Prison
Service
Order
Sentence Calculation
ORDER
NUMBER
6650
Date of Issue
/ Amendment
23/10/2002
Replaces SO 3C, SO 15 & numerous CI’s, IG’s and PSI’s
PSI Amendments should be read in conjunction with PSO
18/11/2008
10/06/2008
23/05/2008
21/04/2005
29/03/2005
18/03/2005
20/09/2004
06/08/2003
PSI 42/2008 – Time on tagged bail. Adds paragraph 18.4.1.3
PSI 20/2008 - Time unlawfully at large – replaces para 7.1.1
[In this version Para 7.1.1 has been replaced]
PSI 17/2008 – amends paragraphs 1.2.3(iii) and 5.5.1 in relation to
release dates for DCR prisoners.
PSI 17/2008 must be read in conjunction with these paragraphs.
CAUTION this version of PSO6650 has NOT been updated to reflect
these changes.
PSI 13/2005 – Addition of Chapter 18
PSI 11/2005 - Criminal Justice Act 2003: New Sentences
PSI 10/2005 – Amendment: Remand time prior to imposition of a
Community Punishment and rehabilitation Order.
PSO 4620 replaces sections of PSO 6650 referring to Confiscation
Orders.
PSI 35/2003 - Counting of unlawfully at large time
Link to Contents
INTRODUCTION BY THE DIRECTOR OF RESETTLEMENT
1.
This Prison Service Order (PSO) consolidates and updates all existing guidance on
sentence calculation. It replaces the standing orders or instructions listed at the end
of this Introduction.
2.
The PSO is based on existing legislation and case law. It introduces no new procedures and reflects
what should be current practice in establishments. Amendments to the manual to reflect changes in
the law or decisions of the courts will be issued when necessary.
Implementation
3.
This PSO comes into effect immediately.
Mandatory actions
4.
Staff must comply with the instructions in the PSO, all of which are mandatory.
Monitoring
5.
Sentence calculation procedures are the subject of self-audit by establishments.
Standards Audit Unit will also monitor compliance with the measurable baselines in
the Sentence Calculation Standard.
Contact
6.
Any enquiries about this PSO may be addressed to:
Lynette Heugh or Helen Scott
Prisoner Administration Group
Prison Service Headquarters
Cleland House
Page Street
London SW1P 4LN
Tel. 020 7217 6920 or 020 7217 6794
Fax. 020 7217 6938
NOTE FOR ESTABLISHMENT LIAISON OFFICERS
ELOs must record the receipt of the Prison Service Order - SENTENCE
CALCULATION MANUAL - as issue *** as set out below. the PSO must be placed
with those sets of orders as mandatorily required by Chapter 4 of PSO 0001.
Issue
no.
Date
Order
no.
157
23/10/02
6650
Colin Harnett
Title
and/or Date entered in ELO signature
description
set
Sentence
calculation
manual
Acting Director of Resettlement
ORDERS OR INSTRUCTIONS REPLACED BY PSO 6650
SO 3C
SO 15
CI 33/86
CI 29/92
CI 33/92
CI 39/92
IG 19/1995
IG 24/1995
IG 107/1995
IG 110/1995
IG 20/1996
IG 63/1996
IG 64/1996
IG 72/1996
IG 75/1996
IG 78/1996
IG 92/1996
AG58/1996
PSI 43/1997
PSI 4/1998
PSI 51/1998
PSI 74/1998
PSI 17/2000
PSI 33/2001
Calculation of sentences
Fines and other default terms
Calculation of sentences
Criminal Justice Act 1991 - Changes in sentence calculation, transitional
arrangements
Criminal Justice Act 1991 - Revision of Standing Order 3C
Criminal Justice Act 1991: Release direct from court or police cells
UAL time on concurrent & overlapping sentences
Young offenders, section 38s and 40s
Terms of imprisonment of 5 days or less
Council tax defaulters
Police detention
Sentence calculation
Sentence calculation - consecutive sentences
Sentence calculation
Sentence calculation
Sentence calculation
Sentence calculation
Sentence calculation
Sentence calculation: concurrent sentences
Sentence calculation - counting of remand time
Crime and Disorder Act 1998: sentence calculation and release on licence
Sentence calculation: orders under section 40 of the Criminal Justice Act
1991
Sentence calculation: juvenile remand to local authority accommodation
Sentence calculation: Detention and Training Orders.
CONTENTS
Abbreviations
Introduction
Part I
Calculating the sentence of the court
Chapter 1
1.1
1.2
1.3
The basic principles of sentence calculation
Introductory remarks
Criminal Justice Act 1991
Prisoners sentenced prior to the 1991 Act (“existing prisoners”)
Chapter 2
2.1
2.2
2.3
2.4
2.5
2.6
Procedures
Time limit for calculating release dates
Release direct from court
Documentation
Back records
Checking
Mistakes by the sentencing court
Chapter 3
3.1
3.2
3.3
3.4
Prisoners with more than one determinate sentence
Introductory remarks
‘Single term’
Single term: concurrent sentences
Single term: consecutive sentences
Chapter 4
4.1
4.2
4.3
Remand time and police detention time
Remand time: ‘relevant period’
Remand time to count towards time served
Where the remand time period extinguishes the custodial part of the
sentence
Single sentences
Consecutive sentences
Concurrent sentences
Separate sentences and shared remand
Recall or return
Police detention time
4.4
4.5
4.6
4.7
4.8
4.9
Chapter 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
How to calculate a sentence
General remarks
Principles of calculation
Prisoners over 21 serving less than 12 months, YOs serving 12 months or
less DYOI or term under section 91(3) of the 2000 Act
Prisoners over 21 serving 12 months or more but less than 4 years, YOs
serving more than 12 months but less than 4 years DYOI or term under
section 91(3) of the 2000 Act
All prisoners serving 4 years or more
Calculation sheets
Examples of calculations
Part II
Changes in circumstances
Chapter 6
Prisoners sentenced after release from earlier sentence or returned or
recalled to custody
Prisoners sentenced after release from an earlier sentence
Prisoners released on licence: short term prisoner’s licence suspended by a
Magistrate’s Court (section 38 of the 1991 Act)
Prisoners released on licence: licence revoked by Secretary of State (section
39 of the 1991 Act)
Prisoners returned to prison for an offence committed during the ‘at risk’
period (section 116 of the 2000 Act)
6.1
6.2
6.3
6.4
Chapter 7
7.1
7.2
7.3
7.4
7.5
Unlawfully at large
General remarks
Calculation of the period unlawfully at large
Effect of being unlawfully at large on consecutive sentences
Effect of being unlawfully at large on concurrent sentences
Absconders from other UK jurisdictions
Chapter 8
8.1
8.2
8.3
8.4
Appeals
General remarks
Crown Court
Court of Appeal (Civil and Criminal Divisions)
House of Lords
Chapter 9
Additional days awarded
Part III Special categories of cases
Chapter 10
10.1
10.2
10.3
10.4
10.5
10.6
Prisoners transferred from other jurisdictions
General remarks
Transfers under the Crime (Sentences) Act 1997
Transfers under the Repatriation of Prisoners Act 1984
Transfers under the Criminal Justice (International Co-operation) Act 1990
Transfers under the Colonial Prisoners Removal Act 1884
Queries about transferred prisoners
Chapter 11
11.1
11.2
11.3
11.4
Extended sentences
General remarks
Calculating release dates on an extended sentence
Effect of an extended sentence on other sentences
An extended sentence which overlaps another sentence but there is no
single term
Unlawfully at large and additional days awarded
Return to prison of extended sentence prisoners released on licence
Recall to prison of extended sentence prisoners released on licence
11.5
11.6
11.7
Chapter 12
12.1
12.2
12.3
Courts martial
General remarks
Time spent in custody prior to court martial
Appeal
Chapter 13
13.1
13.2
13.3
Special remission
Errors in calculation
Special remission for meritorious conduct
Table for calculations
Chapter 14
14.1
14.2
14.3
14.4
14.5
14.6
Young Offenders
General remarks
Sentence of DYOI: offenders aged 18, 19, and 20
Sentence of detention under section 91(3) of the 2000 Act
Remand time
Supervision after release
Detention and training orders
Chapter 15
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
Detention and Training Orders
General remarks
Calculating the release date
Remand and police custody time
Multiple DTOs
Early and late release
Interaction with sentences of DYOI
Section 91 of the 2000 Act
Recall - section 104 of the 2000 Act
Re-offending during the DTO: order of re-detention under section 105 of the
2000 Act
Periods of recall or re-detention to be served in full
Chapter 16
16.1
16.2
16.3
16.4
16.5
16.6
16.7
16.8
16.9
16.10
16.11
16.12
16.13
Terms of imprisonment in default
General remarks
Procedures on reception and release
Release dates
Consecutive terms
Appropriations
Pay-outs
Acceptance of payment
Hours for the receipt of payment
Additional days awarded
Costs of issue of warrant
Lodged warrants
Confiscation orders
Remaining liabilities
Chapter 17
17.1
17.2
17.3
17.4
Civil prisoners
General remarks
Contempt
Non payment
Additional days
Chapter 18
18.1
18.2
18.3
18.4
18.5
18.6
18.7
18.8
18.9
18.10
18.11
18.12
18.13
18.14
18.15
CJA2003 – Determinate sentence of 12 months and over
General remarks
Calculating a single determinate sentence of 12 months and over
Multiple sentences of 12 months and over
Effect of remand time on 12 months and over sentences
Revocation of licence
Calculating UAL
Added days awarded
Appeals
Interaction with other types of sentence
Interaction with under 12 month sentences for offences committed on or
after 04/04/05
Interaction with lodged warrants/fines
Interaction with a DTO
Extended sentences for Public Protection post CJA03
Terms of imprisonment in default and contemnors
Calculating HDC eligibility dates
ANNEXES
ABCDEFGHI Ji ii -
Counting of time in custody before sentence: examples of periods to be counted
and periods not to be counted
Forms for police custody time
Sentence calculation sheets
Calculating periods of special remission
List of local authority secure units
Calculation sheet for DTOs
Maximum periods of imprisonment in default of payment
Calculation sheet for pay-outs
Early release for civil prisoners
Remand pro forma
Calculation sheet for CJA03 sentences 12 months and over
Calculation sheet for CJA03 extended sentence for public protection
ABBREVIATIONS
The following abbreviations are used in the manual:
ADAs
ARD
B
CED
CJA03
COACD
CRD
DTO
DYOI
ERRS
ESPP
HDC
Added days awarded
Automatic release date
Bailed
Custody end date
Criminal Justice Act 2003
Court of Appeal Criminal Division
Conditional release date
Detention and training order
Detention in a young offender institution
Early release and recall section
Extended sentence for Public Protection
Home detention curfew
HDCED
LED
NPD
PACE
PADAs
PED
PRRD
PSO
RDR
ROR
ROTL
Rx
S
SED
SLED
UAL
1967 Act
1991 Act
2000 Act
Home detention curfew eligibility date
Licence expiry date
Non parole date
Police and Criminal Evidence Act 1984
Prospective added days awarded
Parole eligibility date
Post recall release date
Prison Service Order
Resettlement day release
Resettlement overnight release
Release on temporary licence
Remand
Sentenced
Sentence expiry date
Sentence and licence expiry date
Unlawfully at large time
Criminal Justice Act 1967
Criminal Justice Act 1991
Powers of Criminal Courts (Sentencing) Act 2000
In the diagrams, R is remand time (including police detention time) and S is the date of
sentence.
References to governors must be treated as applying to governors/directors of prisons and
YOIs, and references to prisoners must be treated as applying to offenders held in prisons
and YOIs, except where the contrary is indicated.
INTRODUCTION
0.1
This manual provides guidance to prison staff on the principles of sentence
calculation for determinate sentences of imprisonment (i.e. persons sentenced to
imprisonment or detention for fixed periods of time). Governors have a legal duty
to detain such persons for so long as is required by the orders of the court. They
must take every realistic step to ensure that all prisoners’ release dates are
calculated accurately and in accordance with the law. Release dates are calculated
on the basis of Acts of Parliament, applied to the sentence set out in the orders of
the court. There is no discretion in the process.
0.2
Everything in this manual is mandatory. It explains how the law must be applied in
a wide variety of circumstances which may arise. The manual is divided into three
parts. Part I covers the core sentence calculation principles: what you need to
know to carry out a calculation. Part II covers changes to circumstances after initial
sentence, including sentences imposed after release from an earlier sentence.
Part III covers special categories, including young offenders, fine defaulters and
civil prisoners.
0.3
Sentence calculation staff must be broadly familiar with the contents of the manual
and know how to use it as a source of reference when particular cases arise which
they are unsure how to deal with.
0.4
The guidance in this manual is based on current legislation, as clarified in specific
areas by decisions of the courts, but legislation and case law are continually
evolving. Additional guidance and amendments will be issued as the need arises.
0.5
The law relating to sentence calculation is complex. The right way to calculate a
sentence may not always be obvious, particularly where multiple sentences
interact. It would be a mistake for the manual to try to cover every type of case
which might conceivably arise. Where a case is not covered, or where there is any
doubt as to how the guidance should be applied to particular cases, advice must be
sought from the sentence calculation helplines at Prison
Service headquarters.
0.6
This manual is not concerned with release on temporary licence (ROTL), which is
covered in IG 36/1995, PSI 46/1998 and PSI 53/2000. The eligibility of prisoners
for release on temporary licence is determined under the Prison Rules and periods
of temporary release have no effect on a prisoner’s sentence calculation. Nor is
the manual concerned with the process of a temporary discharge of a prisoner on
grounds of ill-health under section 28 of the Prison Act 1952. In any such case, the
advice of Prison Service headquarters must be sought (this power has not been
exercised for many years).
0.7
References in this manual to a sentence of imprisonment do not include a term
imposed for contempt, default warrants (including confiscation orders) or any other
fine defaults. Advice on such cases is contained in Chapters 16 and 17.
0.8
Throughout the manual, references to the Area Manager also apply where
appropriate to the Operational Manager for Women’s Prisons, the Operational
Manager (Juveniles), the Operational Manager for Wales and the Director of High
Security Prisons.
Helplines
0.9
The sentence calculation helplines at Prison Service headquarters provide advice
to establishments on the application of sentence calculation principles. The
location is Room 720, Cleland House. Contact telephone numbers are given
below.
 For prison establishments (including high security prisons) located in North East,
North West, East Midlands (North and South), West Midlands and Yorkshire &
Humberside areas:
020 7217 6794
 For prison establishments (including high security prisons) located in London,
Thames Valley, Hampshire & Isle of Wight, Kent, Surrey & Sussex, Eastern,
South West and Wales areas:
020 7217 6920
The fax number is: 020 7217 6938
Part I
Calculating the sentence of the court
CHAPTER 1
1.1
THE BASIC PRINCIPLES OF SENTENCE CALCULATION
Introductory remarks
1.1.1 There is no single statute which contains all the statutory provisions relevant to
determining the release dates of prisoners subject to determinate sentences. The
interaction of the various statutory provisions can be complex. This is partly
because many changes to the law only apply to sentences imposed, or offences
committed, after the law is changed. Statutory references in the manual have, for
this reason, been kept to a minimum.
1.1.2 The main statute determining early release dates is Part II of the Criminal Justice
Act 1991, which came into force on 1 October 1992 . This provides that all
prisoners sentenced on or after that date must serve part of their sentence in
prison, but also gives them the opportunity to serve part of their sentence in the
community (subject to any other reason for detention, such as where they are
serving a life sentence or are on remand for another offence). The 1991 Act has
been amended on a number of occasions .
1.1.3 The circumstances in which a sentence is reduced by police custody, remand and
other time are set out in section 67 of the Criminal Justice Act 1967. This has also
been amended on several occasions.
1.1.4 Prisoners detained both by virtue of a sentence for an indeterminate term (i.e. life
imprisonment, custody for life or detention at Her Majesty’s pleasure), or under an
order of an immigration officer under the immigration legislation, and a determinate
sentence must not be released until they have met both the release requirements in
relation to their determinate sentences, calculated according to this manual, and
the requirements which apply to their indeterminate sentences or their detention
under the immigration legislation.
1.2
Criminal Justice Act 1991: the basic system
1.2.1 Under the 1991 Act, a ‘short-term prisoner’ is defined as a prisoner serving a
sentence of imprisonment for a term of less than four years and a ‘long-term
prisoner’ is defined as a prisoner serving a sentence of imprisonment for a term of
four years or more . These terms are used at various places in the manual.
1.2.2 Under the 1991 Act, there are three release schemes depending on sentence
length. In addition, prisoners aged 18 or over and serving a sentence of 3 months
to under 4 years can be released up to 60 days early, on Home Detention Curfew.
Such prisoners will be eligible for discretionary release on licence subject to
electronic monitoring, providing they do not fall within a number of excluded
categories and pass a risk assessment. Full details of the home detention curfew
scheme are contained in the Home Detention Curfew PSO (number 6700).
1.2.3 The basic system under the 1991 Act is as follows:
(i)
Automatic Unconditional Release Scheme (short-term prisoners serving less
than 12 months)
Prisoners serving a term of less than 12 months must be released
automatically as soon as they reach the half way point (ARD - automatic
release date) of the sentence. They are not supervised following release
(but see separate arrangements for young offenders at Chapter 14).
Released prisoners are ‘at risk’ of being returned to custody by order of a
court , if they commit an imprisonable offence before the expiry of their full
sentence (SED - sentence expiry date). Such an order of return is treated as
a sentence of imprisonment for the purposes of sentence calculation .
(ii)
Automatic Conditional Release Scheme (short-term prisoners serving 12
months or more but less than 4 years)
Prisoners serving a term of 12 months to under 4 years must be released
automatically as soon as they have reached the half way point (CRD conditional release date) of the sentence. They must be released on a
licence supervised by the Probation Service.
They remain on licence
following release until the point at which they would (but for their release)
have served three-quarters of the sentence (LED - licence expiry date). If
they breach their licence, they may be recalled to custody in pursuance of
their sentence.
These prisoners are also ‘at risk’ of the court imposing an order of return if
they commit an imprisonable offence between the date of release and the
SED.
(iii)
Discretionary Release Scheme (long-term prisoners)
Prisoners serving a term of 4 years or more are eligible for discretionary
release on a licence to be supervised by the Probation Service at any time
after they have served half their sentence (PED - parole eligibility date). The
decision on whether to release them is for the Parole Board. Those not
released before the two-thirds point must be released, on licence, at that
stage (NPD - non parole release date) . All prisoners will, after they have
been released, be on licence until the point at which they would (but for their
release) have served three-quarters of their sentence. If they breach their
licence, the Secretary of State may revoke it and order them to be recalled to
custody in pursuance of their sentence. These prisoners are also ‘at risk’ of
the court imposing an order of return if they commit an imprisonable offence
between the date of release and the SED.
[PSI 17/2008 must be read in conjunction with this paragraph]
1.3
Prisoners sentenced prior to the 1991 Act (‘existing prisoners’)
1.3.1 Prisoners sentenced to imprisonment before the 1991 Act came into force on 1
October 1992 (known as ‘existing prisoners’), and who have remained in custody
after that date, are not subject to the supervision or ‘at risk’ provisions of the Act.
They are treated under the special arrangements for them in Schedule 12 of the
1991 Act throughout the currency of their sentence, even if they subsequently
receive a concurrent or consecutive sentence.
1.3.2 Apart from the consideration described above, such existing prisoners' sentences
must be calculated using the same rules as for other prisoners except that PED is
at the one-third point of the sentence or after 6 months, whichever is the later, with
the licence running to the two-thirds point; but where there is no parole, release is
at the two-thirds point (without any licence conditions).
1.3.3 Existing prisoners who are released on parole licence and subsequently have that
licence revoked will continue to be treated as existing prisoners for sentence
calculation purposes on return to prison.
1.3.4 Offenders sentenced under section 90 of the Powers of Criminal Courts
(Sentencing) Act
2000 (formerly section 53(1) of the Children and Young
Persons Act 1933) before 1 October 1992 are not covered by this manual, as they
are treated as life prisoners .
Link back to Contents
CHAPTER 2
2.1
PROCEDURES
Time limits for calculating release dates
2.1.1 Under the Prison Service Standard relating to sentence calculation, release dates
must be calculated within two working days of reception. If the prison does not
have all the documentation needed (as set out in paragraph 2.3.1 below) to
allow this to be done within the timescale, the calculation must be marked
provisional and it must be re-calculated when all the data is available. When
making a provisional calculation, a period of remand time or police custody time
should only be credited if all the necessary documentation is to hand.
2.1.2 Under the Standard, release dates must be notified to the prisoner in writing
normally within one weekday and in no case later than two weekdays of the
calculation. The prisoner signs a photocopy of the release date notification slip to
verify that he or she has received it. The signed copy is retained. Release dates
must be explained to the prisoner orally in cases where the calculation is complex
and the prisoner has difficulty understanding it.
2.1.3 When a sentenced prisoner is transferred to another establishment, that
establishment must - again under the Standard - recalculate his or her release date
and notify the prisoner within two working days of reception. The reason for this is
that the governor is responsible for the lawful detention and discharge of all
prisoners within his or her establishment . The sentence calculation helplines in
Prison Service headquarters should be contacted immediately if there is any
discrepancy (other than a purely arithmetical error) between the original calculation
and the re-calculation.
2.2
Release direct from court
2.2.1 Where a prisoner has accumulated sufficient remand or police custody time so that
he or she would be released direct from court following sentencing, and the court
contacts the prison to request a sentence calculation, every effort must be made to
complete the calculation and notify it back to the court without delay. Any delay
may result in the prisoner being returned to the establishment and a claim for
unlawful detention.
2.3
Documentation
2.3.1 In order to calculate a prisoner's release date the following documents must be
obtained before a permanent calculation is made:
(i)
Remand warrants
These are required for all the periods for which the prisoner was held in
custody. If a prisoner was held on remand in another establishment and then
released on bail, copies of the warrants must be obtained before the release
dates are amended. If these cannot be obtained because the record has
been mislaid, or where the remand warrant does not specify the dates of the
offences, a copy of the relevant court register must be obtained from the
court concerned to cover the remand period in dispute.
(ii)
Sentence Warrant (F5035 in crown court; F43 or F44 in magistrates’ court)
Provided that the sentence warrant has the name of the court, name of
defendant, date of hearing and signature of the court clerk or court stamp, it
is valid. It does not necessarily have to be on a prepared form: warrants may
be hand written.
(iii)
Court Record (Backing Sheets) (F5089)
Since this document specifies the offences for which sentence was passed,
it is essential that this is obtained before the final release dates are arrived
at.
(iv)
Indictments (F5088)
These documents give information on matters such as when offences were
committed. It is necessary to obtain indictments since remand warrants often
specify only a specimen offence and, in the case of prisoners facing multiple
