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The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 –
General summary of release and recall provisions
This instruction applies to:-
Reference:PSI 30/2012
PI 16/2012
Prisons
Providers of Probation Services
Issue Date
Effective Date
Expiry Date
Implementation Date
23 November 2012
3 December 2012
2 December 2016
Issued on the authority of
For action by
NOMS Agency Board
All staff responsible for the development and publication of
policy and instructions
NOMS HQ
All prisons
Contracted Prisons*
Probation Trusts
Governors
Contract Managers in Probation Trusts
Probation Trust Chief Executives
*If this box is marked, then in this document the term Governor also applies to
Directors of Contracted Prisons
Instruction type
For information
Provide a summary of the
policy aim and the reason
for its
development/revision
Contact
Service improvement / Legal compliance
Offender Supervisors.
Staff in prison establishments dealing with release and recall of
prisoners.
Probation staff dealing with the supervision of offenders on licence and
victims.
The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act
2012 contains provisions which amend and consolidate previous
legislation relating to the release and recall of prisoners. These come
into effect on 3 December 2012.
The objective is mainly to simplify and clarify the law in this area by
ensuring that the provisions governing the release and recall of
determinate sentence prisoners are all contained within one statute –
the Criminal Justice Act 2003.
This instruction provides a general summary of how the LASPO Act
affects the release and recall of prisoners and the changes that have
been made to the 2003 Act – and points to further detailed instructions
on particular areas affected by these statutory changes.
Steve Bailey
Head of Release Policy
Effective Sentencing, Ministry of Justice
Email: Stephen.bailey@justice.gsi.gov.uk
Tel: 020 3334 5026
Associated documents
Audit/monitoring:
Deputy Directors of Custody, Controllers and NOMS Senior Community Managers will monitor
compliance with the mandatory actions set out in this Instruction.
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CONTENTS
Hold down Ctri. And click item.
Section
1
1.1
1.5
1.7
1.9
1.11
1.13
1.14
1.15
1.17
2
2.1
2.2
2.5
2.9
2.14
2.17
2.25
2.29
2.35
2.43
3.1
3.2
3.4
3.5
3.9
Annex A
Subject
Executive summary
Background
Why the legislation has been changed
The effect of the provisions
The new Extended Determinate Sentence (EDS)
Other sources of guidance
Desired outcomes
Application
Mandatory actions
Resource impact
Operational instructions
Changes made by the LASPO Act 2012
Remand time
Less than 12 month sentences
Home Detention Curfew (HDC)
Sentences imposed after commencement for
offences committed before 4 April 2005
Fixed Term Recalls (FTRs)
Re-release following recall
Supervision of young adult offenders
Abolition of s116 Powers of Criminal Courts
(Sentencing) Act 2000
Introduction of the new Extended Determinate
Sentence (EDS) and abolition of IPP
What has remained the same
Bail curfew credit
Standard recalls
Sentences imposed before commencement for
offences committed before 4 April 2005
Extended sentences imposed before
commencement
Summary of changes to release and recall made
by the LASPO Act 2012
PSI 30/2012 – PI 16/2012
UNCLASSIFIED
For reference by:
All staff involved in the
calculation of sentences,
release and/or recall of
prisoners.
All staff involved in:
- The calculation of
sentences;
- Release of prisoners;
- Recall of prisoners on
licence;
- Supervision of offenders on
licence;
- Explaining sentences to
victims;
- Enforcement of supervision
conditions.
Issue date 23/11/2012
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1.
Page 2
Executive Summary
Background
1.1
The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 contains
provisions which modify, clarify and consolidate the legislation relating to the release and
recall of determinate sentenced prisoners. These provisions come into force on 3
December 2012.
1.2
This instruction provides a summary of the effect of Part 3, Chapter 4 of the LASPO Act –
‘Release on licence etc’ (sections 108 to 121).
1.3
The main purpose of these provisions is not substantively to change the basis on which
prisoners are released but to address the fact that the legislation governing the release of
determinate sentenced prisoners had become too complex, unwieldy and difficult to follow.
1.4
In short, the Criminal Justice Act 2003 will continue to govern the release of determinate
sentenced prisoners and, going forward, prisoners sentenced after commencement will be
subject to the same 2003 Act regime regardless of the date of their offence. For prisoners
already serving sentences before commencement, they will continue to be released in
accordance with the arrangements that previously applied, for example under the Criminal
Justice Acts of 1991 or 1967 – except that the LASPO Act has brought the provisions for
this within the 2003 Act so that all the release provisions for determinate sentenced
prisoners are now contained in the same statute.
Why the legislation has been changed
1.5
Determinate prisoners were previously subject to an array of different provisions, under the
Criminal Justice Act 2003 (CJA03), and the Criminal Justice Acts of 1991 and 1967, as also
amended over the years by provisions in the Crime and Disorder Act 1998, the Powers of
Criminal Courts (Sentencing) Act 2000 and the Criminal Justice and Immigration Act 2008
(CJ&IA08). These provisions were further subject to Commencement Orders containing
transitional arrangements and which activated the repeal of some provisions but saved
others. In other words, the release provisions were scattered across different statutes and
subject to an intricate web of statutory instruments holding them all together. Because the
provisions and how they all link together had become so convoluted and open to
interpretation, it was not always clear what Parliament’s intention was and the provisions
were open to challenge by prisoners. As a result the courts heavily criticised the way the
legislation in this area had been permitted to evolve.
1.6
The LASPO Act addresses this problem by bringing together the release and recall
provisions that are to continue to apply, so they are all set out on the face of a single statute
– the Criminal Justice Act 2003. This means that the CJA03 now contains all relevant
provisions on the release and recall of determinate prisoners and it is no longer necessary
to refer to or piece together any of those other Acts or statutory instruments.
The effect of the provisions
1.7
The LASPO Act release provisions are mainly about consolidating and clarifying the
previous legislation – but it also makes some modifications to the 2003 Act which are
summarised in this instruction.
1.8
Prisoners already serving a ‘2003 Act’ sentence will not be affected (other than by
minor modifications made to the 2003 Act); those already serving a 1991 or 1967
sentence will also continue to be subject to the same release arrangements as before
example, 1991 Act prisoners released on licence until the ¾ point of sentence);
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the
Act
(for
but
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offenders sentenced after the date of commencement on 3 December 2012 will be ‘2003
Act prisoners’ regardless of the date of their offence.
The new Extended Determinate Sentence (EDS)
1.9
As well as simplification and consolidation of current release provisions, the LASPO Act
also abolishes the sentence of Imprisonment for Public Protection (IPP) and Extended
Sentences for Public Protection (EPPs). These are replaced by a new Extended
Determinate Sentence (EDS) which will be used for offenders who previously would have
received an IPP or an extended sentence under the 2003 Act. As the EDS is a determinate
(albeit extended) sentence, it is important to be aware of the release arrangements for this
new type of sentence and how this fits in with the other changes LASPO has made. So this
is also summarised in this instruction.
1.10
Prisoners serving an IPP or EPP sentence imposed prior to 3 December 2012 will continue
to be released as before – under the provisions of the Crime (Sentences) Act 1997 and the
CJA 2003 respectively, which remain unchanged for these prisoners.
Other sources of guidance
1.11
This instruction should be read in conjunction with more detailed guidance in new or
amended instructions on the relevant areas that have been affected by the LASPO Act, as
follows:








