may—

(a) require determinations under this section to be made at prescribed times, and to be notified to the prisoners concerned in the prescribed manner; and

(b) make provision for enabling prisoners to appeal against such determinations to prescribed persons.

(7) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such amendments as may be specified in the order; but no amendment so specified shall reduce—

(a) the number of days specified in subsection (2) or (3)(a); or

(b) the total number of days specified in subsection (3).

(8) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section, in relation to a prisoner—

• “assessment period” means—

  (a)

  the period of two months beginning with the day on which he was sentenced; and

  (b)

  each successive period of two months ending before his release;

• “initial assessment period” means an assessment period beginning less than twelve months after the day on which he was sentenced and “subsequent assessment period” shall be construed accordingly.