charges, the amount of remand time applicable to each offence needs to be
known.
(v)
Police Custody Records (PACE 1984)
Written confirmation from the relevant police station is required before time
spent in police custody is used to reduce a prisoners sentence. Periods
spent in police detention must relate to the offence for which the prisoner
was arrested and sentenced (see Chapter 4).
(vi)
Details of prospective ADAs
Refer to the form F2050E held in the prisoner’s F2050 detailing adjudication
awards.
2.3.2 Where a prisoner is received having had his or her licence revoked, the original
warrants and
other records must be obtained immediately by fax from the relevant
establishment.
2.4
Back records
2.4.1 In addition to the documents described in paragraph 2.3.1 above, back records
must be obtained to check whether any period of custody relating to a previous
sentence has any effect on the current sentence. A permanent calculation can,
however, be made in the absence of back records providing the calculation is
checked, and if necessary amended, as soon as the back records have been
examined.
2.5
Checking
2.5.1 All calculations must be checked by a second member of staff, who is competent to
do so, and who must initial the calculation sheet to show that the calculation has
been checked.
2.5.2 Fourteen days before a prisoner's anticipated release, the prisoner's sentence
calculation must be checked by a member of staff who is competent and different
from those who carried out the original calculation and check. This procedure must
include checking warrants. The calculation sheet must be endorsed to show that
the check has taken place. The prisoner’s record must also be checked for factors
affecting the sentence calculation, such as ADAs, UAL and lodged warrants, fines
and confiscation orders.
2.5.3 A prisoner's calculation and warrants must be re-examined two days before a
prisoner's release date, by someone competent other than the person who carried
out the 14-day check and, if possible, different from those who carried out the
original calculation and check. The calculation sheet must be initialled to show this
has taken place.
2.6
Mistakes by the sentencing court
2.6.1 Magistrates’ Courts have the power to re-open a case at any time after sentencing
in order to rectify mistakes. Crown Courts have the power to rectify mistakes only
within 28 days of sentencing. Where this occurs the resulting sentence takes
effect on the same date as the original, unless the court directs otherwise.
2.6.2 It is not the function of the Prison Service to check the validity of sentences .
However, where a warrant or sentence is ambiguous or appears to be invalid, the
sentencing court must be contacted without delay so that it has an opportunity to
clarify the intention of the court and issue an amended warrant where necessary.
This must be within 28 days of sentencing in the case of a Crown Court. If the
sentencing court maintains that the original sentence or warrant is valid,
notwithstanding the approach by the prison, advice must be sought from the
sentence calculation helplines at headquarters on how to proceed further.
2.6.3 If the prison has concerns about a Crown Court sentencing warrant and it is more
than 28 days since the sentence was imposed, the advice of the sentence
calculation helplines must be sought without delay.
Link back to Contents
CHAPTER 3
3.1
PRISONERS WITH MORE THAN ONE DETERMINATE
SENTENCE
Introductory remarks
3.1.1 Where a prisoner has received more than one sentence, the court may order that
they should run ‘concurrently’ (at the same time as one another or partly
overlapping) or ‘consecutively’ (one runs from the end of the other). Where a
sentence is passed on a prisoner who is already serving a sentence, and the court
does not indicate whether the new sentence should be concurrent or consecutive to
the existing sentence, it must be treated as being concurrent.
3.2
‘Single term’
3.2.1 The 1991 Act provides that, for the purposes of calculating release dates, most
determinate sentences to which a prisoner is subject at any one time must be
combined and treated as a ‘single term’. The circumstances in which sentences
are to be treated as a single term were clarified by an amendment to the 1991 Act
in 1998.
3.2.2 A sentence imposed on or after 30 September 1998 is to be treated as a single
term with another sentence which a person has received if:
 they were passed on the same occasion; or
 where they were passed on different occasions, the person has not been
released under the 1991 Act at any time during the period beginning with the first
and ending with the last of those occasions. A period of temporary release does
not break the single term , but release on HDC does.
3.2.3 Where a sentence is passed after a prisoner has been released from the initial
custodial part of an earlier sentence, but before he or she has reached the expiry
date of that sentence, the new sentence will not be single termed with the earlier
sentence. Instead, it will run in parallel with the remaining part of the earlier
sentence. Chapter 6 (prisoners sentenced after release from an earlier sentence)
covers this in more detail.
3.2.4 Where a prisoner is released and immediately remanded for a court appearance at
which a `
second sentence is imposed, no single term is created. Similarly,
there is no single term where a prisoner remains in prison custody beyond the date
when he would otherwise have been released under Part II of the 1991 Act solely
by virtue of being detained on remand, and then receives a further determinate
sentence without any intervening release. However, if a prisoner is released and
then given a second sentence on the same day then a single term is created, since
the first sentence does not expire until midnight on the day in question. Such cases
are likely to be rare and must be referred to the sentence calculation helplines at
headquarters.
3.2.5 A sentence (and any section 116 order, formerly section 40, for return, imposed at
the same time) imposed before 30 September 1998 must be treated as a single
term with an earlier sentence if the prisoner had been released from the earlier
sentence but had subsequently been recalled (having breached his or her licence),
so that he or she is once more serving the earlier sentence when the subsequent
sentence is imposed.
3.2.6 Periods of imprisonment in default of payment of fines and civil sentences cannot
form part of a single term.
3.3
Single term: concurrent sentences
3.3.1 Where concurrent and partly overlapping sentences are imposed, and the
sentences are single termed, the length of the single term is from the date of
imposition of the first sentence to the latest sentence expiry date of the sentences.
Example 1
S1
ARD1
S2
SED1
ARD2
SED2
Single term
Sentence S2 is passed after sentence S1, but before the prisoner has been
released from custody in respect of sentence S1. There is therefore a single term.
The court orders sentence S2 to be served concurrently to sentence S1, so the
single term is the period from S1 to SED2.
The length of this single term determines which release scheme the prisoner falls
into (i.e. under 12 months, 12 months to less than 4 years, or 4 years or more).
Once this has been determined, any relevant remand time can be applied to the
single term and release dates calculated.
Wholly concurrent sentences
3.3.2 Where concurrent and wholly overlapping sentences are imposed, and the
sentences are single termed, a second sentence might have no practical effect on
the release date.This is illustrated by the following example.
Example 2
S1
ARD1
S2
SED1
ARD2
SED2
Although S2 might appear to give a later release date, the single term runs from the
beginning of S1 to the end of S1. The second sentence is in effect swallowed by
the first.
3.4
Single term: consecutive sentences
3.4.1 Sentences which are to be served consecutively are, for the purpose of calculation
of dates of release, added together and treated as a single term equal to the
combined total of such sentences. For example, two consecutive sentences of 12
months will result in a single term of 24 months.
3.4.2 This also applies where such sentences or terms are imposed by different courts
on different days, providing the prisoner has not been released under Part II from
the initial custodial part of the first sentence before the second sentence was
passed and the warrant or court order clearly specifies that the sentences are
consecutive.
3.4.3 Usually, where the intention of the court is that the new sentence or term should
run from the end of the last of the consecutive sentences or terms to which the
prisoner is subject, it will be clearly indicated that the further sentence is
consecutive to the existing total period of imprisonment . However, where the
precise intention of the court is not clear (e.g. whether the new sentence is
consecutive to the total term or a particular sentence which makes up the total
term), written confirmation must be sought from the court and, where appropriate, a
new warrant obtained.
Link back to Contents
CHAPTER 4
4.1
REMAND TIME AND POLICE DETENTION TIME
Remand time: ‘relevant period’
4.1.1 Section 67 of the Criminal Justice Act 1967 (as amended, in particular, by section
49 of the Police and Criminal Evidence Act 1984) provides that a sentence of
imprisonment imposed on an offender by a court shall be treated as reduced by
any ‘relevant period’.
4.1.2 In this context, a ‘relevant period’ means:
(a) any period during which the offender was in police detention in connection
with the offence for which the sentence was passed; or
(b) any period during which he or she was remanded in custody by a court in
connection with any proceedings relating to that sentence or the offence for
which it was passed (where a charge on an indictment such as GBH is reduced to
AOBH, for example, periods of custody in relation to the first charge are ‘relevant’ to
the sentence for the second); or
(c) any period during which he or she was remanded in custody by a court in
connection with any proceedings from which the proceedings referred to in
(b) above arose relating to that sentence (where a prisoner is remanded for
burglary, for example, and on sentence this matter is not proceeded with but he is
sentenced for handling the same stolen goods on the day in question, the remand
time is ‘relevant’ to the sentence);
(d) days in which the prisoner was remanded into the care of certain types of local
authority accommodation (see Chapter 14).
4.1.3 The Crown Prosecution Service must be contacted if there is any doubt about the
connection between a period spent on remand and a subsequent sentence.
4.1.4 Time spent in custody in police detention or on remand relevant to any of the
sentences forming part of a single term reduces the total term to be served. But
remand time must never be counted more than once . Nor must any period of
remand be counted if the prisoner is at the same time in custody serving a
sentence of imprisonment or a term of contempt or default. However, remand time
which is being served at the same time as a period of detention under the
Immigration Act 1971 can count to reduce a subsequent relevant sentence.
4.1.5 Remand time cannot have the effect of changing a long-term prisoner into a shortterm prisoner. Whether a prisoner is long- or short-term depends on the sentence
as imposed by the court, not the sentence as reduced by any time spent on
remand.
4.1.6 Any remand time in respect of an offence for which a community punishment order,
community rehabilitation order, CPRO or a conditional discharge or suspended
sentence is passed cannot count against a sentence in respect of that offence as a
result of the order or suspended sentence being breached/revoked and a custodial
sentence imposed.
[Paragraph 4.1.6 has been updated in accordance with PSI 10/2005 – February 2005]
4.1.7 Examples of circumstances where remand time can or cannot count are set out at
Annex A.
4.2
Remand time to count towards time served
4.2.1 A ‘relevant period’ of remand time, as defined above, is treated as having been
served by a prisoner for the purpose of determining whether he has served one-half
or two-thirds of the sentence, or whether he would (but for his release) have served
three-quarters of the sentence. That is, the period is treated as having been
served for the purpose of calculating release dates and periods to be spent on
licence or at ‘risk’. This is subject to the condition that a period on licence must
never be reduced to less than one-quarter of the sentence (in the case of a shortterm prisoner) or one-twelfth of the sentence (in the case of a long-term prisoner).
‘Sentence’ in this context means the sentence passed by the court, not the
sentence as reduced by remand or police custody time.
4.2.2 The effect is that the ARD, CRD, LED, PED, NPD and SED are brought forward by
the period of remand time in question. The custodial period is reduced by the
number of days in question. The point at which a period on licence or ‘at risk’
begins will be brought forward, but the period itself does not change. The way in
which a period of remand time affects a sentence is illustrated by the following
example.
Example 3
(a) Prisoner sentenced to 2 years (730 days) on 1 October 2000, no remand time
S
365 days
1/10/01
CRD 182 days LED 183 days
30/9/02
31/3/03
SED
30/9/03
(b) Prisoner sentenced to 2 years (730 days) on 1 October 2000, 30 days remand
time
S
1/10/01
335 days
CRD 183 days LED 82 days SED
31/8/02
2/3/03
31/8/03
Both the custodial period and the overall length of the sentence are reduced by 30
days, but the period spent on licence remains the same: namely a quarter of the
sentence as originally imposed (the transposition of 182 and 183 days in the two
cases is due to rounding and the quirks of the calendar)
4.2.3 A period of remand time can extinguish the custodial part of a sentence, but not the
licence or ‘at risk’ period. The situation where the remand time extinguishes the
custodial period is considered in section 4.3 below.
4.3
Where the remand time period extinguishes the custodial part of a sentence
4.3.1 Where remand time extinguishes the custodial period of a sentence, resulting in the
prisoner being released immediately, the balance of the remand time does not
reduce the licence period or the ‘at risk’ period. However, should the prisoner be
recalled or returned to prison, the balance of remand time will be credited against
the period of recall or return.
Example 4
A prisoner is on remand for 8 months, then receives a 12 month sentence. He is
therefore released immediately, with a 3 month licence and a further three month
‘at risk’ period. A month after being sentenced, he is recalled for a 2 month period
to the three-quarter point. Because there are two months of uncredited remand
time, he must be released immediately.
4.4
Single sentences
4.4.1 The following two examples illustrate cases in which there is a single sentence, i.e.
there is no single term created with other sentences.
Example 5
R
Not Guilty
x
R
Community Service Order
y
R
Custodial sentence
z
Only period z would be credited to the custodial sentence as the prisoner received
a not guilty verdict and a Community Service Order on the other two cases. The
prisoner is only serving a single custodial sentence, and remand time on the other
charges is not transferable.
Example 6
A
R
B
R
100 days
S1
120 day sentence
(time served)
150 days
S2
15 month sentence
The first sentence has been served before the second sentence has been passed.
But there is shared remand time between the two sentences. Sufficient remand
time must be credited to the first sentence to cover the custodial part only (in this
example this amounts to 60 days). Any remand time prior to the first sentence
which has not been credited to the custodial part of first sentence (in this example
40 days) must be carried forward to be credited to custodial part of the second
sentence. Any remand time between the sentencing date for the first offence and
the sentencing date for the second offence (in this example 50 days) must also be
credited against the second sentence.
4.5
Consecutive sentences
4.5.1 Where a period has been spent on remand in respect of two or more offences for
which consecutive sentences were imposed, remand time which is relevant to
either offence must be credited to the single term. But a period of remand time can
be credited only once.
Example 7
R
x
R
y
S1
2 years
S2
4 years consec to 1
In this case only remand period x will count against the total term of 6 years.
Remand period y is included within period x, so cannot count separately.
4.6
Concurrent sentences
4.6.1 As explained in paragraph 4.1.4 above, remand or police custody time relevant to
any of the sentences forming part of a single term reduces the total term to be
served (subject to the rule that it must never be counted more than once).
Example 8
Offence A
R
S1
period x
Offence B
R
S2
If offences A and B become part of the single term, remand period x is counted
once to reduce the single term.
Example 9
Offence A
R
S1
x
bail
Offence B
R
y
S2
conc to S1
Sentences S1 and S2 become part of the single term, so remand periods x and y
both count to reduce the single term.
Example 10
R
S1
4 years
R
S2
x
5 days
Remand period x is credited against the single term formed by S1 and S2, even
though remand period x is well in excess of the sentence S2 to which it relates.
4.7
Separate sentences and shared remand
4.7.1 The principle that remand time must never be counted twice extends to a situation
in which a
remand period is relevant (as defined in paragraph 4.1.2 above) to
more than one sentence but the sentences do not together form a single term .
Such a period of remand is referred to as a period of ‘shared’ remand.
4.7.2 The shared remand time must first be set against the custodial part of the first
sentence. If there remains any surplus shared remand time after this has been
done, the excess must be set against the custodial part of the second sentence.
Example 11
R
R
105 days
S1
154 days
120 days (time served on remand)
S2
15 months
Sufficient remand time is credited against the first sentence to cover the custodial
part only (60 days in this case). Remand time prior to the first sentence which has
not been credited against that sentence (105 - 60 = 45 days) is carried forward to
be credited against the second sentence, together with the remand time between
the sentencing date for the first offence and the sentencing date for the second
offence (49 days).
4.8
Recall or return under sections 38 or 39 of the 1991 Act or section 116 of the
Powers of Criminal Courts (Sentencing) Act 2000
4.8.1 As explained in 4.3.1, any uncredited balance of remand time does not reduce the
licence or ‘at risk’ period of a sentence. But where a prisoner is recalled under
section 38 or 39 of the 1991 Act following a breach of his or her licence, or is
ordered to be returned under section 116 of the Powers of Criminal Courts
(Sentencing) Act 2000, any uncredited remand time reduces the recall period
or the custodial part of the return .
4.9
Police detention time
4.9.1 The relevant legislation (section 67 of the Criminal Justice Act 1967, as amended
by section 49 of PACE 1984) provides that a person is in police detention:
(a) at any time when he or she is in police detention for the purposes of PACE
1984; and
(b) at any time when he or she is detained under section 12 of the Prevention of
Terrorism (Temporary Provisions) Act 1984.
4.9.2 Under section 118(2) of PACE, police detention begins on:
(a) the arrival of the person at any police station after arrest; or
(b) arrest at a police station after accompanying an officer there voluntarily
and where the person is detained there or is detained elsewhere in the charge of a
constable.
4.9.3 For the purposes of sentence calculation, any part of a day spent in police custody
counts as a whole day.
Example 12
A person arrives in police detention at 11.00pm, and is bailed at 9.00 the following
morning. He is subsequently sentenced for the offence for which he was held in
police custody. Two days of police custody time are credited against the sentence.
4.9.4 If a person attends a police station on a voluntary basis, he or she may leave at any
time and is therefore not in police detention.
4.9.5 Under section 6 of the Bail Act 1976, it is an offence to fail to surrender to bail and
a court may issue a warrant for the person’s apprehension. A person arrested for
such an offence is, after his or her arrival in a police station and pending his or her
production before a court, in police detention. This period of police detention will be
credited against any subsequent sentence imposed for the offence of failing to
surrender. If, however, the person is given a custodial sentence only in respect of
the original offence in respect of which he was on bail, the period in police custody
following arrest for breach of bail will not be credited against the sentence. Care
will have to be taken to ascertain if the person was arrested only for failure to
surrender or if this was also for the original offence.
4.9.6 Under section 7 of the Bail Act, a person who has been granted bail may be
arrested without
warrant by a constable if the constable has reasonable
grounds for believing that the person
has broken or is likely to break any of his
or her bail conditions or is not likely to surrender to
custody. A person arrested
under this section - where no warrant has been issued for his arrest is deemed to
be in police detention in respect of the original offence after he or she arrives at the
police station. This period is therefore credited against any subsequent sentence in
respect of the original offence.
4.9.7 It is the responsibility of each prison to ensure that information is easily obtainable
from the police. If there are difficulties in obtaining the necessary information
possible alternative approaches are:
(a) approach the local courts to see if copies of custody records were attached to
the warrants from the Magistrates’ Court either on first remand or sentence;
(b) approach the Crown Prosecution Service to see if they are able to provide the
information from their records.
4.9.8 Forms to help obtain information about police detention are at Annex B:
The first form must be issued to all prisoners prior to interview on first reception into
prison custody. The prisoner must be asked to supply the information required and
sign the form. Should the prisoner decline to do so the possible effect on his
release date must be explained.
The second form must be sent to the relevant police station(s).
Link back to Contents
CHAPTER 5
5.1
HOW TO CALCULATE A SENTENCE
General remarks
5.1.1 A sentence normally runs from the day of imposition by the court; it can never
commence prior to imposition.
5.1.2 Release dates must always be calculated in days. Sentences expressed in any
other terms will have to be converted into this form.
5.1.3 Any sentence of imprisonment expressed in months will mean calendar months .
For example, 3 months starting on 14 March runs to 13 June. When a sentence
begins on the first day of the month, it will expire on the last day of the month of
release, e.g. 3 months starting on 1 January runs to 31 March.
5.1.4 If a court passes a sentence involving ½ of one month e.g. 3½ months, the advice
of the sentence calculation helplines at headquarters should be sought.
5.1.5 When a sentence is expressed in weeks, the number of weeks is multiplied by 7 to
get the number of days in the sentence.
5.1.6 A prisoner is not entitled to be released until the end of the last day of the custodial
part of the sentence, but for practical reasons he or she may be discharged at any
time during that day (usually in the morning, to allow time for travelling) . In the
case of prisoners whose release dates fall on weekends or Bank Holidays (except
those serving 5 days or less who will be released on the Saturday) release dates
must be brought forward to the immediately preceding weekday which is not a Bank
Holiday.
5.2
Principles of calculation
5.2.1 The following principles provide the basis for calculating release dates under the
three release schemes in the 1991 Act. All dates are calculated from the date of
sentence.
5.2.2 For all prisoners:
(i) identify the appropriate release scheme by looking at the total length of the
single term, and convert the length of the single term into days;
(ii) determine in days the amount of remand time (including police detention), if
any, that is relevant to the single term (but bear in mind that remand time must
never be counted twice).
5.2.3 Prisoners serving sentences of 3 months to under 4 years may be eligible for
release on Home Detention Curfew (HDC). HDC eligibility dates are calculated
automatically by LIDS, once the ARD or CRD has been inputted. Full details of
HDC are contained in the Home Detention Curfew PSO (PSO 6700, issued 12
January 2000).
5.3
Prisoners over 21 serving less than 12 months, YOs serving 12 months or less
DYOI or term under section 91(3) of the 2000 Act
5.3.1 These prisoners have a Sentence Expiry Date (SED) and an Automatic Release
Date (ARD).
S
ARD
SED
Total number of days in single term = A
Total relevant remand time = B