1.12
Sentence Calculation
Recall, Review and Re-release
Supervision of Young Offenders
Home Detention Curfew (HDC)
Licences and Licence Conditions (which includes new templates to use for all
determinate sentences following LASPO commencement)
Release arrangements for determinate sentences (including extended sentences
and the new Extended Determinate Sentence (EDS))
Parole Process for determinate sentences (including extended sentences and EDS)
Early Removal Scheme (ERS)
New or revised instructions in each of these areas are being issued around the same time
or shortly after this general PSI about the LASPO Act changes. These will mostly update
and consolidate previous instructions in these areas and they will reflect the up-to-date
position following LASPO commencement.
Desired outcomes
1.13
This instruction is intended to ensure that prison and probation staff are aware of the
statutory changes and all determinate sentenced prisoners are released under the
provisions of the Criminal Justice Act 2003, as amended by the LASPO Act 2012.
Application
1.14
All staff responsible for sentence calculation, the release of prisoners, their supervision on
licence and/or recall must be aware of these statutory changes and their effect on
prisoners’ sentences.
Mandatory Actions
1.15
Governors and Contract Managers in Probation Trusts must ensure that all relevant staff
are aware of the content of this instruction as prisoners’ sentences must be administered in
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accordance with the legislation as it applies following the changes made by the LASPO Act
2012.
1.16
This instruction is intended to provide an overview and summary of the LASPO Act release
and recall provisions; the mandatory actions to be followed by staff will be contained in the
other related instructions which provide more specific and detailed guidance on each of the
areas affected.
Resource impact
1.17
There are no additional resource implications. The LASPO Act provisions summarised in
this PSI do not significantly change how sentences are administered or the way prisoners
are released. The changes are intended mainly to simplify, clarify and consolidate previous
provisions rather than introduce any new or different arrangements.
(signed)
Digby Griffith
Director of National Operational Services, NOMS
PSI 30/2012 – PI 16/2012
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Operational instructions
2.
Changes made by the LASPO Act 2012
2.1
The LASPO Act makes the following changes to the CJA 2003. (These are also
summarised in the table attached at Annex A.)
Remand time
2.2
The amount of relevant remand time to be counted towards a prisoner’s sentence must be
calculated and applied administratively by the prison and is no longer directed by the court.
Provision for this is contained in new section 240ZA of the 2003 Act (as inserted by section
108 of the LASPO Act). The previous provision, s240 CJA 2003, has been removed.
2.3
This change applies to all prisoners who are sentenced on or after the date of
commencement on 3 December 2012.
2.4
A new PSI on Sentence Calculation will contain more detailed guidance on applying
relevant remand time to a prisoner’s sentence in accordance with section 240ZA.
Less than 12 month sentences
2.5
The release provision for less than 12 month sentences is now contained in the CJA 2003
(new section 243A, as inserted by section 111 of LASPO), so is no longer governed by the
CJA 1991. Release is still automatic and unconditional at the half-way point of sentence but
there is no longer any ‘at risk’ period.
2.6
As there is no ‘at risk’ notice issued, it is all the more important that the release notification
given to the prisoner makes clear that he/she will be released unconditionally at the halfway point of sentence and what the Sentence Expiry Date (SED) is. It is also important to
bear in mind that, although there is no ‘at risk’ period, if the prisoner were to commit a
further offence before the expiry of the sentence that will be an aggravating factor taken
into account by the court when sentencing for the new offence.
2.7
Further details on the release arrangements that apply to each type of determinate
sentence, including those of less than 12 months, will be contained in a new instruction that
will update and replace the explanation of different Determinate Sentence Release
Arrangements in PSO 6000.
2.8
A new Sentence Calculation PSI will contain instructions on how sentences of less than 12
months are to be calculated where there are multiple sentences.
Home Detention Curfew (HDC)
2.9
There is now only one statutory scheme, so all HDC releases on or after 3 December 2012
must be made in accordance with s246 CJA 2003, as amended by section 112 of LASPO.
There is no longer a slightly different HDC scheme applying to 1991 Act prisoners.
2.10
The LASPO Act has amended the 2003 Act HDC provisions so that the following categories
of prisoner are now statutorily excluded from HDC:

