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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

    132

 

           (c)           the prisoner is subject to a hospital order, hospital direction or transfer

direction under section 37, 45A or 47 of the Mental Health Act 1983

(c. 20),

           (d)           the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or

10(1)(b) or (c) of Schedule 7 in a case where the prisoner has failed to

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comply with a curfew requirement of a community order,

           (e)           the prisoner is subject to the notification requirements of Part 1 of the

Sex Offenders Act 1997 (c. 51),

           (f)           the prisoner is liable to removal from the United Kingdom,

           (g)           the prisoner has been released on licence under this section during the

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currency of the sentence, and has been recalled to prison under section

237(1)(a),

           (h)           the prisoner has been released on licence under section 230 during the

currency of the sentence, and has been recalled to prison under section

236, or

15

           (i)           in the case of a prisoner to whom a direction under section 222 relates,

the interval between the date on which the sentence was passed and the

date on which the prisoner will have served the requisite custodial

period is less than 14 days or, where the sentence is one of intermittent

custody, the number of the required custodial days remaining to be

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served is less than 14.

     (5)    For the purposes of subsection (4)(f), a person is liable to removal from the

United Kingdom if—

           (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

25

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

Kingdom,

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

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           (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—

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

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

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

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

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

or (3)(b)(ii).

     (7)    In this section—

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

intermittent custody, means—

                  (a)                 the number of custodial days specified under section 165, or

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

aggregate of the numbers so specified;

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

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

given by paragraph (a), (b) or (d) of section 226(3);

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

intermittent custody order relates.

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Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

    133

 

 229   Release on licence of prisoner serving extended sentence under section 209 or

210

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

under section 209 or 210.

     (2)    As soon as—

5

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

appropriate custodial term, and

           (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

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

that the prisoner should be confined.

     (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 236.

15

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

Secretary of State may not by virtue of section 232(4)(b) include, or

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

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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

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 209 or 210.

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 230   Power to release prisoners on compassionate grounds

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

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 229 applies, the

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

to render such consultation impracticable.

 231   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 236 or 237,

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remain in force for the remainder of his sentence.

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

effect is released on licence under section 226, the licence shall, subject to any

revocation under section 236, remain in force—

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

40

of the next custodial period of the sentence, or

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

remainder of his sentence.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

    134

 

     (3)    Subsection (1) has effect subject to sections 241(2) (concurrent terms) and 242(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

period as defined by 165(3).

5

 232   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

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

10

     (2)    Subject to subsection (6) and section 233, 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—

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

15

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

and

           (b)           may also include—

                  (i)                 any condition which is authorised by section 62 of the Criminal

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

20

monitoring) or section 64 of that Act (drug testing

requirements) and which is compatible with the conditions

required by the relevant court order, and

                  (ii)                                    such other conditions of a kind prescribed for the purposes of

this paragraph as the Secretary of State may for the time being

25

consider to be necessary for the protection of the public and

specify in the licence.

     (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

30

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

during which the prisoner is released on licence under section 228 or 230.

     (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 209) or any sentence of detention under section 91 of the

35

Sentencing Act or section 210 of this Act—

           (a)           must include the standard conditions, and

           (b)           may include—

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

Justice and Court Services Act 2000 (c. 43), and

40

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

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

may for the time being specify in the licence.

     (5)    A licence under section 228 must also include a curfew condition complying

with section 235.

45

     (6)    Where—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

    135

 

           (a)           a licence under section 228 is granted to a prisoner serving one or more

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

5

defined by section 186),

            that condition is not to be included in the licence at any time while a curfew

condition required by section 235 is in force.

     (7)    The preceding provisions of this section have effect subject to section 241(3)

(concurrent terms) and section 242(3) and (4) (consecutive terms).

10

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

conditions referred to in subsection (2)(b)(ii) or (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,

15

           (b)           the prevention of re-offending, and

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

community.

 233   Licence conditions on re-release of prisoner serving sentence of less than 12

months

20

     (1)    In relation to any licence under this Chapter which is granted to a prisoner

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

no sentence of twelve months or more on his release in pursuance of a decision

of the Board under section 236 or 238, subsections (2) and (3) apply instead of

section 232(2).

25

     (2)    The licence—

           (a)           must include the standard conditions, and

           (b)           may include—

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

Justice and Court Services Act 2000 (c. 43), and

30

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

State for the purposes of section 232(4)(b)(ii) as the Secretary of

State may for the time being specify in the licence.

     (3)    In exercising his powers under subsection (2)(b)(ii), the Secretary of State must

have regard to the terms of the relevant court order.

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     (4)    In this section “the standard conditions” has the same meaning as in section

232.

 234   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.

40

 235   Curfew condition to be included in licence under section 228

     (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

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

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

section 9 of the Criminal Justice and Court Services Act 2000), 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

5

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

10

226.

     (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

15

in section 228(7), that remained to be served at the time when he was released

under section 228.

     (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

20

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

25

 236   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

30

           (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

35

recommends his immediate release on licence under this Chapter, the

Secretary of State must give effect to the recommendation.

     (5)    In the case of an intermittent custody prisoner who has not yet served in prison

the number of custodial days specified in the intermittent custody order, any

recommendation by the Board as to immediate release on licence is to be a

40

recommendation as to his release on licence until the end of one of the licence

periods specified by virtue of section 165(1)(b) in the intermittent custody

order.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

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     (6)    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.

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

section 237.

5

 237   Recall of prisoners released early under s. 228

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

under section 228

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

or

10

           (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 228 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 228 as if he had not been

recalled to prison under this section.

25

     (5)    On the revocation of a person’s licence under section 228, he is liable to be

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

unlawfully at large.

 238   Further release after recall

     (1)    Where on a reference under section 236(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 11 — Sentencing
Chapter 6 — Release on licence

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           (a)           recommend his immediate release on licence, or

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

Additional days

 239   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

15

           (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

 240   Early release of fine defaulters and contemnors

20

     (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

25

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.

30

     (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

 241   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

 

 

 
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