To calculate the number of days to the SED, deduct relevant remand time
from the single term to give the actual term in days.
So actual term (C) = A – B
The SED is that number of days from the date of sentence.

To calculate the number of days to the ARD, divide the total number of days
in the single term by 2, rounding down fractions, and deduct that figure from
the actual term.
So number of days to ARD = C - (½ of A)
The ARD is that number of days from the date of sentence.
5.4
Prisoners over 21 serving 12 months or more but less than 4 years, YOs
serving more
than 12 months but less than 4 years DYOI or term under section
91(3) of the 2000 Act
5.4.1 These prisoners have a Sentence Expiry Date (SED), a Conditional Release
Date (CRD) and a Licence Expiry Date (LED).
S
CRD
LED
SED
Total number of days in single term = A
Total relevant remand time = B

To calculate the number of days to the SED, deduct relevant remand time
from the single term to give the actual term in days.
So actual term (C) = A - B
The SED is that number of days from the date of sentence.

To calculate the number of days to the CRD, divide the total number of days
in the single term by 2, rounding down fractions, and deduct that figure from
the actual term.
So number of days to CRD = C - (½ of A)
The CRD is that number of days from the date of sentence.

To calculate the number of days to the LED, take a quarter of the single
term, rounding down fractions, and deduct that figure from the actual term.
So number of days to LED = C - (¼ of A)
The LED is that number of days from the date of sentence.
5.5
All prisoners serving 4 years or more
5.5.1 These prisoners have a Sentence Expiry Date (SED), a Parole Eligibility Date
(PED), a Non- Parole Release Date (NPD) and a Licence Expiry Date (LED).
S
PED
NPD
LED
SED
Total number of days in single term = A
Total relevant remand time = B

To calculate the number of days to the SED, deduct relevant remand time
from the single term to give the actual term in days.
So actual term (C) = A - B
The SED is that number of days from the date of sentence.

To calculate the number of days to the PED, divide the total number of days
in the single term by 2, rounding down fractions, and deduct that figure from
the actual term.
So number of days to the PED = C - (½ of A)
The PED is that number of days from the date of sentence.

To calculate the number of days to the NPD, take one third of the single
term, rounding down fractions, and deduct that figure from the actual term.
So number of days to the NPD = C - (1/3 of A)
The NPD is that number of days from the date of sentence.

