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, licencesF9, supervision and recall

Annotations:
Amendments (Textual)
F9

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)

Consecutive or concurrent terms

I1264Consecutive terms

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, F3...

F3c

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

F252A

Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.

2B

Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.

2C

Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.

2D

Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.

2E

Nothing in this Chapter requires the Secretary of State to release the offender until—

a

the Board has directed the release of the offender, or

b

the offender has served a period equal to the aggregate length of—

i

the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and

ii

the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.

2F

For the purposes of subsections (2A) to (2E)—

a

a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—

i

section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or

ii

section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;

b

a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—

i

section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or

ii

a notice under section 244ZB(4) is in force.

F103B

The offender's release under this Chapter is to be unconditional if—

a

the aggregate length of the terms of imprisonment is less than 12 months, and

b

section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

3C

If the offender is released on licence under this Chapter—

a

the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);

b

the offender is to be subject to supervision requirements under section 256AA if (and only if)—

i

section 256AA so requires in respect of one or more of the sentences, and

ii

the aggregate length of the terms of imprisonment is less than 2 years.

3D

If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).

3E

When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.

F44

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

F45

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

F116

In this section “F29minimum custodial period”F14, except if subsection (6A) applies, means—

a

in relation to an extended sentence imposed under section 226A or 226B F15or under section 254, 266 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,

b

in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

c

in relation to a sentence imposed under section 236A F17or under section 265 or 278 of the Sentencing CodeF31before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, one-half of the appropriate custodial term determined by the court under that section, and

F27ca

in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,

F28cb

in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,

C4d

in relation to any other sentence, one-half of the sentence.

F136A

In this section “F30minimum custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

F23za

in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section),

a

in relation to an extended sentence F24(not being one to which paragraph (za) applies) imposed under section 226A, 226B, 227 or F18228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section F19236A of this Act or section F20252A, 265 or 278 of that Code, two-thirds of the appropriate custodial term determined by the court under that section;

b

in relation to any other sentence, two-thirds of the sentence.

F266B

In this section “maximum custodial period” means—

a

in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;

b

in relation to any other sentence, the term of the sentence.

7

This section applies to a determinate sentence of detention under section 91 F5or 96 of F16the PCC(S)A 2000, under section 250, F21252A, 254, 262, 265 F22, 266 or 268A of the Sentencing Code or under section F8226A, 226B,F6227 F12, 228 or 236A of this Act as it applies to a term of imprisonment F7... .

F28

This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).