PART 12 continued CHAPTER 6 continued
(5) 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),
(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).
(6) In this section—
“the required custodial days”, in relation to an intermittent custody prisoner, means—
the number of custodial days specified under section 183, or
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 given by paragraph (a), (b) or (d) of section 244(3);
“sentence of intermittent custody” means a sentence to which an intermittent custody order relates.
(1) This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228.
(2) As soon as—
(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 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 254.
(5) Where a prisoner to whom this section applies is released on a licence, the Secretary of State may not by virtue of section 250(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 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 227 or 228.
(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 247 applies, the Secretary of State must consult the Board, unless the circumstances are such as to render such consultation impracticable.
(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 254 or 255, remain in force for the remainder of his sentence.
(2) Where an intermittent custody prisoner is released on licence under section 244, the licence shall, subject to any revocation under section 254, 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 remainder of his sentence.
(3) Subsection (1) has effect subject to sections 263(2) (concurrent terms) and 264(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 183(3).
(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.
(2) Subject to subsection (6) and section 251, 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
(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 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 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 supervision requirement, to be taken to include a reference to any other period during which the prisoner is released on licence under section 246 or 248.
(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 227) or any sentence of detention under section 91 of the Sentencing Act or section 228 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, 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 may for the time being specify in the licence.
(5) A licence under section 246 must also include a curfew condition complying with section 253.
(6) Where—
(a) a licence under section 246 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 defined by section 204),
that condition is not to be included in the licence at any time while a curfew condition required by section 253 is in force.
(7) The preceding provisions of this section have effect subject to section 263(3) (concurrent terms) and section 264(3) and (4) (consecutive terms).
(8) In exercising his powers to prescribe standard conditions or the other 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
(c) securing the successful re-integration of the prisoner into the community.
(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 254 or 256, subsections (2) and (3) apply instead of section 250(2).
(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
(ii) such other conditions of a kind prescribed by the Secretary of State for the purposes of section 250(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.
(4) In this section “the standard conditions” has the same meaning as in section 250.
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.
(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 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 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 244.
(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 246(6), that remained to be served at the time when he was released under section 246.
(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.
(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.
(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 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 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 recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 183(1)(b) in the intermittent custody 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 section 255.
(1) If it appears to the Secretary of State, as regards a person released on licence under section 246—
(a) that he has failed to comply with any condition included in his licence, 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 licence and recall the person to prison under this section.
(2) A person whose licence under section 246 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.
(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 246 as if he had not been recalled to prison under this section.
(5) On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
(1) Where on a reference under section 254(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
(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 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—
(a) recommend his immediate release on licence, or
(b) fix a date under subsection (1)(a) or (b).
(1) Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (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.
(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,
(b) any period which he must serve before he can be removed from prison under section 260, 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.
(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 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.
(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.
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 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,
(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).
(1) Subject to subsections (2) and (3), where a fixed-term prisoner is liable to 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—
(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—
(a) the sentence is imposed under section 227 or 228,
(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 (c. 20),
(d) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42), or
(e) in the case of a prisoner to whom a direction under section 240 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.
(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—
(i) Schedule 2 or 3 to the Immigration Act 1971, 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) 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 244 or 248 is exercisable in relation to him as if he were in prison.
(6) The Secretary of State may by order—
(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).
(7) In this section “the requisite custodial period” has the meaning given by paragraph (a), (b) or (d) of section 244(3).
(1) This section applies in relation to a person who, after being removed from prison under section 260, has been removed from the United Kingdom before 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—
(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 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 244 has 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 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) or (d) of section 244(3);
“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.
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 20 (which relate to persons liable to removal from the United Kingdom).
(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
(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—
(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 244 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 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.
(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 250(4)(b), without regard to the requirements of any custody plus order or intermittent custody order.
(4) In this section “term of imprisonment” includes a determinate sentence of detention under section 91 of the Sentencing Act or under section 228 of this Act.
(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.
(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, 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.
(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.
(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.
(6) In this section—
(a) “custodial period”—
(i) in relation to an extended sentence imposed under section 227 or 228, means the appropriate custodial term determined under that section,
(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 181, means the custodial period as defined by subsection (3)(a) of that section;
(b) “licence period”, in relation to a term of less than twelve months complying with section 181, 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 228 of this Act as it applies to a term of imprisonment of 12 months or more.
(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 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 228 of this Act, and “term of imprisonment” is to be read accordingly.
(1) Section 64 of the Criminal Justice and Court Services Act 2000 (c. 43) (release on licence etc: drug testing requirements) is amended as follows.
(2) In subsection (1) for paragraph (a) there is substituted—
“(a) the Secretary of State releases from prison a person aged 14 or over on whom a sentence of imprisonment has been imposed,
(aa) a responsible officer is of the opinion—
(i) that the offender has a propensity to misuse specified Class A drugs, and
(ii) that the misuse by the offender of any specified Class A drug caused or contributed to any offence of which he has been convicted, or is likely to cause or contribute to the commission of further offences, and”.
(3) After subsection (4) there is inserted—
“(4A) A person under the age of 17 years may not be required by virtue of this section to provide a sample otherwise than in the presence of an appropriate adult.”
(4) In subsection (5), after paragraph (e) there is inserted “and
(f) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003,”.
(5) After subsection (5) there is inserted—
“(6) In this section—
“appropriate adult”, in relation to a person aged under 17, means—
his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
a social worker of a local authority social services department, or
if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;
“responsible officer” means—
in relation to an offender aged under 18, an officer of a local probation board or a member of a youth offending team;
in relation to an offender aged 18 or over, an officer of a local probation board.”