To calculate the number of days to the LED, take one quarter of the single
term, rounding down fractions, and deduct that figure from the actual term.
So number of days to the LED = C - (¼ of A)
The LED is that number of days from the date of sentence.
[PSI 17/2008 must be read in conjunction with paragraph 5.5.1]
5.5.2 For prisoners sentenced to 12 months or more in respect of offences committed
before 30 September 1998, where the whole or part of a sentence was imposed for
a sexual offence, the court may order under section 86 of the 2000 Act (previously
section 44 of the Criminal Justice Act 1991) that the licence will run to the end of
the sentence. In these cases, the LED will simply be the SED.
5.6
Calculation sheets
5.6.1 Release dates must be calculated using standard calculation sheets, which are
available centrally. There are three versions, reproduced at Annex C, which
correspond to the three release schemes:
 the white form is for adults and young offenders aged 18 and over sentenced to
less than 12 months, and young offenders under the age of 18 sentenced to 12
months or less;
 the pink form is for adults and young offenders aged 18 and over sentenced to 12
months or more but less than 4 years, and young offenders under the age of 18
sentenced to more than 12 months but less than 4 years;
 the blue form is for all adults and young offenders sentenced to 4 years or more.
5.7
Examples of calculations
5.7.1 The following examples 13 - 15 illustrate single sentence calculations under each of
the three release schemes. Example 16 illustrates a case in which the amount of
remand time is sufficient to extinguish completely the custodial period.
Example 13
A
B
Prisoner sentenced to 9 months on 1 January 2001, no
remand or policecustody time
Total length of sentence
from 01/01/01 to 30/09/01
273
Time in custody to count
Police from_______ to______ =
Prison from_______to______ =
Prison from_______to______ =
0
C
Actual term (A - B)
273
D
Automatic release date C - (A÷2)
137
Example 14
A
B
Prisoner sentenced to 2 years on 1 October 2000 with 30
days remand time
Total length of sentence
from 01/10/00 to 30/09/02
730
Time in custody to count
Police from______ to______ =
Prison from 1/09/00 to 30/9/00 = 30
Prison from______to______ =
30
C
Actual term (A - B)
700
D
Conditional release date C - (A÷2)
335
E
Licence expiry date C - (A÷4)
518
Example 15
A
B
SED = 273 days from date of
sentence
= 30 : 09
: 01
ARD = 137 days from date of
sentence
= 17
: 05
: 01
SED = 700 days from date of
sentence
= 31 : 08 : 02
CRD = 335 days from date of
sentence
= 31 : 08 : 01
LED = 518 days from date of
sentence
= 02 : 03 : 02
Prisoner sentenced to 4 years on 1 October 2000 with 92
days on remand
Total length of sentence
from 01/10/00 to 30/09/04
1461
Time in custody to count
Police from _________to______ =
Prison from 1/7/00 to 30/9/00 = 92
Prison from______to______ =
92
1369
C
Actual term (A - B)
D
Parole eligibility date C - (A÷2)
639
E
Non parole release date C - (A÷3)
882
F
Licence expiry date C - (A÷4)
1004
Example 16
SED = number of days at C
from date of sentence
= 30 : 06
: 04
PED = number of days at D
from date of sentence
= 01 : 07 : 02
NPD = number of days at E
from date of sentence
= 01 :
03 : 03
LED = number of days at F
from date of sentence
= 01 : 07
: 03
Prisoner sentenced to 12 months’ imprisonment on 1
October 2000, with 200 days remand time
In this example, the amount of remand time is greater than the custodial period,
calculated as
half the total length of sentence. In these circumstances, the
time in custody to count is the
amount of remand time required to extinguish the
custodial period. The figure at B in the table is thus half of the figure at A, rather
than the full 200 days served on remand. If the prisoner
were to be recalled
from licence or made subject to return under section 116 of the 2000 Act, the
remaining 17 uncounted days of remand time would count against the custodial
period to be served on recall or return.
A
B
Total length of sentence
from
01/10/00
to
30/09/01
365
Time in custody to count
Police from______ to______ =
Prison from 15/3/00to30/9/00 = 200
Prison from______ to______ =
183*
C
Actual term (A - B)
182
D
Conditional release date C - (A÷2)
E
Licence expiry date C - (A÷4)
Nil to serve
91
*This is the number of days which
extinguishes the custodial part of the
sentence. There is therefore 17 days
of uncredited remand time remaining
SED = number of days at C
from date of sentence
= 31 :
03 : 01
CRD = number of days at D
from date of sentence
= Immediate Release
LED = number of days at E
from date of sentence
= 30 : 12
: 00
Link back to Contents
Part II
Changes in circumstances
CHAPTER 6
6.1
PRISONERS SENTENCED AFTER RELEASE FROM AN
EARLIER SENTENCE OR RETURNED OR RECALLED TO
CUSTODY
Prisoners sentenced after release from an earlier sentence
6.1.1 Where a sentence is imposed on an offender on or after 30 September 1998 after
he or she has been released from the initial custodial part of an earlier sentence,
the two sentences will not be treated as a single term. For this purpose, release
includes release on Home Detention Curfew. So sentences imposed on or after 30
September 1998 will not be treated as a single term even if the prisoner is recalled
for breach of licence in respect of the first sentence and receives a new sentence.
6.1.2 Where there is no single term covering two sentences which overlap (i.e. the
second sentence is imposed after initial release from the first sentence but before
the sentence expiry date of the first sentence has been reached), the two
sentences will, in effect, run in parallel. The courts should not order that sentences
which do not form a single term should run consecutive to each other . Thus the
following four principles will apply in such cases:
(i)
the prisoner will not be released until he or she is required to be
released in respect of each sentence;
(ii)
the prisoner will not be eligible for release on parole, or following a
parole recall, until he or she is required to be released, or is eligible
for release, in respect of each sentence;
(iii)
the prisoner will be on licence, following release, for as long as is
required by the sentence which gives the latest licence expiry date;
(iv)
the prisoner will be ‘at risk’ (i.e. liable to have an order of return
passed ), until he or she has reached the sentence expiry date of the
sentence which gives the latest sentence expiry date.
6.1.3 Where a prisoner is to be subject to more than one licence at any one time, and it
is unclear how to proceed, Sentence Enforcement Unit must be contacted.
Example 17
S1
CRD1
LED1
SED1
recall
S2
ARD2
SED2
The prisoner is released on licence from the custodial part of sentence S1. A short
time later, he is recalled to prison until LED1. At the same time, he receives a new
sentence of imprisonment (which is less than 12 months). Sentence S1 (which
includes the recall period) does not form a single term with sentence S2 because
the latter has been passed after the prisoner has been released from the initial
custodial part of the former. The two therefore run in parallel. The release date in
respect of sentence S2 (ARD2) is later than the release date in respect of the recall
(LED1), so ARD2 takes precedence. The prisoner will be ‘at risk’ until SED2, since
that is later than SED1.
Example 18
S1
PED1
LED1
SED1
recall
S2
ARD2 SED2
Sentences S1 (including the recall) and S2 do not form a single term: they run in
parallel. The licence recall period is greater than the release point in respect of
sentence S2. The prisoner therefore cannot be eligible for release until the LED in
respect of sentence S1 has been reached. Once the prisoner has been released in
respect of sentence S1, he will be “at risk” until SED1, since that is later than SED2.
Example 19
S1
PED1
LED1
SED1
recall
S2
PED2 NPD2 LED2 SED2
Sentences S1 (including the recall) and S2 do not form a single term: they run in
parallel. The LED in respect of S1 is after the PED but before the NPD for S2.
The prisoner cannot therefore be eligible for parole on S2 or discretionary release
on S1 until PED2. He must be released at NPD2, on licence to LED2 and “at risk”
until SED1, since that is later than SED2.
6.2
Prisoners released on licence: short term prisoner’s licence suspended by a
Magistrates’ Court (Section 38 of the 1991 Act)
6.2.1 This only applies to prisoners sentenced to a term of 12 months or more, but less
than 4 years, whose offence for which the sentence was imposed was committed
before 1 January 1999. A recall during a period of suspension of an ACR licence
will be dealt with by the magistrates' courts. Cases will be prosecuted by the
Probation Officer or Social Worker supervising the licence and can only run from
the point they are proved in court. The recall period is served in full and is not
subject to any early release provisions. Cases can be heard in absentia. In these
cases, the prisoner must be considered to be unlawfully at large from the date of
the recall order being issued by the court.
6.2.2 The Magistrates’ Court may suspend the licence for any period within the balance
of the outstanding licence period, up to a maximum of 6 months. The prisoner will
then be detained for this period, in pursuance of the original sentence. For
prisoners whose offences were committed before 30 September 1998, if the new
release date falls before the original LED, the prisoner will be released on licence to
the LED. For prisoners whose offences were committed on or after 30 September
1998, the prisoner will always be released on licence to the original SED.
6.3
Prisoners released on licence: licence revoked by Secretary of State (section
39 of the 1991 Act)
6.3.1 This applies to all prisoners sentenced to a term of 4 years or more. It also applies
to prisoners sentenced to a term of 12 months or more, but less than 4 years, if the
offence for which the sentence was imposed was committed on or after 1 January
1999.
6.3.2 If a prisoner is released on parole licence and that licence is subsequently revoked
the prisoner will, on return to prison, continue to serve the original sentence and
may be detained until the original LED. The NPD no longer applies.
6.3.3 There is no minimum period of detention following revocation. Original release
dates will be extended by any period unlawfully at large. Prisoners whose offences
were committed before 30 September 1998 will be released unconditionally.
Prisoners whose offences were committed on or after 30 September 1998 will be
released on licence to the SED. If those prisoners are recalled again, they would
then be released unconditionally at the end of the sentence.
6.4
Prisoners returned to prison for an offence committed during the ‘at risk’
period
(section 116 of the 2000 Act, formerly section 40 of the 1991 Act)
6.4.1 If a prisoner commits an imprisonable offence during the at risk period of an earlier
sentence, and is subsequently convicted of that offence, a court can make an order
(under section 116) for him or her to be returned to prison for the whole or any part
of the period which begins with the date of the order and is equal in length to the
period between the date the new offence was committed and the sentence
expiry date of the earlier sentence. Where the precise date of the offence is not
known by the court, but it is known that it was committed between two dates, the
later date is treated as the date of the offence for the purposes of a section 116
order. A section 116 order does not have to be imposed before the SED of the
earlier sentence.
6.4.2 A Magistrates’ Court does not have the power to return a prisoner for a period of
more than six months but may commit the prisoner in custody, or on bail, to the
Crown Court if the ‘at risk’ period is greater.
6.4.3 The section 116 order will be treated as a sentence of imprisonment for the
purposes of calculating release dates. Early release provisions therefore apply to it
in the normal way, as though it was a sentence starting on the day it was imposed
(but see the exception at paragraph 6.4.6 below). It will commence on the day the
court orders a return to prison. It will, as the court directs, be served before and be
followed by, or be served concurrently with, any sentence imposed for the new
offence.
6.4.4
The section 116 term is treated as forming a single term with any other sentence
imposed on the same occasion. This new single term does not supersede or take
the place of the original sentence, and any unexpired part of the original sentence
will continue to run.
6.4.5
Any remand time relevant to the new offence will be credited against the single
term in the usual way.
Example 20
S1
PED1
LED1
SED1
recall
S2 (s.116 term)
S3
Shortly after being released from sentence S1, the offender re-offends and has his
licence revoked. He is recalled, is given a section 116 term (S2) by a court and a
new sentence S3, to run concurrently to the section 116. S2 and S3 form a single
term. However, this single term does not form a single term with S1 (in respect of
which the prisoner has been recalled). So S1 and the single term comprised of S2
and S3) run in parallel. In this case, the prisoner is liable to stay in custody after
the custodial part of the single term of S2 and S3 has been served because the
recall period extends beyond the release date in respect of the single term of S2
and S3. The offender will then be ‘at risk’ until SED1 (if the offence was committed
before 30/9/98) or under supervision (if the offence was committed on or after
30/9/98).
6.4.6 For prisoners whose offences were committed after 30 September 1998, if the
section 116 term, together with any new sentence imposed, amounts to a term of
12 months or less, the prisoner will be automatically released on licence once he
has served one-half of that period. This licence will remain in force for a period of 3
months . Prisoners in this category whose offences were committed before 30
September 1998 will be released unconditionally at the half-way point of their
sentence.
Link back to Contents
CHAPTER 7
7.1
UNLAWFULLY AT LARGE
General remarks
7.1.1 When a sentenced prisoner (including a fine defaulter, a contemnor or a civil
prisoner) has been unlawfully at large (UAL) from prison and is then returned to
custody, the period of absence will not be treated as part of the sentence served
unless the Justice Secretary directs that it should. In exceptional circumstances, it
may be appropriate to allow a period spent UAL to count towards completion of the
sentence. Each case will be considered on its individual merits, having regard to
the following factors : The length of time before the prisoner is informed that they are UAL
In cases of erroneous release, if the prisoner is informed that they are UAL
relatively quickly, then their case may be less deserving than those who are
informed after a lengthy period.
 The extent to which the prisoner has been severely disadvantaged by
their return to custody
For example, if the prisoner will lose irreplaceable employment and
accommodation links.
 Whether the prisoner has deliberately withheld knowledge of the error
If it can be established that the prisoner was well aware that they were
released too soon then this would render the exercise of the Secretary of
State’s discretion inappropriate
 Public protection issues
Consideration must be given to the circumstances of a prisoner’s release, in
particular the security conditions under which they were held immediately prior
to release, and any outstanding and existing risk factors.
 Family issues
Where the prisoner is a primary carer, regard must be paid to the care and
wellbeing of the child or other person for whom they have been caring.
Only in very exceptional circumstances would the Justice Secretary consider
allowing UAL time that equated to more than 25% of the sentence term to count
against sentence.
[Paragraph 7.1.1 replaced 04/06/08 to conform with PSI 20/2008]
7.1.2 Short periods (less than one month) of UAL may be allowed to count at the
discretion of the Area Manager. Longer periods will require Ministerial approval on
the recommendation of the Area Manager. There is no Royal Warrant involved in
allowing time spent UAL to count against sentence, which is distinct from the
exercise of the Royal Prerogative. A note signed by the Area Manager confirming
the decision must be sent to the establishment. This must be filed securely on the
prisoner’s Custodial Documents File.
7.2
Calculation of the period unlawfully at large
7.2.1 The period unlawfully at large will extend all release dates (including the SED),
when the prisoner is returned to custody . At the point at which the UAL period
begins, the sentence is in effect frozen.
7.2.2 Where a prisoner has escaped, both the day of escape and the day of recapture
will count as part of the custodial period of the sentence. If an escaped prisoner is
in police detention after escape but before returning to prison this period will count
as part of the custodial period of the sentence.
7.2.3 Where a prisoner has failed to return on time from a period of temporary release,
he or she will be unlawfully at large. For sentence calculation purposes the first
day of UAL time will be the day after he was due to return to custody or the day
after the date the licence was withdrawn by the issuing prison. The last day of UAL
time will be the day before recapture or surrender.
For example:
A prisoner is due to return on 14.04.03 but is not back in custody until 22.04.03. In
this case there will be 7 days UAL (15 to 21.04.03 inclusive).
7.2.4 A prisoner who has had a licence revoked whilst not in custody will be deemed to
be unlawfully at large. For sentence calculation purposes the first day of UAL time
will be the day following the revocation of licence. The last day of UAL will be the
day before arrest.
For example:
A prisoner’s licence is revoked on 26.03.03. He is arrested and returned to custody
on 07.05.03. In this case there will be 41 days UAL (27.03.03 to 06.05.03
inclusive).
7.2.5 A sentenced prisoner recaptured in a foreign country, including the Irish Republic,
will not normally have time spent in detention pending extradition counted towards
sentence on return to custody in the UK. However, he or she may make application
for the Home Secretary to direct that the time should be counted, under the power
referred to in paragraph 7.1.1 above.
7.3
Effect of being unlawfully at large on consecutive sentences
7.3.1 If a prisoner has been unlawfully at large and subsequently receives a consecutive
sentence, the sentence will be calculated in the normal way from the date of the
original sentence. The resulting release dates will be extended by the period
unlawfully at large.
7.4
Effect of being unlawfully at large on concurrent sentences
7.4.1 If the prisoner receives a concurrent sentence that overlaps the re-calculated SED
after UAL has been added, the following will apply:
(i)
(iii)
if the period UAL occurred after the imposition of the latest concurrent and
overlapping sentence, release dates on the single term will already have
been calculated. The number of days UAL must be added to these dates.
if the prisoner receives a concurrent and overlapping sentence after a period
UAL, a net single term must be used as the calculation period (see example
below). The net single term will also determine the release scheme. The
release dates calculated must then be extended by the period UAL.
Example 21 Prisoner escapes and is at large for 3 months
(i)
initial sentence profile before escape (12 month sentence imposed on 1
January 2001, so ARD is 1 July 2001):
S1
ARD
SED1
(ii)
sentence profile after escape and recapture (prisoner escapes after 3
months, UAL for 3 months: on recapture ARD and SED1 are extended by 3 months
to 1 October 2001 and 31 March 2002 respectively):
S1
UAL
ARD
SED1
(iii)
sentence profile after new 12 month concurrent sentence imposed on 31
July 2001 (one month after recapture):
S1
UAL
ARD
S2
SED1
SED2
The net single term is the period from S1 to SED2, minus the UAL period (i.e. 19
months minus 3 months = 16 months). The release date is now the half-way point
of the single term, which is extended by the UAL period (i.e. 8 months plus 3
months = 11 months). The single term release date is therefore 29 November
2001).
7.5
Absconders from other UK jurisdictions
7.5.1 Absconders from prison establishments in other UK jurisdictions must be received
by an establishment in England and Wales, if they are apprehended by the police in
England and Wales.
Link back to Contents
Chapter 8
8.1
Appeals
General remarks
8.1.1 An appeal can result in an increase as well as a decrease in a sentence length .
8.1.2 Where a prisoner has served a period of imprisonment which has been annulled by
virtue of a court subsequently reducing or overturning the sentence on appeal, any
remand time which was served at the same time as the annulled period of
imprisonment cannot retrospectively be treated as reducing a subsequent sentence
to which it is relevant.
8.2
Crown Court
8.2.1 Crown Courts hear all cases on appeal from the magistrates’ or youth court afresh
and such cases represent a completely new hearing.
8.2.2 Where the Crown Court dismisses the appeal, or re-imposes the same sentence,
there is no effect on the sentence calculation and no action needs to be taken
(unless the prisoner was bailed pending appeal, in which case the period spent on
bail must be added to the original release dates).
8.2.3 Where the Crown Court imposes a sentence of a different length from that imposed
by the lower court, the release dates will be calculated as follows:
8.3
(a)
determine the number of days in the sentence imposed by the Crown Court,
reckoned from the date of the determination of the appeal;
(b)
deduct any remand time applicable to the original sentence;
(c)
deduct the term already served, unless the Court orders otherwise , in which
case deduct only the period specified by the Court;
(d)
calculate the appropriate release dates on the balance of the sentence.
Court of Appeal (Civil and Criminal Divisions)
8.3.1 These courts review the previous hearing.
8.3.2 Where the Court of Appeal varies a sentence the new sentence will be calculated
as commencing from the date of the original sentence, unless the Court orders
otherwise.
8.3.3 Where a prisoner serving concurrent or consecutive sentences appeals against one
of the sentences and it is quashed on appeal, it will be treated as a nullity and the
remaining sentence(s) will be recalculated as though the quashed sentence had
never been imposed. Such cases should be referred to the sentence calculation
helplines at headquarters for advice on the calculation of the amended single term.
8.3.4 Where a custodial sentence is substituted for a non custodial sentence it will run
from the date of the original sentence unless the court directs otherwise .
8.4
House of Lords
8.4.1 An appeal to the House of Lords must involve a fundamental point of law. Such
cases are comparatively rare. A House of Lords judgment has the same effect, for
the purposes of sentence calculation, as a judgment in the Court of Appeal as
described above.
Link back to Contents
Chapter 9
9.1
Additional days awarded
General remarks
9.1.1 Added days awarded by a GOVERNOR on adjudications that took place on or
after 2 October 2000 must not be applied to any calculation of CURRENT
serving prisoners.
Added days awarded BEFORE 2 October 2000 must be calculated according
to the following guidance.
9.2
If a prisoner is found guilty of a breach of Prison Rule 51 or Young Offender
Institution Rule 55, that prisoner, or young offender, serving a determinate
sentence (other than a young offender serving a DTO ) may be ordered to serve
additional days. Additional Days Awarded (ADAs) will be added to all release
dates except the SED. The imposition of ADAs cannot take the release date or
licence expiry date beyond the SED.
9.3
A prisoner on remand may be awarded Prospective Additional Days (PADAs).
Should the prisoner subsequently receive a custodial sentence for the offence for
which he was remanded, the release dates will be deferred by the number of
PADAs. (Special provisions exist for pre-1991 Act prisoners as at 1October 1992 see the Prison Discipline Manual)
9.4
Where a prisoner is deemed to have served his sentence on remand but there are
PADAs to be taken into account, PADAs must be added to the release date before
remand time is deducted.
Example 22
A prisoner has been on remand for 25 days, then receives a 42 day sentence. He
had 7 days’ PADAs awarded while on remand. These 7 days are added to the halfway point of the sentence (21 days) to give a total custodial term of 28 days.
Remand time is then deducted, so the prisoner’s release date is 3 days after being
sentenced.
9.5
Where a sentenced prisoner is given ADAs and subsequently receives an
overlapping concurrent sentence, the single term will be calculated in the normal
way. The resultant release dates on the single term, other than the SED, will be
deferred by any unserved ADAs.
9.6
Where a prisoner is recalled under section 38 or section 39 (parole recall) of the
1991 Act, ADAs will extend the re-release date, but not the SED.
Example 23
S1
CRD1
LED1
SED1
recall
S2
ARD2
SED2
ADAs
The prisoner is released on licence from the custodial part of S1. A short time later,
he is recalled to prison until LED1 and subsequently receives a new sentence S2
(which is less than 12 months). He then receives ADAs, which extend both the
period of recall under S1 (LED1) and the release date under S2 (ARD2)
9.7
A prisoner may have ADAs remitted or adjudications for which he or she has
received
punishments of ADAs quashed. In such cases all release dates
affected by ADAs will be reduced by the number of days returned.
9.8
Any queries about ADAs should be addressed to the Discipline Policy Section in
Prison Service headquarters, Room 707A, Cleland House, telephone 020 7217
2908.
Link back to Contents
Part III
Special categories of cases
Chapter 10
10.1
Prisoners transferred from other jurisdictions
General remarks
10.1.1 Prisoners may be transferred to England and Wales from:
10.2