Those serving 4 years or more;

Those who have previously breached HDC; and

Those who have previously been ‘returned’ to prison under s40 CJA 1991 or s116
Sentencing Act.
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2.11
These categories were previously also excluded under the 1991 Act scheme but 2003 Act
prisoners in these categories were ‘presumed unsuitable’. Making them all statutorily
ineligible forms part of creating a single HDC scheme that applies equally to all.
2.12
The minimum period to be served in custody before release on HDC can occur is now 28
days in all cases. It was already 28 days for 2003 Act prisoners but under the 1991 Act
HDC scheme it was 30 days. Again, this is about harmonising the previous two schemes
into a single scheme under the 2003 Act.
2.13
A PSI on Home Detention Curfew and how it is affected by the LASPO Act changes will
provide more detailed guidance on this. The licence templates to be used for HDC releases
following LASPO commencement are contained in a new PSI on Licences and Licence
Conditions.
Sentences imposed after commencement for offences committed before 4 April 2005
2.14
Prisoners sentenced on or after 3 December 2012 will be subject to the 2003 Act release
regime even if they committed their offences before 4 April 2005.
2.15
For those given a standard determinate sentence of 12 months or more, this means
automatic release after serving half the sentence and then on licence until the sentence
expiry date (SED) – so that is different to the arrangements that would have applied
previously under the CJA 1991.
2.16
Further guidance on the release arrangements that apply to each type of determinate
sentence (including extended sentences) will be contained in a new PSI that updates and
replaces the explanation of different Determinate Sentence Release Arrangements in PSO
6000.
Fixed Term Recalls (FTRs)
2.17
The provisions governing Fixed Term Recall (FTR) and re-release are contained in section
255B CJA 2003 (as substituted by section 114 of the LASPO Act). Previous statutory
restrictions which prevented some categories of prisoner being given a Fixed Term Recall
have been removed by the LASPO Act. This means that FTRs may now be considered (but
only where appropriate in each case) for prisoners:



serving a sentence for a violent or sexual offence (as listed in Schedule 15 CJA
2003);
who have previously had a FTR during the current sentence;
subject to the Home Detention Curfew (HDC) scheme.
2.18
The use of FTR for prisoners during the HDC period may only be used where there has
been a breach of the probation supervision conditions and the offender has been recalled
using the power in s254 CJA 2003. The recall powers for breach of curfew conditions
remain unchanged (under section 255 CJA 2003) under which a recalled prisoner is then
re-released automatically at the half-way point.
2.19
If an offender is given an FTR for a s254 breach during the HDC period, and if the 28 day
automatic release date is reached before the end of the HDC period, the prisoner may only
be re-released at that point if the necessary curfew arrangements are in place. In other
words, re-release can only take place if it subject to HDC.
2.20
Where a FTR period is imposed during the HDC period but the 28 day automatic release
date falls after the prisoner’s Conditional Release Date (CRD) at the half-way point of
sentence, then the FTR overrides the CRD release and the prisoner must serve the full 28
days before being re-released on licence.
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2.21
If a prisoner is given a ‘standard’ recall under s254 for a breach of licence during the HDC
period, and if the Parole Board directs re-release from that recall before the end of the HDC
period, the LASPO changes confirm that the prisoner may only be re-released if the HDC
arrangements are still in place.
2.22
Whether a prisoner should be given a FTR or a ‘Standard’ recall remains a matter for Public
Protection Casework Section (PPCS) to decide depending on the level of risk in each case.
2.23
Prisoners serving an extended sentence or indeterminate sentences (IPP and life) remain
excluded from getting an FTR.
2.24
A new PSI on Recall, Review and Re-release will provide full instructions on FTRs and how
they have been affected by the LASPO changes.
Re-release following recall
2.25
The power for the Secretary of State – in practice the Public Protection Casework Section
(PPCS) in NOMS – to re-release recalled prisoners remains unchanged except that some
restrictions on its use have been lifted. In particular, the LASPO Act changes make it
possible for the re-release power to be used in respect of recalled extended sentence
prisoners, who were previously excluded (see s255C CJA 2003, as substituted by s114 of
the LASPO Act).
2.26
In all cases, as before, recalled prisoners may only be re-released if PPCS assess that their
risk could safely be managed back on licence in the community.
2.27
The power does not extend to any prisoners recalled from an indeterminate (IPP or life)
sentence, so the position remains that such prisoners may only be re-released by the
Parole Board.
2.28
For more details on re-release following recall, there will be a new PSI on Recall, Review
and Re-release.
Supervision of young offenders
2.29
Previously, under section 65 CJA 1991, young offenders serving a sentence of Detention in
a Young Offender’s Institution (DYOI) or a sentence under section 91 of the Sentencing Act
2000, and under the age of 22 when released, were subject to 3 months’ supervision (or
until their 22nd birthday if sooner) if they were not otherwise on licence for at least 3 months.
2.30
The LASPO Act replaces s65 with a similar provision in the CJA 2003 – new sections 256B
and 256C (as inserted by s115 of the LASPO Act). Section 256B provides that offenders
serving a DYOI or s91 sentence of less than 12 months must be supervised for 3 months
on release.
2.31
This achieves broadly the same effect as s65, but subject to two key differences:

The 3 month supervision requirement applies to all DYOI or s91 sentences of less
than 12 months but the age of the offender on release is no longer a relevant
consideration. That is to say, the supervision period will always be 3 months even if
the offender attains the age of 22 during that time.

