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Criminal Justice Bill


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

138

 

Release on licence

216     

Duty to release prisoners

(1)   

As soon as a fixed-term prisoner, other than a prisoner to whom section 219

applies, has served the requisite custodial period, it is the duty of the Secretary

of State to release him on licence under this section.

5

(2)   

Subsection (1) is subject to section 217.

(3)   

In this section “the requisite custodial period” means—

(a)   

in relation to a person serving a sentence of imprisonment for a term of

twelve months or more or any determinate sentence of detention under

section 91 of the Sentencing Act, one-half of his sentence (where that

10

sentence is less than four years), or two-thirds of his sentence (in any

other case),

(b)   

in relation to a person serving a sentence of imprisonment for a term of

less than twelve months (other than one to which an intermittent

custody order relates), the custodial period within the meaning of

15

section 153,

(c)   

in relation to a person serving a sentence of imprisonment to which an

intermittent custody order relates, any part of the term which is not a

licence period as defined by section 155(3), and

(d)   

in relation to a person serving two or more concurrent or consecutive

20

sentences, the period determined under sections 235(2) and 236(2).

217     

Restrictions on operation of section 216(1) in relation to intermittent custody

prisoners

(1)   

Where an intermittent custody prisoner returns to custody after being

unlawfully at large within the meaning of section 49 of the Prison Act 1952

25

(c. 52) at any time during the currency of his sentence, section 216(1) does not

apply until—

(a)   

the relevant time (as defined in subsection (2)), or

(b)   

if earlier, the date on which he has served in prison the number of

custodial days required by the intermittent custody order.

30

(2)   

In subsection (1)(a) “the relevant time” means—

(a)   

in a case where, within the period of 72 hours beginning with the return

to custody of the intermittent custody prisoner, the Secretary of State or

the responsible officer has applied to the court for the amendment of

the intermittent custody order under paragraph 6(1)(b) of Schedule 9,

35

the date on which the application is withdrawn or determined, and

(b)   

in any other case, the end of that 72-hour period.

(3)   

Section 216(1) does not apply in relation to an intermittent custody prisoner at

any time after he has been recalled under section 226, unless after his recall the

Board has directed his further release on licence.

40

218     

Power to release prisoners on licence before required to do so

(1)   

Subject to subsections (2) to (4), the Secretary of State may—

(a)   

release on licence under this section a fixed-term prisoner, other than

an intermittent custody prisoner, at any time during the period of 135

 

 

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

139

 

days ending with the day on which the prisoner will have served the

requisite custodial period, and

(b)   

release on licence under this section an intermittent custody prisoner

when 135 or less of the required custodial days remain to be served.

(2)   

Subsection (1)(a) does not apply in relation to a prisoner unless—

5

(a)   

the length of the requisite custodial period is at least 6 weeks,

(b)   

he has served—

(i)   

at least 4 weeks of his sentence, and

(ii)   

at least one-half of the requisite custodial period.

(3)   

Subsection (1)(b) does not apply in relation to a prisoner unless—

10

(a)   

the number of required custodial days is at least 42, and

(b)   

the prisoner has served—

(i)   

at least 28 of those days, and

(ii)   

at least one-half of the total number of those days.

(4)   

Subsection (1) does not apply where—

15

(a)   

the sentence is imposed under section 199 or 200,

(b)   

the sentence is for an offence under section 1 of the Prisoners (Return to

Custody) Act 1995 (c. 16),

(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

20

(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

comply with a curfew requirement of a community order,

(e)   

the prisoner is subject to the notification requirements of Part 2 of the

25

Sexual Offences Act 2003,

(f)   

the prisoner is liable to removal from the United Kingdom,

(g)   

the prisoner has been released on licence under this section during the

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

227(1)(a),

30

(h)   

the prisoner has been released on licence under section 220 during the

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

226, or

(i)   

in the case of a prisoner to whom a direction under section 212 relates,

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

35

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

served is less than 14.

(5)   

The Secretary of State may by order—

40

(a)   

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

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

(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)

45

or (3)(b)(ii).

(6)   

In this section—

 

 

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

140

 

   

“the required custodial days”, in relation to an intermittent custody

prisoner, means—

(a)   

the number of custodial days specified under section 155, or

(b)   

in the case of two or more sentences of intermittent custody, the

aggregate of the numbers so specified;

5

   

“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 216(3);

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

intermittent custody order relates.

10

219     

Release on licence of prisoner serving extended sentence under section 199 or

200

(1)   

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

under section 199 or 200.

(2)   

As soon as—

15

(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

20

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 226.

25

(5)   

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

Secretary of State may not by virtue of section 222(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

30

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 199 or 200.

35

220     

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 219 applies, the

40

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

to render such consultation impracticable.

 

 

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

141

 

221     

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 226 or 227,

remain in force for the remainder of his sentence.

(2)   

Where an intermittent custody prisoner is released on licence under section

5

216, the licence shall, subject to any revocation under section 226, 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

10

remainder of his sentence.

(3)   

Subsection (1) has effect subject to sections 235(2) (concurrent terms) and 236(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

15

period as defined by 155(3).

222     

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

20

(b)   

“prescribed” means prescribed by the Secretary of State by order.

(2)   

Subject to subsection (6) and section 223, 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—

25

(i)   

the conditions required by the relevant court order, and

(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

30

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, and

(ii)   

such other conditions of a kind prescribed for the purposes of

35

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

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

40

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 218 or 220.

(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

45

imposed under section 199) or any sentence of detention under section 91 of the

Sentencing Act or section 200 of this Act—

 

 

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

142

 

(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

(ii)   

such other conditions of a kind prescribed by the Secretary of

5

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 218 must also include a curfew condition complying

with section 225.

(6)   

Where—

10

(a)   

a licence under section 218 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

15

defined by section 176),

   

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

condition required by section 225 is in force.

(7)   

The preceding provisions of this section have effect subject to section 235(3)

(concurrent terms) and section 236(3) and (4) (consecutive terms).

20

(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,

25

(b)   

the prevention of re-offending, and

(c)   

securing the successful re-integration of the prisoner into the

community.

223     

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

months

30

(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 226 or 228, subsections (2) and (3) apply instead of

section 222(2).

35

(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

40

(ii)   

such other conditions of a kind prescribed by the Secretary of

State for the purposes of section 222(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.

45

 

 

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

143

 

(4)   

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

222.

224     

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.

5

225     

Curfew condition to be included in licence under section 218

(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

10

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

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

15

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

216.

20

(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

in section 218(6), that remained to be served at the time when he was released

25

under section 218.

(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

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

30

(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

226     

Recall of prisoners while on licence

35

(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

(b)   

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

40

and of his right to make representations.

 

 

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

144

 

(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

recommends his immediate release on licence under this Chapter, the

Secretary of State must give effect to the recommendation.

5

(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

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

periods specified by virtue of section 155(1)(b) in the intermittent custody

10

order.

(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

15

section 227.

227     

Recall of prisoners released early under s. 218

(1)   

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

under section 218

(a)   

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

20

or

(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

25

licence and recall the person to prison under this section.

(2)   

A person whose licence under section 218 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

30

revocation and of his right to make representations.

(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 218 as if he had not been

35

recalled to prison under this section.

(5)   

On the revocation of a person’s licence under section 218, he is liable to be

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

unlawfully at large.

228     

Further release after recall

40

(1)   

Where on a reference under section 226(3) in relation to any person, the Board

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

 

 

 
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