Scotland, Northern Ireland, Jersey, Guernsey or the Isle of Man under
Schedule 1 of the Crime (Sentences) Act 1997

Foreign jurisdictions under the Repatriation of Prisoners Act 1984

Foreign jurisdictions under the Criminal Justice (International Co-operation)
Act 1990

British Dependent Territories under the Colonial Prisoners’ Removal Act
1884.
Transfers under the Crime (Sentences) Act 1997
10.2.1 The provisions of the Crime (Sentences) Act 1997 relating to the transfer of
prisoners between United Kingdom jurisdictions (England and Wales, Scotland and
Northern Ireland) and the Islands (Jersey, Guernsey and the Isle of Man) are used
primarily to facilitate family contact, enabling prisoners to transfer to another
jurisdiction either to complete their sentence, or for time limited periods in order to
receive accumulated visits. Prisoners may also be transferred under the Act for
judicial purposes.
10.2.2 Transfers under the Crime (Sentences) Act 1997 are made on either an
unrestricted or a restricted basis. Warrants issued to effect transfers should
make it clear whether the transfer is unrestricted or restricted.
10.2.3 Where transfers are made on an unrestricted basis, the continued administration
of the prisoner’s sentence becomes a matter entirely for the receiving jurisdiction.
Prisoners transferred to England and Wales on an unrestricted basis must therefore
have their release dates recalculated as if they had been sentenced by a court in
England and Wales. Allowance must, however, be made for any time spent in
custody before sentence only if that time has been allowed in the jurisdiction in
which the prisoner was sentenced.
10.2.4 Where a prisoner is transferred to England and Wales on a restricted basis - for
either a limited or an unlimited period - the release dates of the sending jurisdiction
continue to apply, subject to paragraph 10.2.5 below. All actions relating to a
prisoner’s release, such as consideration for release on parole licence, preparation
and issuing of licences, are a matter for the sentencing jurisdiction. Prisoners
transferred on a restricted basis who have a parole eligibility date should therefore
not be considered for parole by the Parole Board of England and Wales.
10.2.5 The release dates of restricted transferees must be adjusted following the
imposition, or remittance, of additional days awarded or days unlawfully at large.
10.2.6 The current release arrangements in the other UK jurisdictions and the Islands are
as follows:
Scotland
Prisoners sentenced to 4 years and over are automatically released once they have
served two-thirds of their sentence and are on licence up to the Sentence Expiry
Date. Such prisoners are also eligible for consideration for release on parole
licence once they have completed half of their sentence.
Prisoners sentenced to a term of less than 4 years are unconditionally released
once they have served half of their sentence. They are not subject to any licence
conditions.
Northern Ireland
All determinate sentence prisoners sentenced to a term of imprisonment in
Northern Ireland
are automatically released once they have served half of their
sentence. They are not subject to any licence conditions.
Jersey
All determinate sentence prisoners sentenced to a term of imprisonment in Jersey
are automatically released once they have served two-thirds of their sentence.
They have no eligibility for release on parole licence and are not subject to any
licence conditions.
Guernsey
All determinate sentence prisoners sentenced to a term of imprisonment in
Guernsey are automatically released once they have served two-thirds of their
sentence. Prisoners serving sentences of 18 months or more are eligible for
consideration for release on parole licence once they have served one third of their
sentence.
Isle of Man
The release arrangements applicable in the Isle of Man mirror those applicable in
England and Wales.
10.3
Transfers under the Repatriation of Prisoners Act 1984
10.3.1 Provision exists under the Repatriation of Prisoners Act 1984 for prisoners to be
transferred to England and Wales from foreign jurisdictions in order to complete
their sentence in this jurisdiction. Release dates for these prisoners, who initially go
to either Wandsworth or Holloway Prison following their arrival in this country, are
calculated by the Cross Border Transfer Section at Prison Service headquarters.
The establishments concerned are notified of prisoners’ release dates shortly
before their arrival.
10.3.2 The warrant authorising a prisoner’s return to, and detention in, the United Kingdom
will specify a term to be served in the UK. The automatic release arrangements
which apply in England
and Wales are applied to this period.
10.3.3 Long-term prisoners will be automatically released after serving two-thirds of the
term specified in the warrant; the licence expiry date will fall at the three-quarters
point; and the sentence expiry date at the completion of the stated term. These
dates will be calculated from the date of the prisoner’s arrival in the UK. Long-term
prisoners will be eligible for
consideration for release on parole licence after
serving half of the full sentence imposed in the foreign jurisdiction, running from the
date of sentence in the foreign jurisdiction or from the date of first reception into
custody there if that jurisdiction makes allowance for time spent on remand.
10.3.4 Short-term prisoners will be eligible for automatic release once they have served
half of the
term specified in the warrant and will remain on licence until they have
served three-quarters of that term. The release dates will be calculated from the
date of the prisoner’s return to the UK.
10.3.5 The release dates of any repatriated prisoner must be amended locally if the
prisoner has had a disciplinary award of additional days or has been unlawfully at
large.
10.4
Transfers under the Criminal Justice (International Co-operation) Act 1990
10.4.1 Prisoners may be transferred to England and Wales from foreign jurisdictions under
the provisions of the above Act for a limited period in order to appear as witnesses
at criminal trials. No action by establishments in respect of release dates is
required.
10.5
Transfers under the Colonial Prisoners Removal Act 1884
10.5.1 The Colonial Prisoners’ Removal Act 1884 makes provision for prisoners to be
permanently transferred to the United Kingdom from British Dependent Territories
whose own prison facilities are either non-existent or cannot meet an individual
prisoner’s needs. Prisoners transferred to England and Wales under this Act must
have their release dates calculated as if they had been sentenced by a court in this
jurisdiction. Allowance must be made for any time spent in custody before
sentence only if that time has been allowed in the jurisdiction in which the prisoner
was sentenced, as with prisoners transferred under the Crime (Sentences) Act
1997.
10.6
Queries about transferred prisoners
10.6.1 Any queries relating to the sentence calculation of transferred prisoners should be
directed to the Cross Border Transfer Section at Prison Service headquarters
(telephone: 020 7217 2929; fax: 020 7217 6732).
Link back to Contents
Chapter 11
11.1
Extended sentences
General remarks
11.1.1 The Powers of Criminal Courts (Sentencing) Act 2000 gives the courts the power to
add a period of extended post-release supervision to the sentence it would normally
impose on a person convicted of a sexual or violent offence . In such cases, the
court may pass an extended sentence. Such a sentence can only be imposed in
respect of an offence committed on or after 30 September 1998. For sexual
offences committed before this date, section 86 of the 2000 Act gives the courts
power to extend the licence period to the end of the sentence. This was covered in
paragraph 5.5.2 above; the rest of this Chapter deals with extended sentences
under section 85 of the 2000 Act (previously section 58 of the Crime & Disorder Act
1998), which applies to sexual or violent offences committed on or after 30
September 1998.
11.1.2 An extended sentence consists of the normal period of imprisonment and
supervision which would apply under the 1991 Act (the custodial term), and a
further period for which the offender is to be subject to licence (the extension
period).
11.1.3 Where the offence is a violent offence, an extended sentence can be passed only if
the custodial term is 4 years or more. There is no minimum term in respect of a
sexual offence. The maximum extension period is 10 years in the case of a sexual
offence and 5 years in the case of a violent offence. An extended sentence must
remain within the maximum penalty that is available for the offence in question.
11.2
Calculating release dates on an extended sentence
11.2.1 The warrant made by the court will give a break-down of the extended sentence
into the custodial term and the extension period. The release dates will be
calculated as follows:
(i)
calculate the release dates (i.e. ARD or CRD/LED/SED for up to 4 years;
PED/NPD/LED/SED for 4 years or over) in respect of the custodial term in the
normal way (as though the custodial term were a normal sentence);
(ii)
add the extension period to the LED and SED dates to produce the LED and
SED for the extended sentence.
11.2.2 Thus the length of the custodial term determines whether the prisoner is a shortterm or long-term prisoner for the purpose of determining release dates. Where the
custodial term is less than 12 months, with no licence period, the extension period
is added to the ARD to produce the LED for the extended sentence.
Example 24
On 1January 2001, a prisoner is given a 14 year extended sentence, comprising a
6 year custodial term and an 8 year extension period. There has been no period
spent on remand.
In respect of the custodial term, the PED, NPD, LED and SED are at the half-way,
two-thirds, three-quarters and end points respectively, as usual. They are therefore
31 December 2003, 1 January 2005, 1 July 2005 and 31December 2006
respectively. The 8 year extension period must then be added to the LED and
SED, as shown below:
S
PED
NPD. . `normal’ LED
extended LED
SED
This gives the following dates in respect of the 14 year extended sentence:
PED
NPD
31 December 2003
1 January 2005
LED
SED
1 July 2013
31 December 2014
11.3
Effect of an extended sentence on other sentences
11.3.1 The criteria for deciding whether an extended sentence is to be treated as a single
term with another sentence are the same as apply in relation to any other
sentences.
11.3.2 However, where they are to be treated as a single term, only the custodial term of
the extended sentence forms part of the single term. The extension period
remains outside the single term calculation. Any instances where two or more
extended sentences are to be treated as a single term with each other should be
referred to the sentence calculation helplines at Prison Service headquarters.
Example 25
On 1 January 2001, a prisoner is given a 14 year extended sentence, comprising a
6 year custodial term and an 8 year extension period (as in Example 21). At the
same time a normal 6 year sentence is imposed to run consecutively to the
extended sentence.
There is therefore a single term of 12 years comprising the normal sentence and
the custodial term of the extended sentence. Release dates in respect of the single
term are calculated in the normal way. The single term’s LED and SED are then
extended by the 8 year extension period
This gives the following final release dates:
PED
NPD
LED
SED
31 December 2006
31 December 2008
31 December 2017
31 December 2020
11.4 An extended sentence which overlaps with another sentence but there is no
single term
11.4.1 Where an extended sentence is imposed on a prisoner after he or she has been
released from the initial custodial part of another sentence, but before he or she
has reached the sentence expiry date of that sentence, the new extended sentence
will not be treated as a single term with the earlier sentence. It will be treated in the
same way as two normal sentences which overlap but do not form a single term
(see Chapter 6).
11.4.2 The same applies where a normal sentence is imposed on a prisoner after he or
she has been released from the initial custodial part of an extended sentence. For
example, after the prisoner has been released from the new sentence, it may be
that the licence period of the extended sentence will extend beyond the licence
period of the new sentence.
11.5
Unlawfully at large and additional days awarded
11.5.1 A period spent unlawfully at large will extend all release dates in the normal way.
Additional days awarded will, in the normal way, extend all release dates except the
SED.
11.6
Return to prison of extended sentence prisoners released on licence
11.6.1 Extended sentence prisoners are liable to be returned to prison under section 116
of the 2000 Act in the same way as other prisoners. Where an imprisonable
offence is committed after the prisoner has been released from an extended
sentence but before the sentence expiry date (which includes the extension period),
a court can impose a section 116 term for any period from the date of offence to
the sentence expiry date.
11.7
Recall to prison of extended sentence prisoners released on licence
11.7.1 If a prisoner serving an extended sentence is released on licence, he or she will be
liable to recall to prison in accordance with section 39 of the 1991 Act. Cases of
prisoners recalled in these circumstances should be referred to Sentence
Enforcement Unit for advice.
Link back to Contents
Chapter 12
12.1
Courts martial
General remarks
12.1.1 A sentence of imprisonment imposed by a court martial or standing civilian court
will commence on the date it is imposed. This sentence must be treated as if it was
imposed by a court for the purposes of sentence calculation and release
arrangements.
12.2
Time spent in custody prior to court martial
12.2.1 Where an offender is serving a sentence of imprisonment imposed by a court
martial or standing civilian court, any time spent in custody before sentence is not
treated as reducing the sentence imposed (it is for the court to take account of this
in determining the length of sentence).
12.3
Appeals
12.3.1 A person found guilty by a court martial may appeal under the following
circumstances:
(a)
if he pleaded guilty, appeal may be made against sentence. If successful,
this will betreated, for sentence calculation purposes, as a Crown Court
appeal;
(b)
if he was found guilty, appeal may be made against both conviction and
sentence. If successful this will be treated, for sentence calculation
purposes, as a Court of Appeal.
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Chapter 13
13.1
Special remission
Errors in calculation
13.1.1 If a mistake in calculation which changes a prisoner's release date is found to have
been made, immediate action must be taken to rectify it. If there is any doubt, the
sentence calculation helplines in headquarters must be consulted before the
release dates are changed.
13.1.2 The prisoner must be informed of any revised dates, and given the reasons for
them, and the calculation sheet annotated to show the reason for the change.
Correction results in release date being brought forward
13.1.3 If the recalculation means that the prisoner should already have been released, he
or she must be released as soon as this can be arranged. Proper discharge and
supervision arrangements must have been put in place. If a prisoner claims
compensation for unlawful detention for the period in question, the matter must be
referred to the Deputy Director General’s Briefing and Casework Unit or the
Directorate of High Security Prisons to consider.
Correction results in release date being deferred
13.1.4 Where a prisoner has been given to understand for several months that he or she
will be released on a date before the correct release date, consideration must be
given to whether the sentence imposed should be served up to the correct release
date or whether the period in question should be cancelled out by the exercise of
the Royal Prerogative of Mercy (sometimes referred to as ‘special remission’). The
decision whether to seek the exercise of the Royal Prerogative in such cases must
take account of the relevant circumstances, balancing the expectations or distress
of the prisoner and his or her family against the obligations on the Prison Service to
ensure that the sentence of the court is implemented. The Royal Prerogative
cannot be exercised lightly: each case must be carefully considered on its
individual merits .
13.1.5 The issue that must be determined is whether public faith has been pledged to
such an extent as to justify the validation of the incorrect release date.
Consideration must be given as to whether the relevant sentencing court should be
consulted. Depending on the circumstances, the following factors may need to be
taken into consideration:
1.
The length of time the prisoner has been under a misapprehension
If the error is discovered and rectified soon after it was made, then the prisoner is
unlikely to have suffered any substantial disappointment and special remission
would not normally be granted. If, however, the mistake is not discovered until
shortly before the date on which he or she expects to be released or the prisoner
was given the date some time before being released then there may be a case for
granting remission. There are no hard and fast rules; individual cases must be
considered on their merits and in the light of precedents.
2.
The extent to which the prisoner has made plans for release on the
incorrect date
If the prisoner has no family or job to go to and the mistake results only in a
measure of personal disappointment, without affecting his or her future plans, the
case for remission is weakened. If, on the other hand, the prisoner has made
domestic plans or has secured an offer of employment which may be lost if he or
she is not released to take it up, the grounds for remission are stronger.
3.
Whether the prisoner has deliberately withheld knowledge of the error
Occasionally, a prisoner who is well aware of the true extent of his or her sentence
may deliberately remain silent in the hope of benefiting from an undiscovered error.
This would weigh against the granting of remission.
4.
The length of time or proportion of the sentence that would not be
served
Only in very exceptional circumstances would a liability to serve more than 25% of
the term imposed by the court or a period of more than 2 months be cancelled by
exercise of the Royal Prerogative. Where, exceptionally, this is considered
appropriate, the views of the sentencing court must be obtained.
13.1.6 A decision to seek validation of an incorrect release date through exercise of the
Royal Prerogative of Mercy must not be made at a level below Area Manager.
Requests for the exercise of the Prerogative are made to Ministers by the Area
Manager through the Briefing & Casework Unit or the Directorate of High Security
Prisons. Where the period involved is one month or longer, the request to exercise
the Royal Prerogative Mercy is made through the Justice and Victims Unit of the
Home Office. If the Prerogative is exercised, a Royal Warrant is produced and sent
to the establishment. The Warrant must be filed securely on the prisoner’s
Custodial Documents File.
13.1.7 Normally the Royal Warrant will be sent to the establishment concerned before a
prisoner
needs
to be released. But there may be occasions, when a
mistake has passed unnoticed for some considerable time, when the Royal
Prerogative needs to be exercised retrospectively. Once
Ministers
have
decided to authorise recourse to the Royal Prerogative, the Governor may
be
instructed to release the prisoner as soon as possible without necessarily waiting
for the Warrant.
Prisoner released in error
13.1.8 Where it comes to light that a prisoner has been released too early, consideration
must be given as to whether to instruct the police to return the prisoner to prison to
serve the outstanding part of the sentence. The criteria for deciding whether to
recall the person are the same as those set out in paragraph 13.1.5 above. Where
the Area Manager decides that the person should not be recalled, the exercise of
the Royal Prerogative will need to be sought to validate the incorrect release. The
procedures for seeking a Royal Warrant are the same as those described above.
Calculation of special remission
13.1.9 The period of special remission to be applied must be the minimum required to
produce the desired effect. The period must be calculated as follows:
A
=
Number of days in box A on calculation sheet
B
=
Number of days to correct ARD, CRD, NPD, PED
C
=
Number of days difference from date given to correct ARD,
CRD, NPD, PED
D
=
B - C to give a new total
E
=
Number of days remand (or police custody time) + D
F
=
100% of E for ARD, CRD, PED
50% of E for NPD
G
=
E + F = new sentence length
H
=
A-G=
number of days special remission required
13.1.10
A calculation must now be done on the new sentence length.
13.1.11
If the new sentence length results in the prisoner changing from a long term
prisoner (serving a sentence of 4 years or more) to a short term prisoner
(serving a sentence of less than four
years) advice must be sought from
the sentence calculation helplines at headquarters.
13.2
Special remission for meritorious conduct
13.2.1 Where a governor recommends that a prisoner is to be rewarded by early release
for meritorious conduct, the relevant documents must be sent to the Briefing and
Casework Unit or the Directorate of High Security Prisons. The case for early
release will then be put to the Area Manager to approve (or not, as the case may
be) the recommendation and the number of days early release.
13.2.2 The following formula must be used to calculate the amount of special remission
needed to
result in early release of the prisoner by the agreed number of days.
A
=
Number of days in box A on calculation sheet
B
=
Number of days to ARD, CRD, NPD, PED
C
=
Number of days earlier release approved
D
=
B - C to give a new total
E
=
Number of days remand (or police custody time) + D
F
=
100% of E for ARD, CRD, PED
50% of E for NPD
G
=
E + F = new sentence length
H
=
A - G = number of days special remission required
13.2.3 A calculation must now be done on the new sentence length.
13.2.4 As in the case of errors (paragraph 13.1.11 above), if the new sentence length
results in the prisoner changing from a long term prisoner to a short term prisoner,
advice must be sought from the sentence calculation helplines before any further
action is taken.
13.2.5 No change should be made to the prisoner’s existing dates until the Royal
Prerogative of Mercy has been exercised.
13.3
Table for calculations
13.3.1 A table for calculating periods of special remission is at Annex D.
Link back to Contents
Chapter 14
14.1
Young offenders
General remarks
14.1.1 Young offenders may receive three kinds of determinate sentence:
(a)
Detention in a Young Offender Institution (DYOI).
Until 1 April 2000, DYOI could be imposed on young offenders aged at least
15 but under 21 at the date of conviction. Since 1 April 2000, DYOI can only
be imposed on such offenders aged at least 18 but under 21 at the date of
conviction.
(b)
A sentence for offenders under 18 convicted of certain serious offences,
under section 91(3) of the 2000 Act (formerly section 53(2) of the Children
and Young Persons Act 1933)
(c)
A Detention and Training Order (DTO)
Since 1 April 2000, offenders aged under 18 at the date of conviction who
the court considers should receive a custodial sentence for offences which
are not sufficiently serious to fall within (b) above must be sentenced to DTO.
14.1.2 The framework for calculating the release dates of young offenders serving
determinate sentences under (a) and (b) above is largely the same as that for
adult prisoners. However, where sentences of DYOI were imposed on those
aged under 18 at the date of conviction, i.e. prior to 1 April 2000, there were
statutory limits on the duration of any sentences that could be imposed: the
maximum term of detention was 24 months.
A court could not increase a
sentence beyond 24 months by imposing a consecutive or concurrent and
overlapping sentence. If such a sentence was imposed, the period exceeding 24
months must be disregarded and the sentence treated as a 24 month sentence.
For these purposes, any section 116 order is treated as a sentence and therefore
forms part of the 24 month period.
14.1.3 The minimum sentence of DYOI in respect of an offence for an offender under 18
years of age is two months , except for a supervision order under section 65 of the
1991 Act or in the case of fine defaulters and contemnors. Prisoners under 18
years of age serving 12 months or less will be treated under the automatic
unconditional release scheme.
14.2
Sentence of DYOI: offenders aged 18, 19, and 20
14.2.1 For offenders aged 18 to 20 years old inclusive on conviction, there was and is no
upper limit on the length of sentence other than that specified for a particular
offence. The minimum sentence is 21 days.
14.3 Sentence of detention under section 91(3) of the 2000 Act
14.3.1 Section 91 of the 2000 Act makes provision for punishment of certain grave crimes
by those who were under the age of 18 at the time the offence was committed.
These offenders may receive a determinate sentence of any length decided by the
sentencing court.
14.3.2 Calculation of release dates will be the same as for other determinate sentences.
The sentence length will determine the release scheme and all sentences will be
subject to the awarding of Additional Days (since 1 April 2000, only those over 18
may be awarded these ).
14.3.3 The cases of any young offenders who receive a new sentence while they are still
serving a sentence which was imposed before 1 October 1992 must be referred to
the sentence calculation helplines at headquarters.
14.4
Remand time
14.4.1 A sentence will be reduced by remand time in the normal way (as applicable to
prisoners over 21).
14.4.2 Time spent by a juvenile remanded to local authority accommodation can count to
reduce the subsequently imposed sentence only if the accommodation was secure
accommodation, certified as such by the Secretary of State . A list of all registered
approved secure accommodation is set out at Annex E.
14.4.3 Juveniles must be asked on reception whether they have been held in local
authority accommodation prior to being sentenced and, if so, the name of the
establishment and the period(s) held. If a juvenile says he or she was held in any of
the establishments listed at Annex E, confirmation must be obtained from the
establishment that he or she was held there on remand during the periods
mentioned by the juvenile. If confirmation is received, the period(s) must be credited
to reduce the sentence, provided that the time is relevant in accordance with the
normal rules on the crediting of remand time.
14.5
Supervision after release
14.5.1 All Young Offenders are subject to supervision of at least 3 months following
release.
14.5.2 The release scheme licence operates in exactly the same way as for adults,
including the minimum requirement for supervision.
14.5.3 But where the release scheme licence expires less than 3 months from release or
there is no release scheme licence, a young offender is subject to a supervision
order (under section 65 of the 1991 Act) which begins on the expiry of the licence
period (or on release if there is no licence period) and ends 3 months after release
or on their 22nd birthday, whichever is the sooner.
14.5.4 A failure to comply with a supervision order may result in the person receiving
either a fine or a term of imprisonment, up to a maximum of 30 days. The prisoner
will receive the normal early release provisions on this term and will not be further
released under supervision.
14.6
Detention and Training Orders
14.6.1 The Detention and Training Order (DTO) scheme provides a sentencing structure
for young persons who committed offences on or after 1 April 2000. DTOs are
considered in the next chapter.
Link back to Contents
Chapter 15
15.1
Detention and Training Orders
General remarks
15.1.1 Offenders aged under the age of 18 on the date of conviction who are given a
custodial sentence will be given a DTO, subject to exceptions such as Detention at
Her Majesty’s Pleasure and detention under section 91(3) of the Powers of Criminal
Courts (Sentencing) Act 2000 (formerly section 53(2) of the Children and Young
Person’s Act 1933) .
15.1.2 The length of a DTO may be 4, 6, 8, 10, 12, 18 or 24 months . DTOs are divided
into two parts: a period of detention and training; and a period of supervision. The
custodial part of a DTO may be served in a YOI or other secure accommodation .
15.2
Calculating the release date
15.2.1 A DTO, like a sentence of imprisonment, normally begins on the date of imposition
by the court; it can never commence prior to imposition.
15.2.2 The release date of the offender will normally be the half-way point of the term of
the DTO . The legislation relating to DTOs does not specify how the half-way point
is to be determined. However, in the case of multiple and overlapping sentences
(see section 15.4 below) the only way to calculate the half-way point is by
converting into days. For consistency, the same procedure is to be adopted for all
DTO terms, whether single or multiple. To find the half-way point, the DTO must
therefore be converted to days, as with DYOI.
15.2.3 “Months”, in the context of DTOs, means calendar months . For example, 4 months
starting on 14 March runs to 13 July and 6 months starting on 31 August runs to 28
February. When a DTO begins on the first day of the month, it will run to the last
day of the final month, e.g. 4 months starting on 1 April runs to 31 July.
15.2.4 To determine the half-way point, take the number of days in the total term and
divide by two. Round up any odd half day to the next whole number. Then count
that number of days from the first day of the term. An offender is not entitled to be
released until the end of the last day of the custodial part of the DTO, but for
practical reasons he or she may be discharged at any time during that day (usually
in the morning, to allow time for travelling). In the case of prisoners whose release
dates fall on weekends or Bank Holidays, release dates must be brought forward to
the immediately preceding weekday which is not a Bank Holiday.
Example 26





