Part 12Sentencing

Chapter 6 Release, licences, supervision and recall

Supplemental

267Alteration by order of relevant proportion of sentence

The Secretary of State may by order provide that any reference in F1section 243A(3)(a), section 244(3)(a), section 247(2) or F2section 264(6)(d) to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.

F3267AApplication of Chapter 6 to pre-4 April 2005 cases

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.

F4267BModification of Chapter 6 in certain transitional cases

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.

F5267CFixed-term prisoners also serving life sentence

(1)

This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.

(2)

Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.

(3)

Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—

(a)

refer the prisoner’s case to the Board, or

(b)

release the prisoner.

(4)

The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.

(5)

The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require.

(6)

In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.

268Interpretation of Chapter 6

F6(1)

In this Chapter —

“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);

“the Board” means the Parole Board;

F7“fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) F8(as extended by section 237(1B));

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10“offender subject to supervision under this Chapter” means a person who is subject to supervision requirements under section 256AA or 256B;

“prison” and “prisoner” are to be read in accordance with section 237(2);

F10“supervision default order” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;

F10“the supervision period”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as appropriate);

F10“the supervisor”—

(a)

in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section, and

(b)

in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section;

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(1A)

In this Chapter, “the requisite custodial period” means F12(except where it has the meaning given by section 247A(8)) —

(a)

in relation to a person serving an extended sentence imposed under section 226A or 226B F13or under section 254, 266 or 279 of the Sentencing Code, the requisite custodial period for the purposes of section 246A;

(b)

in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c)

in relation to a person serving a sentence imposed under section 236A F14or under section 265 or 278 of the Sentencing Code, the requisite custodial period for the purposes of section 244A;

F15(ca)

in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;

(d)

in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A F16, 244 or 244ZA (as appropriate).

F17(2)

For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.