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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    138

 

           (a)           he is liable to deportation under section 3(5) of the Immigration Act

1971 (c. 77) and has been notified of a decision to make a deportation

order against him,

           (b)           he is liable to deportation under section 3(6) of that Act,

           (c)           he has been notified of a decision to refuse him leave to enter the United

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Kingdom,

           (d)           he is an illegal entrant within the meaning of section 33(1) of that Act, or

           (e)           he is liable to removal under section 10 of the Immigration and Asylum

Act 1999 (c. 33).

     (6)    The Secretary of State may by order—

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           (a)           repeal the words “aged 18 or over” in subsection (1),

           (b)           amend the number of days for the time being specified in subsection (1)

(a) or (b), (3) or (4)(h),

           (c)           amend the number of weeks for the time being specified in subsection

(2)(a) or (b)(i), and

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           (d)           amend the fraction for the time being specified in subsection (2)(b)(ii)

or (3)(b)(ii).

     (7)    In this section—

                    “the required custodial days”, in relation to a person serving a sentence of

intermittent custody, means—

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                  (a)                 the number of custodial days specified under section 176, or

                  (b)                 in the case of two or more sentences of intermittent custody, the

aggregate of the numbers so specified;

                    “the requisite custodial period” in relation to a person serving any

sentence other than a sentence of intermittent custody, has the meaning

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given by paragraph (a), (b) or (d) of section 235(3);

                      “sentence of intermittent custody” means a sentence to which an

intermittent custody order relates.

 237   Release on licence of prisoner serving extended sentence under section 218 or

219

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     (1)    This section applies to a prisoner who is serving an extended sentence imposed

under section 218 or 219.

     (2)    As soon as—

           (a)           a prisoner to whom this section applies has served one-half of the

appropriate custodial term, and

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           (b)           the Parole Board has directed his release under this section,

            it is the duty of the Secretary of State to release him on licence.

     (3)    The Parole Board may not give a direction under subsection (2) unless the

Board is satisfied that it is no longer necessary for the protection of the public

that the prisoner should be confined.

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     (4)    As soon as a prisoner to whom this section applies has served the appropriate

custodial term, it is the duty of the Secretary of State to release him on licence

unless the prisoner has previously been recalled under section 243.

     (5)    Where a prisoner to whom this section applies is released on a licence, the

Secretary of State may not by virtue of section 240(4)(b) include, or

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

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subsequently insert, a condition in the licence, or vary or cancel a condition in

the licence, except after consultation with the Board.

     (6)    For the purposes of subsection (5), the Secretary of State is to be treated as

having consulted the Board about a proposal to include, insert, vary or cancel

a condition in any case if he has consulted the Board about the implementation

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of proposals of that description generally or in that class of case.

     (7)    In this section “the appropriate custodial term” means the period determined

by the court as the appropriate custodial term under section 218 or 219.

 238   Power to release prisoners on compassionate grounds

     (1)    The Secretary of State may at any time release a fixed-term prisoner on licence

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if he is satisfied that exceptional circumstances exist which justify the

prisoner’s release on compassionate grounds.

     (2)    Before releasing under this section a prisoner to whom section 237 applies, the

Secretary of State must consult the Board, unless the circumstances are such as

to render such consultation impracticable.

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 239   Duration of licence

     (1)    Subject to subsections (2) and (3), where a fixed-term prisoner is released on

licence, the licence shall, subject to any revocation under section 243 or 244,

remain in force for the remainder of his sentence.

     (2)    Where a prisoner with respect to whom an intermittent custody order has

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effect is released on licence under section 235, the licence shall, subject to any

revocation under section 243, remain in force—

           (a)           until the time when he is required to return to prison at the beginning

of the next custodial period of the sentence, or

           (b)           where it is granted at the end of the last custodial period, for the

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remainder of his sentence.

     (3)    Subsection (1) has effect subject to sections 248(2) (concurrent terms) and 249(3)

and (4) (consecutive terms).

     (4)    In subsection (2) “custodial period”, in relation to a sentence to which an

intermittent custody order relates, means any period which is not a licence

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period as defined by 176(3).

 240   Licence conditions

     (1)    In this section—

           (a)           “the standard conditions” means such conditions as may be prescribed

for the purposes of this section as standard conditions, and

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           (b)           “prescribed” means prescribed by the Secretary of State by order.

     (2)    Subject to subsection (6), any licence under this Chapter in respect of a prisoner

serving one or more sentences of imprisonment of less than twelve months and

no sentence of twelve months or more—

           (a)           must include—

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                  (i)                 the conditions required by the relevant court order, and

                  (ii)                so far as not inconsistent with them, the standard conditions,

and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    140

 

           (b)           may also include any condition which is authorised by section 62 of the

Criminal Justice and Court Services Act 2000 (c. 43) (electronic

monitoring) or section 64 of that Act (drug testing requirements) and

which is compatible with the conditions required by the relevant court

order.