Section 65 applied the 3 month supervision requirement in circumstances where an
offender was serving more than 12 months, had been released on a normal licence
and recalled and then re-released at the SED. If the offender was under 22 at that
point, the 3 month supervision requirement would apply on release at the SED. This
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is no longer a feature in s256B which applies specifically only to sentences of less
than 12 months.
2.32
Section 256C makes provision for the breach and enforcement of a 3 month supervision
period under s256B. Again, this is broadly similar to the s65 breach arrangements but there
are some important differences to note:

Breaches must be pursued by the supervising officer through the courts, as
previously under s65. Breach is, however, no longer a separate criminal offence –
but the court still has the power to impose either a term of imprisonment or up to a
level 3 fine for the breach.

The maximum period of imprisonment for breach is 30 days. The maximum
custodial sentence under s65 was also 30 days, but the difference is that a term of
imprisonment imposed under s256C must be served in full (whereas an offender
serving a s65 sentence was released at the half-way point). In other words, an
offender sentenced to 30 days under s65 would be released after serving 15 days
but an offender given 30 days imprisonment under new s256C must serve the full
30 days in custody.

(This change in the period to be served for breach brings the provisions more in line
with those that apply to young offenders who breach a Detention and Training Order
(DTO) where the term of imprisonment for breach must also be served in full.)
2.33
As before under s65, on release from a term of imprisonment for breach, the offender
would only be subject to further supervision if there is any of the original 3 month period still
extant. Otherwise, release will be unconditional.
2.34
Further detailed guidance on these provisions which replace s65 and how they should
operate will be contained in a new PSI on Supervision of Young Offenders (which will
update and replace Chapter 10 of PSO 6000).
Abolition of s116 Powers of Criminal Courts (Sentencing) Act 2000
2.35
Section 116 applied to prisoners serving a sentence subject to the 1991 Act release
provisions. If a prisoner who had been released from a 1991 Act sentence committed a
further offence before the expiry of that sentence (i.e. during the ‘at risk’ period), a court
sentencing the offender for the new offence could add all or part of the outstanding period
of the original sentence to whatever sentence it imposed for the new offence.
2.36
The CJA 2003 repealed the s116 power when it introduced sentences with licence periods
that extended for the whole of the second half of the sentence (where 1991 Act licences
expired at the ¾ point). Under a 2003 Act sentence, offenders can be recalled
administratively until the end of their sentence and there is no ‘at risk’ period.
2.37
Although the s116 power was abolished for 2003 Act sentences, the 2003 Act
Commencement Order provided that it should be saved and continue to be available in
respect of prisoners serving a 1991 Act sentence. Following commencement of the LASPO
Act provisions on 3 December 2012, however, s116 will be fully repealed which means that
the courts will no longer have the power to return prisoners to custody under s116
regardless of the type of sentence the prisoner was serving at the time the new offence was
committed.
2.38
This forms part of the approach of moving towards applying the 2003 Act regime as far as
possible to all prisoners and dispensing with provisions that applied under the old 1991 Act
regime. It is also worth noting that prisoners serving a ‘1991 Act’ sentence who are recalled
to prison on or after 14 July 2008 (following changes made by the Criminal Justice and
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Immigration Act 2008), are already subject to the 2003 Act s254 recall provisions and liable
to be detained until the end of sentence like 2003 Act prisoners (rather than until the ¾
point as before).
2.39
In practice, the abolition of s116 means that prisoners serving a 1991 Act sentence no
longer have ‘at risk’ periods following the expiry of their licence. If they are being sentenced
for a further offence committed before the expiry of their previous sentence, the court may
take this into account as an aggravating factor but will no longer be able to apply a separate
period of return under the original sentence.
2.40
This also means – given there will no longer be any s116 terms of imprisonment imposed
after commencement – that there will also no longer be any licences issued under s40A
CJA 1991, which is also fully repealed. This was the requirement to issue a 3 month licence
in cases where a prisoner is released from a sentence of less than 12 months which was
entirely or partly made up of a s116 period of return to custody. To be clear, no new section
40A licences are to be issued on or after 3 December 2012 – even in cases where a
prisoner has not yet been released from a sentence imposed before commencement of
less than 12 months which includes a period of s116 return.
2.41
There are, however, transitional arrangements to deal with cases where a prisoner has
already been released on a s40A licence prior to commencement and then breaches the
conditions after commencement. In such a case, the power in s40A to prosecute the
offender for the breach may still be applied.
2.42
Further guidance on the impact of the abolition of s116 can be found in the new Sentence
Calculation PSI.
Introduction of new Extended Determinate Sentence (EDS) and abolition of IPP
2.43
Courts will no longer be able to impose an Indeterminate sentence for Public Protection
(IPP) or an Extended sentence for Public Protection (EPP) for offenders convicted on or
after 3 December 2012. Instead, for offenders convicted of serious violent or sexual
offences (as specified in Schedule 15 of the CJA 2003) and where the court judges them to
be ‘dangerous’ (i.e. a risk of committing further such serious offences) a new Extended
Determinate Sentence (EDS) will be available for the court to impose (under new section
226A (for offenders aged 18 or over) or s226B (for those under 18) CJA 2003 – as inserted
by section 124 of the LASPO Act). It is the date of conviction that is relevant for these
purposes, so it would be possible for an offender to still receive an IPP or EPP if convicted
before 3 December but not sentenced until a later date. For all offenders convicted after
that date, though, the new regime will apply.
2.44
Offenders who previously would have received an IPP sentence may be given a life
sentence (in the most serious cases) or an Extended Determinate Sentence (EDS).
2.45
An EDS is similar to previous extended sentences in that it comprises a ‘custodial term’ –
which is the custodial sentence the court would have imposed for the offence if the offender
was not deemed to be ‘dangerous’ – plus an ‘extension period’ – which is the additional
period on licence for the purpose of protecting the public from the risk of the offender
committing a further violent or sexual offence.
2.46
The main difference, though, between an EDS and previous extended sentences is that the
prisoner must serve at least two-thirds of the custodial term before they may be released.
2.47
There are two types of release arrangement for EDS prisoners depending on the length of
their custodial term and the seriousness of their offending (provision for which is contained
in new section 246A CJA 2003, as inserted by s125 of the LASPO Act):
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
Automatic release at the two-thirds point of the custodial term – This applies in
cases where the custodial term is less than 10 years. The prisoner must be
released as soon as two-thirds of the custodial term has been served and will then
be on licence for the remainder of the custodial term plus the extension period – i.e.
until the Sentence Expiry Date (SED).

