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Criminal Justice Bill


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

145

 

(b)   

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

Board.

(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

5

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

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—

10

(a)   

recommend his immediate release on licence, or

(b)   

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

Additional days

229     

Additional days for disciplinary offences

(1)   

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

15

(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.

20

(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,

25

(b)   

any period which he must serve before he can be removed from prison

under section 232, and

(c)   

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

remains in force,

   

is extended by the aggregate of those additional days.

30

Fine defaulters and contemnors

230     

Early release of fine defaulters and contemnors

(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.

35

(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

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

40

 

 

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

146

 

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

sentence or each of those sentences.

(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.

5

Persons liable to removal from the United Kingdom

231     

Persons liable to removal from the United Kingdom

For the purposes of this Chapter 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

10

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

Kingdom,

15

(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).

232     

Early removal of prisoners liable to removal from United Kingdom

(1)   

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

20

removal from the United Kingdom, the Secretary of State may remove him

from prison under this section at any time during the period of 135 days ending

with the day on which the prisoner will have served the requisite custodial

period.

(2)   

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

25

(a)   

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

(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) does not apply where—

30

(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)   

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,

35

(d)   

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

Sexual Offences Act 2003, or

(e)   

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

date on which the prisoner will have served the requisite custodial

40

period is less than 14 days.

(4)   

A prisoner removed from prison under this section—

(a)   

is so removed only for the purpose of enabling the Secretary of State to

remove him from the United Kingdom under powers conferred by—

 

 

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

147

 

(i)   

Schedule 2 or 3 to the Immigration Act 1971 (c. 77), or

(ii)   

section 10 of the Immigration and Asylum Act 1999 (c. 33), and

(b)   

so long as remaining in the United Kingdom, remains liable to be

detained in pursuance of his sentence until he has served the requisite

custodial period.

5

(5)   

So long as a prisoner removed from prison under this section remains in the

United Kingdom but has not been returned to prison, any duty or power of the

Secretary of State under section 216 or 220 is exercisable in relation to him as if

he were in prison.

(6)   

The Secretary of State may by order—

10

(a)   

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

or (3)(e),

(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).

15

(7)   

In this section “the requisite custodial period” has the meaning given by

paragraph (a), (b) or (d) of section 216(3).

233     

Re-entry into United Kingdom of offender removed from prison early

(1)   

This section applies in relation to a person who, after being removed from

prison under section 232, has been removed from the United Kingdom before

20

he has served the requisite custodial period.

(2)   

If a person to whom this section applies enters the United Kingdom at any time

before his sentence expiry date, he is liable to be detained in pursuance of his

sentence from the time of his entry into the United Kingdom until whichever

is the earlier of the following—

25

(a)   

the end of a period (“the further custodial period”) beginning with that

time and equal in length to the outstanding custodial period, and

(b)   

his sentence expiry date.

(3)   

A person who is liable to be detained by virtue of subsection (2) is, if at large,

to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons

30

unlawfully at large) to be unlawfully at large.

(4)   

Subsection (2) does not prevent the further removal from the United Kingdom

of a person falling within that subsection.

(5)   

Where, in the case of a person returned to prison by virtue of subsection (2), the

further custodial period ends before the sentence expiry date, section 216 has

35

effect in relation to him as if the reference to the requisite custodial period were

a reference to the further custodial period.

(6)   

In this section—

   

“further custodial period” has the meaning given by subsection (2)(a);

   

“outstanding custodial period”, in relation to a person to whom this

40

section applies, means the period beginning with the date of his

removal from the United Kingdom and ending with the date on which

he would, but for his removal, have served the requisite custodial

period;

   

“requisite custodial period”, has the meaning given by paragraph (a), (b)

45

or (d) of section 216(3);

 

 

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

148

 

“sentence expiry date”, in relation to a person to whom this section

applies, means the date on which, but for his removal from the United

Kingdom, he would have ceased to be subject to a licence.

234     

Prisoners liable to removal from United Kingdom: modifications of Criminal

Justice Act 1991

5

Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners) shall

(until the coming into force of its repeal by this Act) have effect subject to the

modifications set out in Schedule 19 (which relate to persons liable to removal

from the United Kingdom).

Consecutive or concurrent terms

10

235     

Concurrent terms

(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

15

(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—

20

(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 216 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

25

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.

30

(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

222(4)(b), without regard to the requirements of any custody plus order or

intermittent custody order.

35

(4)   

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

detention under section 91 of the Sentencing Act or under section 200 of this

Act.

236     

Consecutive terms

(1)   

This section applies where—

40

(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

 

 

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

149

 

this Chapter at any time during the period beginning with the first and

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.

5

(3)   

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

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

10

each of those terms of imprisonment.

(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

15

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

(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—

(a)   

all the custodial periods in relation to the terms of imprisonment, and

(b)   

the longest of the licence periods in relation to those terms.

20

(6)   

In this section—

(a)   

“custodial period”—

(i)   

in relation to an extended sentence imposed under section 199

or 200, means the appropriate custodial term determined under

that section,

25

(ii)   

in relation to a term of twelve months or more, means one-half

of the term, and

(iii)   

in relation to a term of less than twelve months complying with

section 153, means the custodial period as defined by subsection

(3)(a) of that section;

30

(b)   

“licence period”, in relation to a term of less than twelve months

complying with section 153, has the meaning given by subsection (3)(b)

of that section.

(7)   

This section applies to a determinate sentence of detention under section 91 of

the Sentencing Act or under section 200 of this Act as it applies to a term of

35

imprisonment of 12 months or more.

Restriction on consecutive sentences for released prisoners

237     

Restriction on consecutive sentences for released prisoners

(1)   

A court sentencing a person to a term of imprisonment may not order or direct

that the term is to commence on the expiry of any other sentence of

40

imprisonment from which he has been released early under this Chapter.

(2)   

In this section “sentence of imprisonment” includes a sentence of detention

under section 91 of the Sentencing Act or section 200 of this Act, and “term of

imprisonment” is to be read accordingly.

 

 

 
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