An offender receives a DTO of 4 months on 1 May 2001
The term runs until 31 August 2001, giving a total of 123 days
Half of 123 is 61.5, which is rounded up to 62
62 days from 1 May gives a release date of 1 July 2001
1 July 2001 is a Sunday, so the offender is released from the custodial part
of the DTO on Friday 29 June 2001
Note: in most cases converting to days to calculate the release date will give the
same result as using whole calendar months. In this case, however, the two results
are slightly different: 1 July using days and 30 June using months. As explained in
paragraph 7 above, converting to days is the method to be used.
15.2.5 A calculation sheet for DTOs is at Annex F.
15.3
Remand and police custody time
15.3.1 In calculating the term of, or release date from a DTO, remand time and police
detention time are not credited against the DTO. The court should have taken any
such time that is relevant to the DTO into account when determining its length .
15.3.2 Additional days may not be added to the period a person must serve under a DTO .
15.4
Multiple DTOs
15.4.1 Offenders may receive more than one DTO. Subject to paragraphs 15.4.2 and
15.4.3 below, the court may order a DTO to commence on the expiry of any other
DTO to which the offender is subject, i.e. for it to run consecutively . Where the
court does not indicate whether a new DTO should be concurrent or consecutive to
an existing DTO, it must be treated as being concurrent.
15.4.2 The court should not make a DTO whose effect will be that the offender is subject
to a DTO, or DTOs, for more than 24 months; if it does so the term must be treated
as being one of 24 months. The 24 month limit applies only to the imposition of new
DTOs up to the end of the custodial period. After an offender has been released
from the custodial period, the offender may be made the subject of a further DTO,
or DTOs .
15.4.3 The court should not order a DTO to run consecutively to a previous DTO if the
offender has been released from the custodial part of the earlier DTO .
15.4.4 Consecutive DTOs, and DTOs which are wholly or partly concurrent, must be
treated as a single term for the purpose of calculating a release date if:
(a)
they were made on the same occasion; or
(b)
where they were made on different occasions, the offender has not been
released at any time during the period beginning with the first and ending
with the last of those occasions .
Single term: concurrent sentences
15.4.5 Where concurrent and overlapping DTOs are imposed, and the DTOs are single
termed, the length of the single term is from the date of imposition of the first DTO
to the latest end date of the DTOs.
Example 27


An offender is given a DTO of 6 months on 2 April 2001 (DTO 1)
He subsequently receives a further DTO of 6 months on 1 May 2001, to be
served concurrently (DTO 2). DTO 2 is imposed after DTO 1, but before the
offender has been released from the custodial part of DTO 1. There is
therefore a single term, namely the period from the date of imposition of
DTO 1 (2 April 2001) to the end date of DTO 2 (31 October 2001)
DTO 1
Half-way point of DTO 1
DTO 2
End of DTO 1
Half-way point of DTO 2
End of DTO 2
Half-way point of single term



The length of the single term determines the point at which the offender is
released from custody
Once the length of the single term has been determined in days, the halfway point is calculated in the same way as with a single DTO, as described
in paragraph 15.2.4 and Example 26 above
In this case, the single term is of 213 days, giving a half-way point of 107
days from 2 April. The offender is released from custody at that point, i.e. 17
July 2001.
Single term: consecutive sentences
15.4.6 DTOs which are to be served consecutively are, for the purpose of the calculation
of release dates, added together and treated as a single term equal to the
combined total of the DTOs. For example, two consecutive DTOs of 12 months will
result in a single term of 24 months.
15.4.7 This also applies where such DTOs are imposed by different courts on different
days, providing the offender has not been released at any time before the second
DTO was imposed and the warrant or court order clearly indicates that the DTOs
are to be served consecutively.
Example 28




An offender receives a DTO of 12 months on 2 April 2001 (DTO 1)
He then receives two further DTOs each of 4 months on 29 June and 20 July
respectively, both to run consecutively (DTO 2 and DTO 3)
In each case the consecutive term was imposed while the offender was still
serving the custodial part of a previous term
When the third DTO is imposed there is therefore a single term of 12 + 4 + 4
= 20 months
DTO 1
DTO 2
DTO 3
Half- way point of single term



15.5
The term runs from 2 April 2001 until 1 December 2002, giving a total of 609
days
Half of 609 is 304.5, rounded up to 305
305 days from 2 April 2001 gives a release date of 31 January 2002.
Early and Late Release
15.5.1 The release date under a DTO may be brought forward by the Secretary of State
as follows:
(a)
if there are exceptional circumstances justifying early release on
compassionate grounds ;
(b)
to reflect progress in custody,
(i)
by 1 month, in the case of an order for a term of 8 months or more but
less than 18 months; and
(ii)
by 1 or 2 months, in the case of an order for a term of 18 months or
more .
15.5.2 The release date under a DTO may be deferred by the order of a youth court, on an
application to it by the Secretary of State:
15.6
(a)
by 1 month, in the case of a term of 8 months or more but less than 18
months; and
(b)
by 1 or 2 months, in the case of an order for a term of 18 months or more .
Interaction with sentences of DYOI
15.6.1 It is possible for an offender to be subject both to a DTO or DTOs and a sentence
or sentences of DYOI at the same time. The effect of the interaction between the
two is considered in paragraphs 15.6.3 - 15.6.15 below, which summarise the
legislative provisions relating to this situation and their effects. The effects of such
interaction can be highly complex in individual cases. It is not possible here to
cover in detail every eventuality which can arise. The sentence calculation
helplines at headquarters must be contacted in any case in which there is any
doubt about the effect of interaction between DTO and DYOI.
15.6.2 DTO and DYOI are different in kind: one is an order, whereas the other is treated
as a sentence of imprisonment. This has the effect, for example, that a DTO and a
sentence of DYOI are never treated as a single term.
DTO followed by DYOI
15.6.3 If an offender currently serving a DTO in custody receives a sentence of DYOI, the
latter is treated as beginning either on the day it is passed or, if the court so orders,
on the day the offender would otherwise have been released from the DTO, i.e. the
half-way point (or any variation determined under paragraphs 15.5.1 or 15.5.2
above) .
15.6.4 Where a sentence of DYOI is imposed on an offender who has previously received
a DTO, the fact that remand or police custody time may have been taken into
account by the court in
determining the duration of the DTO must be ignored for
the purpose of determining the amount of remand or police custody time that should
be credited to the sentence of DYOI . Any cases where there is doubt about
whether remand time should count must be referred to Prison Service headquarters
for advice.
15.6.5 If an offender serving the period of supervision under a DTO receives a sentence of
DYOI, the sentence of DYOI commences on the day it is passed by the court .
There is one exception to this, where an offender receives an order of re-detention
(see paragraph 15.9.1 below) which the court orders is to be followed by a
sentence of DYOI. In such a case, the sentence of DYOI does not begin until the
end of the period of re-detention.
DYOI followed by DTO
15.6.6 It is possible that an offender who is already subject to a sentence of DYOI could
subsequently receive a DTO, although the only situation where the offender is likely
to be in custody serving DYOI first is in transitional cases of offenders already
subject to DYOI on 1 April 2000 . If the offender has already been released from
the sentence of DYOI, the DTO will commence on the day it is passed . There is
one exception to this, in a case where the court has ordered that the DTO is to
follow the period of any order of return imposed under section 116 of the Powers of
Criminal Courts (Sentencing) Act 2000, as a result of the offender having
committed an offence during the period of the original sentence of DYOI. In that
situation, and in a case where the offender has not yet been released under Part II
of the 1991 Act, the DTO will take effect on the date the offender would have been
released under Part II of the 1991 Act from the sentence of DYOI or order of return .
15.6.7 If the offender has not been released from the sentence of DYOI, the DTO begins
either on the day it is made or, if the court so orders, when the offender would
otherwise be released from the sentence of DYOI.
The three possible cases
15.6.8 There are thus three possible cases of DTO followed by DYOI and three
corresponding cases of DYOI followed by DTO. The cases of DTO followed by
DYOI are as follows:
(i)
the offender has been released from the custodial part of the DTO and so
the sentence of DYOI must take effect when it is passed;
(ii)
the offender is still serving the custodial part of the DTO and the sentence of
DYOI takes effect when it is passed;
(iii)
the offender is still serving the custodial part of the DTO and the court orders
the
sentence of DYOI to take effect when the offender would otherwise
be released from the custodial part of the DTO.
15.6.9 The corresponding cases of DYOI followed by DTO are as follows:
(i)
the offender has been released under the early release provisions in Part II
of the Criminal Justice Act 1991 and so the DTO must take effect when it is
passed;
(ii)
the offender is still serving the sentence of DYOI in custody and the DTO
takes effect when it is passed;
(iii)
the offender is still serving the sentence of DYOI in custody and the court
orders that the DTO takes effect when the offender would otherwise be
released under the early release provisions in Part II of the Criminal Justice
Act 1991.
Effect of being subject to both DTO and DYOI
15.6.10
Where an offender is subject concurrently to both a DTO and a sentence of
DYOI, for the purpose of determining release dates or recall or re-detention, he or
she is treated as subject only to the one of them that was imposed on the later
occasion . This is subject to the proviso that release cannot take place until the
offender has reached both the release date in respect of the DYOI and the
release date in respect of the DTO .
15.6.11
“Subject concurrently” in this context simply means that the offender is
subject to a sentence of DYOI, or to a DTO, as the case may be, while he or she is
also subject to a DTO or sentence of DYOI. DTOs and sentences of DYOI are not,
strictly, imposed “concurrently” or “ consecutively” to one another since, as
mentioned above, they are different in kind.
15.6.12
An offender is “subject concurrently” to both DYOI and DTO only during the
period when both take effect. Where the court orders a sentence of DYOI to take
effect when an offender would otherwise be released from the custodial part of a
DTO, for example, the offender does not become “subject concurrently” to both the
DTO and the sentence of DYOI until that point. When either the period of
supervision under the DTO or the sentence expiry date of the sentence of DYOI is
reached, the offender ceases to be “subject concurrently” to both.
15.6.13
The imposition of a later DTO or sentence of DYOI does not mean that a
previous sentence or DTO ceases to have effect. It is possible, for example, for an
offender subject to a DTO to be given a sentence of DYOI and, after having
completed that sentence, to be required to complete any outstanding supervision
period of the DTO.
15.6.14
It is possible that a court could impose both a DTO and a sentence of DYOI
on an offender on the same occasion (if, for example, he or she committed two
offences while under 18, pleaded guilty to one while under 18 and was then
convicted of the other following his or her 18th birthday). In these circumstances it
may not be clear which has been imposed “on the later occasion”. Such cases,
which are likely to be rare, must be referred to Prison Service headquarters for
advice.
Example 29
 An offender is given a DTO of 24 months on 2 April 2001
 He subsequently receives a sentence of 8 months DYOI on 1 October 2001,
ordered to take effect when he would otherwise be released from the custodial
part of the DTO
DTO
Half-way point of DTO
DYOI takes Release
effect
from DYOI
End of DTO
DYOI
supervision ends
Period during which offender
is subject concurrently to
DTO and DYOI




