C2C7Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C2

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C7

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

C1C3C6C5C8Chapter 6F1 Release, licencesF13, supervision and recall

Annotations:
Amendments (Textual)
F13

Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)
C1

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Release on licence

I1244C6C5C8Duty to release prisoners F17not subject to special provision for release

1

As soon as a fixed-term prisoner, other than a prisoner to whom section F7243AF14, F19244ZA, 244AF10, 246AF15, 247 or 247A applies, has served the requisite custodial period F8for the purposes of this section, it is the duty of the Secretary of State to release him on licence under this section.

F161ZA

Subsection (1) does not apply if—

a

the prisoner’s case has been referred to the Board under section 244ZB, or

b

a notice given to the prisoner under subsection (4) of that section is in force.

F21A

Subsection (1) does not apply if the prisoner has been released on licence under section 246 F11or 248 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).

F92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F5For the purposes of this section “the requisite custodial period” means—

C4a

F12in relation to a prisoner serving one sentence, one-half of his sentence,

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

in relation to a person serving two or more concurrent or consecutive sentences F6... , the period determined under sections 263(2) and F18264(2B) or (2E).

F34

This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).