Part 12Sentencing

Chapter 6 Release, licences, supervision and recall

Release on licence

244Duty to release prisoners

(1)

As soon as a fixed-term prisoner, other than a prisoner to whom section F1243AF2, 244AF3, 246A or 247 applies, has served the requisite custodial period F4for the purposes of this section, it is the duty of the Secretary of State to release him on licence under this section.

F5(1A)

Subsection (1) does not apply if the prisoner has been released on licence under section 246 F6or 248 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).

F7(2)

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(3)

F8For the purposes of this section “the requisite custodial period” means—

(a)

F9in relation to a prisoner serving one sentence, one-half of his sentence,

F10(b)

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F10(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

in relation to a person serving two or more concurrent or consecutive sentences F11... , the period determined under sections 263(2) and 264(2).

F12(4)

This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).