When he has completed the custodial part of the DTO, on 1 April 2002, he
thus becomes subject “concurrently” to a DTO and a DYOI
He is therefore treated as if subject only to a DYOI while he remains in
(DYOI) custody for the next 4 months until 1 August 2002
He is then released, since at that point he is required to be released in
respect of both the DTO and the sentence of DYOI
On release he is subject to 4 months at risk of return under the DYOI, of
which 3 months is spent under supervision, until 1 December 2002. He then
reverts to a final 4 months’ supervision under the DTO until 2 April 2003.
15.6.15
The effect of these provisions can be particularly complex in cases where
the sentence of DYOI or the DTO, as the case may be, takes effect when it is
passed (cases (i) and (ii) in paragraphs 15.6.8 and 15.6.9 above).
Treating a DTO as DYOI
15.6.16
In certain circumstances an offender sentenced to DTO is treated as if he or
she had been sentenced to DYOI for the same term . This can happen when an
offender, aged under 18 on the date of conviction, is re-sentenced because he or
she has breached another order (such as a community sentence) and has reached
the age of 18 since the date of the original order.
15.7
Section 91 of the 2000 Act
15.7.1 It is possible that a DTO may be imposed on an offender subject to detention under
section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders
under 18 convicted of certain serious offences: power to detain for specified
period), or vice-versa. Any such cases, which are likely to be rare, must be referred
to Prison Service headquarters for advice. Section 91(3) was formerly section
53(2) of the Children and Young Person’s Act 1933, by which the provision may be
better known.
15.8
Recall - section 104 of the 2000 Act
15.8.1 If during the currency of the supervision part of a DTO a person fails to comply with
their supervision requirements, the court may order them to be detained for a
period not exceeding the shorter of 3 months or the remainder of the term of the
DTO, as the court specifies . This term must be served in full. At the end of the term
the prisoner will be released subject to any extant supervision from the original
DTO.
15.9 Re-offending during the DTO: order of re-detention under section 105 of the
2000 Act
15.9.1 If an offender commits an imprisonable offence during the supervision period of a
DTO the court may order his detention for a period up to the length of the period
between the date on which the new offence was committed and the date the
existing DTO expires . The court may order this period of detention to be served
either before and be followed by, or be served concurrently with, any sentence
imposed for the new offence. Any sentence imposed for the new offence is not
combined with the period of re-detention to form a single term . A consecutive DTO
or sentence of DYOI imposed for the new offence begins on the day after the last
day of the period of re-detention.
15.10 Periods of recall or re-detention to be served in full
15.10.1
Periods of recall under section 104 of the 2000 Act (paragraph 15.8.1
above), or re-detention under section 105 (paragraph 15.9.1 above) must be served in full.
There is no need to calculate the half-way point of any such period.
Link back to Contents
Chapter 16
Terms of imprisonment in default
16.1
General remarks
16.1.1
This Chapter sets out the principles and procedures to be used in the
calculation of release dates for terms imposed in default of monetary penalties.
16.1.2
A criminal "default term" may be imposed for non-payment or arrears in the
payment of the following:
(a)
A fine
(b)
Costs ordered in criminal proceedings
(c)
Compensation ordered in criminal proceedings
(d)
Confiscation orders imposed under the Drug Trafficking Offences Act 1986
or the Criminal Justice Act 1988
(e)
Forfeiture of recognizance
(f)
Civil and judgement debts
16.1.3 Maximum periods of imprisonment in default of payment are set out at Annex G.
16.1.4 Only warrants issued in the United Kingdom committing a person to prison for
default may be executed in the UK. Such a warrant issued in any part of the UK
may be executed in any other part. A Governor on receipt of a person committed to
custody under such an order must accept the person. In cases of doubt advice
should be sought from the sentence calculation helplines at Prison Service
headquarters.
16.2
Procedures on reception and release
16.2.1 Staff must check whether a prisoner has any money on reception, as this may be
put towards payment of the amount outstanding . If a prisoner arrives at the prison
with enough money in his or her possession to pay the fine in full then the police
must be asked if they have contacted the relevant court for instructions whether or
not to confiscate the money. If this has not been done then Governors have
discretion to refuse to accept prisoners from the police until the necessary action
has been taken. “Appropriations” of money and their effect on release dates are
considered in more detail in section 16.5 below.
16.2.2 Certificates of imprisonment (F986) must be completed in duplicate. One copy must
be sent immediately to the Magistrates’ Court which issued the warrant, as
notification that the prisoner is in custody. The second copy must be sent to the
court when the term of the fine warrant has expired or the fine has been paid.
16.2.3 It is the responsibility of the receiving prison to find out from all prisoners whether
or not they have other outstanding fines following committal. If so, then the
prisoner must be allowed the facility of asking the court concerned to lodge the
relevant warrants.
16.2.4 The Custody/ Discipline Office must liaise with the cashier’s office to ensure that
any funds received in respect of defaults at any stage are properly documented and
accounted for. Receipt books must be scrutinised regularly to ensure that this is
done.
16.2.5 Following payment of any fine, the cashier must send a cheque for the amount to
the appropriate court, together with a note to the Clerk to the Justices for the
payment of fines (F412) completed by the Discipline Office and one copy of the
certificate of imprisonment (F986).
16.3
Release dates
16.3.1 Early release for defaulters depends on whether they are serving an order for
criminal or civil offences. A criminal defaulter serves a "term of imprisonment"
which attracts release at the half way point for adult sentences of less than 12
months. Longer sentences attract release at the two thirds point. A civil defaulter
is simply held in "detention" which means that most terms imposed for civil offences
must be served in full, although the weekend release rules still apply.
16.3.2 Default terms, whether they are imposed for civil or criminal offences, may be
single termed with other default terms but they cannot form part of any single term
with non-default terms . Release dates must be calculated separately from any
other custodial sentence to be served by the prisoner.
16.3.3 Failure to pay Legal Aid Costs should be on a specific warrant.
16.3.4 Those serving terms of 5 days or less whose release day falls over a weekend
must be released on the Saturday rather than the Friday (as would normally
happen in the case of someone serving a longer term) .
16.4
Consecutive terms
16.4.1 The date when a consecutive term begins will depend on the wording of the order
of commitment, particularly if it is consecutive to a number of other sentences. If
the words "consecutive to the total period being served" are used then the term
imposed will start at the end of the final term to be served.
Example 30
A prisoner is sentenced on 3 March to a fine of £3000 or 3 months in default. He
then receives a consecutive lodged warrant of £1500 or 30 days, consecutive to the
total period being served.
Sentence 1
Term 92 days
Sentence 2
ARD = 17 April
SED = 2 June
Term 92 + 30 = 122 days
ARD = 2 May
SED = 2 July
16.4.2 If the words "consecutive to the term now being served" appear on a warrant, then
the prison must determine the court’s intention - i.e. whether the court wants the
warrant to be added on to the end of the total term, or to the sentence actually
being served at the time when the warrant was issued. The warrant would then be
treated as being consecutive exclusively to that sentence, but concurrent to all
others.
Example 31
A prisoner is sentenced on 3 March to the following terms of imprisonment in
default of payment of three fines:
Amount
Period in Default
£ 1250
£ 250
£ 1500
30 days
14 days consecutive
45 days consecutive
The breakdown of the period to be served on each sentence is as follows:
Fine 1
Fine 2
Fine 3
3 March to 17 March
18 March to 24 March
25 March to 16 April
On 10 March a fine warrant for 14 days consecutive to the period then being served
is received.
This warrant arrived during the duration of Fine 1 and so is consecutive to the
period relevant to that fine. It is concurrent with the period relevant to Fine 2 and
comes into effect from 18 March.
16.5
Appropriations
Confiscation of money in the prisoner's possession
16.5.1 Any monies that prisoners have in their possession when they arrive in prison must,
as a general rule, be appropriated to help pay the monetary penalty imposed by the
court if this advances the release date. Appropriation must take place on the day
following the prisoner's reception into custody or, if received over a weekend, the
following working day. Money must not be appropriated if the amount the prisoner
possesses is not enough to advance the release date.
16.5.2 If representations are received from the prisoner then the Governor has discretion
to decide whether appropriation should take place. If the Governor decides against
appropriation then he or she should be satisfied - for example - that the funds do
not belong to the prisoner or that undue hardship to the prisoner or his or her family
would result.
16.5.3 Where an appropriation appears justified, the amount to be appropriated must be
calculated together with the effect on the prisoner's release date. The prisoner
must be informed of the amount taken and its effect on the release date.
Calculation of appropriations
16.5.4
The formula given below must be used to arrive at a Daily Monetary Rate
(DMR) for appropriations. Always round up to the nearest penny.
Daily Monetary Rate (DMR) (£)
=
__Amount of original fine
(Days in original sentence - 1)
16.5.5 The funds available divided by the DMR will then give the number of days to be
deducted from the sentence.
Example 32
A prisoner is received on 1 January on a warrant of £1500 or 30 days in default.
Prisoner has £180 in possession.
ARD = 15 days or 15 January
SED = 30 days or 30 January
DMR = £1500/(30 - 1) = £51.73
Days to be deducted = 180/51.73 = 3 days
However, a three day reduction would leave 27 days as the total term to be served.
This would give an odd number when divided by 2 to give the ARD. The prisoner
would not benefit from the extra paid and so only 2 days must be paid for (i.e.
£103.46). This gives amended release dates as follows:
ARD = 14 days or 14 January
SED = 28 days or 28 January
16.5.6 In the case of multiple concurrent fines, the one giving the latest release date must
be used to calculate the daily rate applicable. Should the sum of money be such
that other warrants come into consideration at some stage then it will necessary to
amend the DMR accordingly.
16.5.7 In the case of multiple consecutive fines, the one with the lowest DMR must be
used to calculate an appropriation, followed in sequence by the next lowest and so
on, using the appropriate DMR on each warrant in sequence. The principle to be
applied is that of the maximum benefit to the prisoner for the minimum outlay.
Example 33
A prisoner is received on 3 February with the following warrants:
30 days in default of payment of £1250, plus
28 days in default of payment of £800 concurrent
The prisoner has £320 in his possession on reception.
ARD = 17 February
SED = 4 March
DMR for Fine 1 = £1250/(30 - 1) = £43.11
The prisoner has sufficient funds to purchase at least 2 days in respect of Fine 1,
which brings the other concurrent fine into the calculation.
DMR for Fine 2 = £800/(28-1) = £29.63
Two days on Fine 1 purchased at a cost of £43.11 per day = £86.22
Funds left = £320.00 - £86.22 = £233.78
Composite DMR = £43.11 + £29.63 = £72.74
There is enough money to pay for three days, but this would leave 25 days to SED
giving an ARD of 12.5 days rounded to 13 days. To benefit the prisoner, only 2
days must be paid for.
The amount to be taken is therefore as follows:
£43.11 x 2 = £ 86.22
£72.74 x 2 = £ 145.48
This gives amended release dates as follows:
ARD = 15 February
SED = 28 February
16.6
Pay-outs
Payment of fines during the term
16.6.1 A fine may be paid either in whole or in part at any time during the duration of the
term of imprisonment. For prisoners serving terms in default of under twelve
months, the formula to calculate the amount to be paid to secure immediate
release is:
Original Term - (Time served x 2)
(Number of days in term -1)
x Original fine
16.6.2 For prisoners serving terms in default of twelve months and over, the formula to
calculate the amount to be paid to secure immediate release is:
Original term -(Time served x 1.5) x Original fine
(Number of days in term -1)
Original Term is the term imposed by the court prior to any reductions
Original Fine is the balance outstanding when imprisonment was imposed, prior to
any reductions
Time Served is the period served in days prior to the fine being paid
16.6.3 If prisoners serving a default warrant want to part pay so that they are released on
a Friday, the weekend must be included in the period actually served. Bank
Holidays must be treated in a similar way and credited to the prisoner.
16.6.4 Note that prisoners serving a default term of 5 days or less, whose release date
falls on a Sunday or who wish to be released on Friday will have to include the
Saturday as a day to be paid for .
16.6.5 There must be no advantage to a prisoner in making payment at the prison rather
than at the court. If a prisoner chooses to pay the fine on the day of reception then
it must be paid in full irrespective of what day of the week that falls.
16.6.6 A calculation sheet for calculating pay-outs is at Annex H.
16.7
Acceptance of payment
16.7.1 Any money available to a prisoner (including private cash or earnings ) will be
accepted in payment, as will any other money offered by any other person (not
necessarily someone known to the prisoner). All payments must be in either UK
currency or banker’s draft (section 12.10 of the Finance Order, PSO 7500, refers).
A prisoner may not refuse to allow another person to make payment: the money
must be accepted and the prisoner discharged. Advice should be sought in cases in
which the Governor considers that acceptance and the prisoner’s release might
constitute a possible physical or moral danger to the prisoner’s welfare.
16.7.2 Where a prisoner's family, friends, or any other person are able to make payment
on a prisoner's behalf but are unable, because of travelling difficulties, to reach the
prison the Governor may allow such payments to be made at any other prison,
police station or court in England or Wales. The only proviso must be that the other
institution is willing to offer this facility .
16.8
Hours for the receipt of payment
16.8.1 Establishments must make arrangements to ensure that staff can receive payments
on behalf of a prisoner during normal office hours. Payments may be made at other
times as practical, provided there is a member of staff available who is competent
to calculate the amount required.
16.8.2 Should a competent member of staff not be available to calculate the amount
required to secure the early release of a prisoner. then the full amount required by
the warrant may be accepted. In such cases, arrangements must be made to
refund the excess to the person who made the payment as soon as this can be
done. This provision does not apply to those committed in default of payment of
community charge, council tax, or general rates. In these cases the amount
required to secure release must be calculated exactly.
16.9
Additional days awarded
16.9.1 Additional days awarded (ADAs) during the duration of a default term will have an
effect on the amount that a prisoner would have to pay to secure his or her release.
16.9.2 The formulae used to arrive at the amounts required to secure a prisoner’s early
release are as set out in paragraphs 16.6.1 and 16.6.2 above. The effect of the
imposition of ADAs is to extend the term to be served. ADAs will alter the amount
required to secure release, by reducing the credit period allowed.
Example 34
A prisoner is received on 17 June serving a fine of £3,660 or three months in
default.
ARD = 46 days or 1 August
SED = 92 days or 16 September
To pay out on day 8, 24 June:
Period served = 8 + 8 = 16 days
Amount required to secure release = (92 - 16)÷91 x £3,660 = £3,056.71
The prisoner is awarded 10 ADAs 28 June
(a) To pay out on day 12, 28 June:
Period served = 12 + 12 = 24 days
Amount required to secure release = (92 - 24) ÷ 91 x £3,660 = £2,734.95
(b) To pay out on day 18, 4 July:
Period served = 18 + 18 - 6 = 30 days
Amount required to secure release = (92 - 30) ÷91 x £3,660 = £2,493.63
(c) To pay out on day 30, 16 July:
Period served = 30 + 30 - 10 = 50 days
Amount required to secure release = (92 - 50) ÷91 x £3,660 = £1,689.24
16.10 Costs of issue of warrant
16.10.1
Costs of issuing warrants imposed by a court must be paid in full and cannot
be reduced by the term of imprisonment. These are generally nominal (say less
than £1), although they are at the court’s discretion.
16.10.2
Care must be taken to distinguish between ‘Costs of Imposition’, which are
part of the fine and can be reduced by imprisonment, and ‘Costs of Issue’, which
are not. These type of costs are most commonly found in Maintenance and
Council Tax warrants. In cases in which it is not clear which type of costs are
involved the prisoner should be given the benefit of the doubt.
Example 35
A prisoner is sentenced to £1,500 or 30 days in default on 5 February and is
received on the same day. Costs of £10 were imposed at the same time. The
prisoner wishes to pay out after 5 days on 10 February.
Period Served = 6+6 = 12 days
Period to be paid for = 30 -12 = 18 days
Amount required to secure release = (30 - 12) ÷29 x £1,500 = £931.04 + £10.00
= £941.04
The costs must be paid in full and are not open to being part paid.
16.11 Lodged warrants
16.11.1
A lodged warrant is a default warrant issued by a Magistrates’ Court,
sometimes at a prisoner’s request, for offences committed and for which
convictions were received prior to the imposition of the term being served.
16.11.2
Details of such a warrant must on receipt be entered into a permanent
record kept by the Discipline/Custody office. This should show details of the
committal and the date of receipt.
16.11.3
The prisoner must be given a copy of the warrant (clearly marked ‘copy’) and
notified of any amendments to release dates. There is no need to lodge the warrant
formally on the prisoner and the practice of physically lodging warrants on prisoners
need not continue.
16.11.4
If a prisoner states that he or she is not the person named on the warrant
then he or she should raise the matter with the court concerned.
16.11.5
Unless ordered otherwise, the default term will commence on the date that
the order is signed by the court, or the date of reception in to custody (whichever is
the later). The fact that the order might well not be received for several days by the
Governor will not affect this. Should the prisoner not be in custody then the warrant
must be returned to the court with a covering note.
16.11.6
A lodged warrant can be received in respect of either a remand prisoner or a
sentenced prisoner. A lodged warrant received during a period of remand changes
the prisoner’s status to that of a sentenced prisoner. The custodial part of the
lodged warrant is not counted as remand time against any subsequent sentence.
16.12 Confiscation orders
16.12.1
Confiscation orders under the Drug Trafficking Act 1986 are made in the
Crown Court in cases involving drug related offences. A Crown Court also has
powers under section 71 of the Criminal Justice Act 1988 to impose confiscation
orders on those convicted of other criminal offences. These are imposed if the
court is satisfied that the person has derived benefit from the offence.
16.12.2
Although the order is made in the Crown Court, the case has to be remitted
to the Magistrates’ Court that committed the prisoner for trial for the order to be
enforced. The imposition of a warrant in default is a last resort, since the policy is to
recover the funds rather than to have any prisoner serve an additional term. The
prosecution may apply to the High Court for the appointment of a receiver to secure
payment.
16.12.3
Confiscation orders are treated in precisely the same way as normal default
warrants.
Drug trafficking confiscation orders
16.12.4
Notification of such an order will be either by a Notice of Confiscation Order
(Form 5018) or on the backing sheets (Form 5089) received from the Crown Court.
16.12.5
Should a consecutive warrant be received and the prisoner receive a
recommendation for release on parole, then the prisoner must be notionally
released on licence but retained in custody to serve the confiscation order unless
the order is paid. In such circumstances establishments must ensure that the
warrant is executed.
Discretionary powers of Customs and Excise
16.12.6
Governors should be aware that Customs and Excise have the power,
although it is rarely exercised, to release a prisoner prior to the expiration of his
sentence. This power derives from section 152 (d) of the Customs and Excise
Management Act 1979.
Other confiscation orders
16.12.7
Confiscation orders under section 71 of the Criminal Justice Act 1988 are
subject to a minimum of £10,000. The maximum is unlimited. Failure to pay is dealt
with in the same way as drug trafficking confiscation orders.
16.13 Remaining liabilities
16.13.1
Prisoners must be advised that, even if they do not pay the money due,
either in full or by part-payment, after serving the default term the unpaid sum or
sums will no longer be regarded as outstanding.
16.13.2