Discretionary release by the Parole Board between the two-thirds and end point of
the custodial term – This applies where the custodial term is 10 years or more or in
cases where the prisoner has committed one of the most serious offences, listed in
Schedule 15B CJA 2003. For prisoners convicted of Schedule 15B offences the
custodial term could be less than 10 years but release at the two-thirds point will be
at Parole Board discretion. Prisoners in this category become eligible to be
considered for parole from the two-thirds point but are not subject to automatic
release until the end of the custodial term. On release, the prisoner will be on
licence for the remainder of the custodial term (if any) plus the extension period.
2.48
The Sentence Calculation PSI must be referred to for more details on calculating the
release dates for EDS prisoners, and how EDS sentences should be calculated when
combined with other sentences.
2.49
For those EDS prisoners whose release is at the discretion of the Parole Board, a new PSI
on the Parole Process for Determinate Sentenced Prisoners will contain guidance on the
process and timetable to be followed in such cases.
2.50
Other PSIs (on Recall, Review and Re-release, Licences and Licence Conditions, the Early
Removal Scheme and Determinate Sentence Release Arrangements) will also explain the
position in each of these areas with regard to prisoners serving an EDS.
3.
What has remained the same?
3.1
In addition to explaining what has changed as a result of the LASPO Act provisions, it is
useful to highlight arrangements which remain unaffected so that the position is clear.
Bail curfew credit
3.2
Time spent on ‘tagged bail’ to count towards the sentence continues to be calculated and
directed by the sentencing court. The only difference following LASPO is that the court no
longer has any discretion not to apply all relevant tagged bail time.
3.3
The LASPO Act also clarifies and consolidates current provisions relating to Bail Curfew
credit but this is mainly for the purposes of the court in calculating and directing the amount
of relevant time to count. (Provision for this is contained in s240A CJA 2003, as amended
by section 109 of LASPO.) There is nothing in the LASPO Act on this that will affect prisons
or require them to do anything different.
Standard Recalls
3.4
There will be no change to standard recalls. All determinate sentenced prisoners who are
recalled after 14 July 2008 (when changes were introduced by the Criminal Justice and
Immigration Act 2008) are already recalled under s254 CJA 2003 (whether serving a 2003
or 1991 Act sentence) – so all recalls will continue to be under s254.
Sentences imposed before commencement for offences committed before 4 April 2005
3.5
Prisoners sentenced before the date of LASPO commencement for offences committed
before 4 April 2005 will continue to be released under the arrangements that applied under
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the 1991 or 1967 Acts (albeit that those provisions are now contained within the 2003 Act in
new Schedule 20B, as inserted by Schedule 17 of LASPO).
3.6
That is to say:

Sentences of 12 month or more but less than 4 years – release is automatic at the
half-way point and on licence until the ¾ point (but there will no longer be any ‘at
risk’ period as s116 has been fully repealed).

Sentences of 4 years or more which were ‘converted’ (following changes introduced
by the Criminal Justice and Immigration Act 2008) – i.e. for non-violent and nonsexual offences and with a PED after 9 June 2008 – will continue to be released
automatically at the half-way point and on licence until the SED.

Sentences of 4 years or more for a specified violent or sexual offence (as listed in
Schedule 15 CJA 2003) or with a PED before 9 June 2008 (which were excluded
from ‘conversion’) – will become eligible to be considered for release by the Parole
Board at the half-way point (PED) but not entitled to release until the two-thirds point
(NPD). On release they will be on licence until the ¾ point. Again, there will no
longer be any ‘at risk’ period, though.
3.7
‘Existing Prisoners’ (‘EPs’) serving sentences under the release provisions of the CJA 1967
will also continue to be subject to the same release arrangements as before (provision for
which is now contained in Schedule 20B CJA 2003). That is, consideration for parole after
serving one third and automatic release at two-thirds. If granted parole, release would be
on licence until the two-thirds point. If parole is not awarded, automatic release at the twothirds point would be unconditional.
3.8
Licence templates for use after 3 December for prisoners released under the above
arrangements are contained in a new Licences and Licence Conditions PSI. For prisoners
previously released under the 1991 or 1967 Acts, a ‘2003 Act’ licence template will be used
(as the release provisions are now all contained within the 2003 Act) but the template
provides for a different Licence Expiry Date (LED) and Sentence Expiry Date (SED) to be
entered for prisoners formerly released under those previous regimes (e.g. a ¾ point LED
for prisoners serving a 1991 Act sentence prior to LASPO commencement).
Extended sentences imposed before commencement
3.9
Prisoners already serving an extended sentence before commencement on 3 December
2012 will remain subject to the same release arrangements as before. That is:

An Extended Public Protection (EPP) sentence imposed on or after 14 July 2008 –
Release is automatic at the half-way point of the custodial term and then on licence
for the remainder of the custodial term plus the extension period (i.e. to SED).

An Extended Public Protection (EPP) sentence imposed before 14 July 2008 –
eligible to be considered for release at the discretion of the Parole Board from the
half-way point of the custodial term. Automatic release at the end of the custodial
term if parole not awarded. When released, on licence for the remainder of the
custodial term (if any) plus the extension period.