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     (3)    For the purposes of subsection (2)(a)(i), any reference in the relevant court

order to the licence period specified in the order is, in relation to a prohibited

activity requirement, exclusion requirement, residence requirement or

supervision requirement, to be taken to include a reference to any other period

during which the prisoner is released on licence under section 236 or 238.

10

     (4)    Any licence under this Chapter in respect of a prisoner serving a sentence of

imprisonment for a term of twelve months or more (including such a sentence

imposed under section 218) or any sentence of detention under section 91 of the

Sentencing Act or section 219 of this Act—

           (a)           must include the standard conditions, and

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           (b)           may include—

                  (i)                 any condition authorised by section 62 or 64 of the Criminal

Justice and Court Services Act 2000, and

                  (ii)                such other conditions of a kind prescribed by the Secretary of

State for the purposes of this paragraph as the Secretary of State

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may for the time being specify in the licence.

     (5)    A licence under section 236 must also include a curfew condition complying

with section 242.

     (6)    Where—

           (a)           a licence under section 236 is granted to a prisoner serving one or more

25

sentences of imprisonment of less than 12 months and no sentence of 12

months or more, and

           (b)           the relevant court order requires the licence to be granted subject to a

condition requiring his compliance with a curfew requirement (as

defined by section 195),

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            that condition is not to be included in the licence until the curfew condition

complying with section 242 has ceased to be in force.

     (7)    The preceding provisions of this section have effect subject to section 248(3)

(concurrent terms) and section 249(3) and (4) (consecutive terms).

     (8)    In exercising his powers to prescribe standard conditions or the other

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conditions referred to in subsection (4)(b)(ii), the Secretary of State must have

regard to the following purposes of the supervision of offenders while on

licence under this Chapter—

           (a)           the protection of the public,

           (b)           the prevention of re-offending, and

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           (c)           securing the successful re-integration of the prisoner into the

community.

 241   Duty to comply with licence conditions

A person subject to a licence under this Chapter must comply with such

conditions as may for the time being be specified in the licence.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

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 242   Curfew condition to be included in licence under section 236

     (1)    For the purposes of this Chapter, a curfew condition is a condition which—

           (a)           requires the released person to remain, for periods for the time being

specified in the condition, at a place for the time being so specified

(which may be premises approved by the Secretary of State under

5

section 9 of the Criminal Justice and Court Services Act 2000 (c. 43)),

and

           (b)           includes requirements for securing the electronic monitoring of his

whereabouts during the periods for the time being so specified.

     (2)    The curfew condition may specify different places or different periods for

10

different days, but may not specify periods which amount to less than 9 hours

in any one day (excluding for this purpose the first and last days of the period

for which the condition is in force).

     (3)    The curfew condition is to remain in force until the date when the released

person would (but for his release) fall to be released on licence under section

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235.

     (4)    Subsection (3) does not apply in relation to a released person to whom an

intermittent custody order relates; and in relation to such a person the curfew

condition is to remain in force until the number of days during which it has

been in force is equal to the number of the required custodial days, as defined

20

in section 236(7), that remained to be served at the time when he was released

under section 236.

     (5)    The curfew condition must include provision for making a person responsible

for monitoring the released person’s whereabouts during the periods for the

time being specified in the condition; and a person who is made so responsible

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shall be of a description specified in an order made by the Secretary of State.

     (6)    Nothing in this section is to be taken to require the Secretary of State to ensure

that arrangements are made for the electronic monitoring of released persons’

whereabouts in any particular part of England and Wales.

Recall after release

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 243   Recall of prisoners while on licence

     (1)    The Secretary of State may, in the case of any prisoner who has been released

on licence under this Chapter, revoke his licence and recall him to prison.

     (2)    A person recalled to prison under subsection (1)—

           (a)           may make representations in writing with respect to his recall, and

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           (b)           on his return to prison, must be informed of the reasons for his recall

and of his right to make representations.

     (3)    The Secretary of State must refer to the Board the case of a person recalled

under subsection (1).

     (4)    Where on a reference under subsection (3) relating to any person the Board

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recommends his immediate release on licence under this Chapter, the

Secretary of State must give effect to the recommendation.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

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     (5)    On the revocation of the licence of any person under this section, he shall be

liable to be detained in pursuance of his sentence and, if at large, is to be treated

as being unlawfully at large.

     (6)    Nothing in subsections (2) to (5) applies in relation to a person recalled under

section 244.

5

 244   Recall of prisoners released early under s. 236

     (1)    If it appears to the Secretary of State, as regards a person released on licence

under section 236

           (a)           that he has failed to comply with any condition included in his licence,

or

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           (b)           that his whereabouts can no longer be electronically monitored at the

place for the time being specified in the curfew condition included in

his licence,

            the Secretary of State may, if the curfew condition is still in force, revoke the

licence and recall the person to prison under this section.

15

     (2)    A person whose licence under section 236 is revoked under this section—

           (a)           may make representations in writing with respect to the revocation,

and

           (b)           on his return to prison, must be informed of the reasons for the

revocation and of his right to make representations.

20

     (3)    The Secretary of State, after considering any representations under subsection

(2)(b) or any other matters, may cancel a revocation under this section.

