C7C6Part 12Sentencing
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)
C1C3C5C2Chapter 6F6 Release, licencesF12, supervision and recall
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
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)
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)
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
Consecutive or concurrent terms
I1264Consecutive terms
1
This section applies where—
a
a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and
b
the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, F19...
F19c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Nothing in this Chapter requires the Secretary of State to release the offender F20... until he has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the terms of imprisonment.
F53B
The offender's release under this Chapter is to be unconditional if—
a
the aggregate length of the terms of imprisonment is less than 12 months, and
b
section 243A so requires in respect of each of the sentences,
but in any other case is to be on licence.
3C
If the offender is released on licence under this Chapter—
a
the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);
b
the offender is to be subject to supervision requirements under section 256AA if (and only if)—
i
section 256AA so requires in respect of one or more of the sentences, and
ii
the aggregate length of the terms of imprisonment is less than 2 years.
3D
If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).
3E
When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.
F174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175
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F36
In this section “custodial period”F8, except if subsection (6A) applies, means—
a
in relation to an extended sentence imposed under section 226A or 226B F18or under section 254, 266 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,
b
in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,
c
in relation to a sentence imposed under section 236A F2or under section 265 or 278 of the Sentencing Code, one-half of the appropriate custodial term determined by the court under that section, and
C4d
in relation to any other sentence, one-half of the sentence.
F76A
In this section “custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—
a
in relation to an extended sentence imposed under section 226A, 226B, 227 or F11228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section F14236A of this Act or section 265 or 278 of that Code, two-thirds of the appropriate custodial term determined by the court under that section;
b
in relation to any other sentence, two-thirds of the sentence.
7
F18
This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).
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