C2C6Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C2

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C6

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

C1C3C5C4C7Chapter 6F1 Release, licencesF3, supervision and recall

Annotations:
Amendments (Textual)
F3

Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)
C1

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Release on licence

246AC5C4C7F2Release on licence of prisoners serving extended sentence under F7section 254, 266 or 279 of the Sentencing Code etc

1

This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B F8or under section 254, 266 or 279 of the Sentencing CodeF6, other than a prisoner to whom section 247A applies.

2

It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section F5if—

a

the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

b

the appropriate custodial term is less than 10 years, and

c

the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.

3

F4In any other case, it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).

4

The Secretary of State must refer P's case to the Board—

a

as soon as P has served the requisite custodial period, and

b

where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

5

It is the duty of the Secretary of State to release P on licence under this section as soon as—

a

P has served the requisite custodial period, and

b

the Board has directed P's release under this section.

6

The Board must not give a direction under subsection (5) unless—

a

the Secretary of State has referred P's case to the Board, and

b

the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.

F106A

Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P.

7

It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).

8

For the purposes of this section—

  • “appropriate custodial term” means the term determined as such by the court under section 226A or 226B F9or under section 254, 266 or 279 of the Sentencing Code (as appropriate);

  • “the requisite custodial period” means—

    1. a

      in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and

    2. b

      in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F11264(2B), (2D) or (2E).