     (4)    Where the revocation of a person’s licence is cancelled under subsection (3), the

person is to be treated for the purposes of section 236 as if he had not been

recalled to prison under this section.

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     (5)    On the revocation of a person’s licence under section 236, he is liable to be

detained in pursuance of his sentence and, if at large, is to be treated as being

unlawfully at large.

 245   Further release after recall

     (1)    Where on a reference under section 243(3) in relation to any person, the Board

30

does not recommend his immediate release on licence under this Chapter, the

Board must either—

           (a)           fix a date for the person’s release on licence, or

           (b)           fix a date as the date for the next review of the person’s case by the

Board.

35

     (2)    Any date fixed under subsection (1)(a) or (b) must not be later than the first

anniversary of the date on which the decision is taken.

     (3)    The Board need not fix a date under subsection (1)(a) or (b) if the prisoner will

fall to be released unconditionally at any time within the next 12 months.

     (4)    Where the Board has fixed a date under subsection (1)(a), it is the duty of the

40

Secretary of State to release him on licence on that date.

     (5)    On a review required by subsection (1)(b) in relation to any person, the Board

may—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    143

 

           (a)           recommend his immediate release on licence, or

           (b)           fix a date under subsection (1)(a) or (b).

Additional days

 246   Additional days for disciplinary offences

     (1)    Prison rules, that is to say, rules made under section 47 of the Prison Act 1952

5

(c. 52), may include provision for the award of additional days—

           (a)           to fixed-term prisoners, or

           (b)           conditionally on their subsequently becoming such prisoners, to

persons on remand,

            who (in either case) are guilty of disciplinary offences.

10

     (2)    Where additional days are awarded to a fixed-term prisoner, or to a person on

remand who subsequently becomes such a prisoner, and are not remitted in

accordance with prison rules—

           (a)           any period which he must serve before becoming entitled to or eligible

for release under this Chapter, and

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           (b)           any period for which a licence granted to him under this Chapter

remains in force,

            is extended by the aggregate of those additional days.

Fine defaulters and contemnors

 247   Early release of fine defaulters and contemnors

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     (1)    This section applies in relation to a person committed to prison—

           (a)           in default of payment of a sum adjudged to be paid by a conviction, or

           (b)           for contempt of court or any kindred offence.

     (2)    As soon as a person to whom this section applies has served one-half of the

term for which he was committed, it is the duty of the Secretary of State to

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release him unconditionally.

     (3)    Where a person to whom this section applies is also serving one or more

sentences of imprisonment, nothing in this section requires the Secretary of

State to release him until he is also required to release him in respect of that

sentence or each of those sentences.

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     (4)    The Secretary of State may at any time release unconditionally a person to

whom this section applies if he is satisfied that exceptional circumstances exist

which justify the person’s release on compassionate grounds.

Consecutive or concurrent terms

 248   Concurrent terms

35

     (1)    This section applies where—

           (a)           a person (“the offender”) has been sentenced by any court to two or

more terms of imprisonment which are wholly or partly concurrent,

and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

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           (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.

     (2)    Where this section applies—

5

           (a)           nothing in this Chapter requires the Secretary of State to release the

offender in respect of any of the terms unless and until he is required to

release him in respect of each of the others,

           (b)           section 235 does not authorise the Secretary of State to release him on

licence under that section in respect of any of the terms unless and until

10

that section authorises the Secretary of State to do so in respect of each

of the others,

           (c)           on and after his release under this Chapter the offender is to be on

licence for so long, and subject to such conditions, as is required by this

Chapter in respect of any of the sentences.

15

     (3)    Where the sentences include one or more sentences of twelve months or more

and one or more sentences of less than twelve months, the terms of the licence

may be determined by the Secretary of State in accordance with section

240(4)(b), without regard to the requirements of any custody plus order or

intermittent custody order.

20

     (4)    In this section “term of imprisonment” includes a determinate sentence of

detention under section 91 of the Sentencing Act or under section 219 of this

Act.

 249   Consecutive terms

     (1)    This section applies where—

25

           (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

30

ending with the last of those occasions.

     (2)    Nothing in this Chapter requires the Secretary of State to release the offender

on licence 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.

     (3)    Where any of the terms of imprisonment is a term of twelve months or more,

35

the offender is, on and after his release under this Chapter, to be on licence—

           (a)           until he would, but for his release, have served a term equal in length

to the aggregate length of the terms of imprisonment, and

           (b)           subject to such conditions as are required by this Chapter in respect of

each of those terms of imprisonment.

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     (4)    Where each of the terms of imprisonment is a term of less than twelve months,

the offender is, on and after his release under this Chapter, to be on licence until

the relevant time, and subject to such conditions as are required by this

Chapter in respect of any of the terms of imprisonment, and none of the terms

is to be regarded for any purpose as continuing after the relevant time.

45

     (5)    In subsection (4) “the relevant time” means the time when the offender would,

but for his release, have served a term equal in length to the aggregate of—

 

 

 
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