A ‘Section 85’ extended sentence for offences committed before 4 April 2005 –
subject to the 1991 Act release arrangements (now provided for in Schedule 20B
CJA 2003). Where the custodial term is less than 4 years, release is automatic at
the half-way point of the custodial term and then on licence until the ¾ point of the
custodial term plus the extension period. The final ¼ of the custodial term comes at
the end of the extension period (but is no longer an ‘at risk’ period). Where the
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custodial term is 4 years or more, release between the half (PED) and two-thirds
(NPD) point is at the discretion of the Parole Board. Also then on licence until ¾
point of custodial term plus the extension period.
3.10
A new PSI on Determinate Sentence Release Arrangements will set out the release
arrangement that apply to each type of determinate sentence (including extended
sentences and EDS) following LASPO commencement to provide the up-to-date picture.
This, together with a PSI on the Parole Process for Determinate Sentences, will update and
replace the chapters of PSO 6000 that deal with release and parole.
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Annex A
Summary of changes to release and recall made by the LASPO Act 2012
Subject
Remand time
Summary of Change
Now calculated and applied
administratively by prisons and no longer
directed by courts.
Old provision
s240 CJA 2003
New provision
s240ZA CJA 2003
(as inserted by
s108 LASPO)
Less than 12 month
sentences
Release provision now contained in CJA
2003, not the CJA 1991 (remains the
same – unconditional release at ½ way
point – but no longer any ‘at risk’ period).
s33 CJA 1991
s243A CJA 2003
(as inserted by
s111 LASPO)
Home Detention
Curfew (HDC)
All HDC releases now under a single
2003 Act scheme (as amended by
LASPO), rather than slightly different
statutory schemes for 1991 and 2003 Act
prisoners.
s246 CJA 2003
and s34A CJA
1991.
s246 CJA 2003 (as
amended by s112
LASPO)
Following categories now statutorily
excluded from HDC:
 Prisoners serving 4 years or more;
 Those with a previous HDC breach;
 Those previously returned to prison
under s40 or s116.
Sentences imposed
after 3/12/2012 for
offences committed
before 4/4/2005
All standard determinate sentences of 12
months or more imposed after 3
December 2012 are subject to the 2003
Act release regime (release at ½ way
point, on licence to end of sentence) even
where offences committed before 4 April
2005.
s33 CJA 1991
s244 CJA 2003
Fixed Term Recalls
(FTRs)
Certain prisoners are no longer excluded
from getting a FTR, namely:
 Schedule 15 sexual or violent
offenders;
 those with a previous FTR;
 those released on HDC.
s255B CJA
2003
s255B CJA 2003
(amended version
as substituted by
s114 LASPO).
s255C CJA
2003
s255C CJA 2003
(amended version
as substituted by
s114 LASPO).
s65 CJA 1991
s256B and s256C
CJA 2003 (as
inserted by s115
LASPO).
(Extended sentence and IPP prisoners
remain excluded.)
Re-release following
recall
Prisoners serving extended sentences
who have been recalled are no longer
excluded from the power for the Secretary
of State (PPCS) to re-release them back
on to licence.
(Indeterminate sentence prisoners (IPPs
and lifers) remain excluded and may only
be re-released by the Parole Board.)
Supervision of Young
Offenders
DYOI and s91 prisoners serving less than
12 months continue to require 3 months
supervision on release, subject to the
following changes:
 No longer applies to prisoners serving
more than 12 months who have been
recalled and re-released at SED;
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 Supervision always runs for 3 months
and no longer expires on 22nd birthday
if sooner;
 Breaches still taken back to court but
any new term imposed for breach is
served in full (rather than release at ½
way point as before).
S116 power to order
‘return’ to prison (1991
Act sentences only).
Extended Determinate
Sentences (EDS) and
abolition of IPP and
EPP sentences.
The s116 power in respect of prisoners
serving a ‘1991 Act’ sentence has been
completely repealed, so courts can no
longer order an offender to serve the
outstanding part of their sentence for a
new offence committed during the ‘at risk’
period of a 1991 Act sentence.
No sentence will have an ‘at risk’ period
any more – including those of less than
12 months which are now governed by
the CJA 2003.
Section 40A (3 month licences for
offenders released from a s116 return of
less than 12 months) is also repealed –
so no new s40A licences will be issued
after 3 December.
s116 Powers of
Criminal Courts
(Sentencing)
Act 2000.
Offenders convicted on or after 3
December for serious (Schedule 15)
violent or sexual offences will no longer
receive an IPP or EPP sentence (or a s85
extended sentence) but a new Extended
Determinate Sentence (EDS) – or life
sentence in the most serious cases.
s225, s226,
s227, s228
CJA 2003.
s226A, s226B CJA
2003 (as inserted
by s124 LASPO).
s85 Powers of
Criminal Courts
(Sentencing)
Act 2000.
s246A (as inserted
by s125 LASPO).
EDS prisoners must serve a minimum of
two-thirds of the custodial term. If less
than 10 years, release is automatic at the
two-thirds point.
If 10 years or more, or for a Schedule 15B
offence, release between two-thirds and
end of the custodial term is at Parole
Board discretion.
Release is on licence to end of extension
period.
Prisoners already serving EPP or IPP
sentences imposed before
commencement will continue to be
subject to the same release provisions as
before, which have not been changed by
LASPO.
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s40A CJA 1991
s247 CJA 2003 will
continue to apply
for the release of
prisoners already
serving EPP
sentences under
s227 or s228.
s28 Crime
(Sentences) Act
1997 will continue
to govern release of
prisoners already
serving IPP
sentences imposed
under s225 or s226.
Issue date 23/11/2012