16.13.3
Exceptions to this are default terms imposed for non-payment of:
An affiliation order
A maintenance order
National Insurance contributions
Income tax
Any other tax or duty collected by the Inland Revenue or Customs and
Excise
A legal aid contribution
Council tax.
In these cases the debt will remain outstanding as a civil debt .
Link back to Contents
Chapter 17
Civil prisoners
17.1
General remarks
17.1.1
Civil prisoners are those who have been committed for contempt of court
(the majority) or for various types of non-payment including:






Maintenance arrears
Legal Aid Contribution Orders
Civil debt
Council tax
Recognizances to keep the peace or be of good behaviour
Forfeiture of recognizance by a parent
17.1.2 Civil prisoners are also covered in the soon to be issued PSO, Unconvicted,
Unsentenced and Civil Prisoners.
17.1.3 Civil prisoners have not been convicted of an offence and the sentencing warrant
should not make any reference to a conviction (unless the prisoner has criminal
convictions as well). Note that the types of non-payment considered in this Chapter
do not include non payment of fines imposed in respect of criminal convictions,
which is considered in Chapter 16. Terms served for civil offences are not reduced
by police custody or remand time.
17.1.4 The table at Annex I summarises the early release arrangements for civil prisoners
17.2
Contempt
17.2.1 Terms of detention for contempt can be imposed by nearly all types of court. The
Contempt of Court Act 1981 introduced maximum terms imposable for contempt,
namely one month in a
Magistrates’ Court and two years in a superior court.
The courts may also impose a fine instead of, or in addition to, a period of
imprisonment. This is unlimited in the case of a superior court, but up to a
maximum of £2,500 in the case of a Magistrates’ Court. If a person is committed to
prison for failure to pay a fine imposed for contempt, then the term imposed is
treated in the same way as a term imposed for failure to pay a normal criminal fine.
17.2.2 The 1981 Act did not entirely remove the power of the courts to commit “sine die”
(i.e. without specified limit) for contempt, which still exists for those involved in
bankruptcy hearings. In the
rare event that such a person is received with
such an order, the advice of the helplines at
Prison Service headquarters should
be sought.
17.2.3 A number of organisations other than the courts have the power to commit for
contempt, although such cases are rare. Should a Governor receive a person
committed for contempt from an organisation other than a court then the advice of
the helplines at headquarters should be sought.
Custodial terms for contempt
17.2.4 The effect of section 51(1) of the Criminal Justice Act 1991 is that a term of
detention for contempt is not a sentence of imprisonment for the purposes of Part II
of the 1991 Act. This means that such a term cannot be aggregated to form a
single term with any criminal sentence. It also means that any period spent on
remand for contempt does not reduce any subsequently imposed term of
imprisonment.
17.2.5 A term imposed for contempt may be concurrent with or consecutive to any criminal
term, but it cannot form part of any single term .
17.2.6 Early release arrangements for contemnors are provided for by section 45 of the
1991 Act.
Release dates for those serving a term for contempt must be calculated according
to the following general principles:
(i)
Those serving a term for contempt are in general all entitled to early release .
(ii)
The release will be unconditional .
(iii)
Those serving a term of less than 12 months will be released at the half way
point and those serving between 12 - 24 months at the two thirds point .
(iv)
Those serving terms of 5 days or less whose release day falls over a
weekend will be
released on the Saturday rather than the Friday (as
would normally happen in the case of someone serving a longer term) .
17.2.7 Terms for contempt are normally imposed in months or years. However, courts can
and do impose a term requiring the release of a prisoner on a particular date. Such
cases - which are likely to be rare - should be referred to the helplines at Prison
Service headquarters for advice.
17.2.8 There is a right of appeal for terms imposed for contempt in all courts, following the
same lines as those which apply in the case of criminal offences.
17.2.9 If there is any doubt or ambiguity about the calculation of release dates in cases of
contempt
then the advice of Prison Service headquarters should be sought at
the earliest opportunity.
Contempt and Young Persons
17.2.10
There is no power to commit those persons under the age of 17 years for
contempt. The same
powers to commit for contempt exist for those between
17 - 21 years old as for adults.
17.3
Non-payment
Custodial terms for non payment
17.3.1 Custodial terms for non-payment, like those for contempt, are not sentences of
imprisonment and cannot be aggregated to form a single term. Any period spent
on remand for non payment does not reduce any subsequently imposed term of
imprisonment.
17.3.2 The following general principles apply to prisoners committed for non payment:
(i)
They will not be released early and will serve their terms in full (since they do
not come within the ambit of section 45(1) of the 1991 Act and there are
therefore no early release provisions for them). The only exception is if the
release date falls at a weekend or over a Bank Holiday, in which case the
prisoner will be released on the preceding Friday.
(ii)
Those serving terms of 5 days or less whose release day falls over a
weekend will be released on the Saturday rather than the Friday (as would
normally happen in the case of someone serving a longer term) .
(iii)
They can part pay to either advance or secure their release .
(iv)
Imprisonment does not act to expunge the debt, although the person cannot
be committed to prison again for the same arrears .
(v)
Funds in the possession of the prisoner must be appropriated to advance
their release dates.
17.3.3 Points to note in relation to specific types of non-payment are set out in paragraphs
17.3.4 to 17.3.11 below.
Maintenance Orders
17.3.4 Maintenance orders are defined in Schedule 8 to the Administration of Justice Act
1970. A person who has failed to make the payments ordered by the supervising
court in this respect will be liable to imprisonment. He or she will be required to
serve the full term imposed by the court and will be released unconditionally.
17.3.5 The maximum term imposable is 42 days in respect of each set of arrears. Courts
have on occasion imposed consecutive separate penalties in respect of different
arrears resulting in a total period of imprisonment exceeding the 42 days limit. Such
cases should be referred to Prison Service headquarters for advice.
17.3.6 No further arrears will normally accrue while the person is in custody, unless the
court exceptionally orders otherwise.
Civil debt
17.3.7 Section 12 of the Administration of Justice Act 1970 restricts the powers of the
courts to commit for civil debt (under the Debtors Act 1869) to the following cases:
(i)
By the High Court in respect of a maintenance order made there.
(ii)
By the County Court in respect of a High Court or County Court maintenance
order made there.
(iii)
By a County or Magistrates’ Court in respect of the following:
(a)
Failure to pay income tax
(b)
Failure to pay National Insurance contributions
(c)
Failure to pay redundancy fund contributions
17.3.8 The limit of 42 days on the period of imprisonment applies in such cases and the
amount can be part paid to secure release. There is no early release other than by
payment to expunge the debt.
Council Tax
17.3.9 Committal for failure to pay council tax (or water rates) is subject to a maximum
penalty of 3 months. There are a number of differences between this type of order
and those for civil debt as set out above:

A court may not commit a person under 21 years for non payment of council
tax.

A court may not impose a consecutive term of imprisonment even when
there exists more than one series of arrears.


There is a minimum term imposable of 5 days.
Section 80(2) of the Magistrates’ Court Act 1980 appears not to apply in
such cases. This is the power to appropriate money in the possession of the
prisoner on reception in order to advance his or her release date. The
prisoner can nevertheless formally apply to have such funds used for this
purpose.
Recognizances to keep the peace or be of good behaviour
17.3.10
Under section 115 of the Magistrates’ Courts Act 1980, a person may be
ordered to enter into a recognizance (with or without sureties) to keep the peace, to
be of good behaviour or both. A person has to consent to be bound over in this
way. This power is only exercisable by a Magistrates’ Court and may not be
applied to persons under 21 years of age (although those aged 17-21 can be dealt
with under the contempt provisions). Someone who fails to comply with the order,
or who fails to enter into the recognizance (i.e. who does not consent, or who fails
to provide any surety required, may be committed to custody for a maximum term of
6 months or until the person complies. Release dates for such committals are
calculated in the same way as in the case of committals for contempt, i.e. according
to the principles set out in paragraph 7 above.
17.3.11
Under section 120 of the 1980 Act, a recognizance to keep the peace or be
of good behaviour can be forfeited and the person bound by it required to pay the
sum in which he or she is bound. Any such sum is applied as if it were a fine and
as if the adjudication were a summary conviction for an offence not punishable by
imprisonment. Failure to pay the sum is therefore treated in the same way as failure
to pay a fine for a criminal conviction. Terms of imprisonment in default are
considered in Chapter 16.
17.4
Additional Days
17.4.1 Although civil prisoners are not serving sentences of imprisonment, the provisions
of section 42 of the 1991 Act nevertheless still apply. This provides for the powers
in the Prison Rules to award further periods in custody for offences against the
code of discipline. The effect of such awards will be to defer the actual date of
release but not the expiry date of sentence.
Link back to Contents
CHAPTER 18
CJA 2003
SENTENCE CALCULATION
GUIDANCE
Order ref. 6650.
Page 1
CHAPTER 18: CJA 2003 - Determinate sentences of 12 months and over and extended
sentences for dangerous offenders
18.1
General remarks
18.1.1
The Criminal Justice Act 2003 (CJA2003) introduces two new types of sentence for
dangerous offenders - a determinate extended sentence and an indeterminate sentence
for public protection, as well as introducing new release provisions for determinate
sentences of 12 months or more.
18.1.2
The provisions of the CJA2003 will be applied to sentences passed for offences
committed on or after 4 April 2005. Where the offence is committed between two dates,
the later date will be the effective date the offence was committed.
18.1.3
Sentences of less than 12 months imposed for offences committed on or after 4 April 05
(with the exception of those sentenced to a period of Section 91 for less than 12 months –
see Para 18.1.5 for how to treat), will continue to be calculated in accordance with the
release provisions of the Criminal Justice Act 1991 (the previous chapters of this PSO),
until the implementation of Custody Plus. However, when imposing the sentence, the
court will make a direction as to what remand time is to be taken into account. Further
guidance about custody plus will be issued nearer to its implementation.
18.1.4
This chapter deals primarily with the calculation of determinate sentences of 12 months
and over and extended sentences for dangerous offenders in accordance with the release
provisions of CJA2003.
18.1.5
Under the CJA 2003, prisoners sentenced to a determinate sentence, DYOI of 12 months
and over, or a period of Section 91 of over 12 months, for offences committed on or after
4 April 2005, will be conditionally released at the half-way point of the sentence, on
licence to the end of the sentence (SLED – Sentence and Licence Expiry Date).
18.1.6
Sentences will not be single-termed. Concurrent sentences will run in parallel, with each
sentence having its own CRD and SLED. Actual release will not take place until the latest
conditional release date. Release will be on licence to the latest SLED.
18.1.7
A sentence begins on the date of imposition by the court. It can never commence on a
date prior to imposition. However, a court may direct that it commence at the end of an
existing sentence (i.e. consecutively), providing the prisoner has not been released from
the existing sentence at the time that the further sentence is passed.
18.1.8
Release dates must always be calculated in days. Sentences expressed in any other
terms will have to be converted to days.
18.1.9
The courts will direct the number of days remand time to be credited to the sentence. The
remand time will reduce the overall length of the sentence and the number of days to the
conditional release dates . Police custody will not apply to prisoners whose offences
were committed on or after 4 April 05 under CJA2003.
18.1.10 Unlike prisoners released under the provisions of Part II of the Criminal Justice Act 1991,
prisoners released from a sentence under the provisions or CJA 2003 will not be ‘at risk’.
This will mean that the penalty of Section 116 of the Powers of Criminal Courts
(sentencing) Act 2000 will not apply. CJA2003 prisoners will be released on licence to
the end of the sentence.
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 2
18.1.11
Prisoners released under the provisions of CJA 2003 who have their licence
revoked will be re-released on the earliest of either; a date approved by the Parole Board,
or the SLED.
18.2
Calculating a single determinate sentence of 12 months and over
18.2.1
All determinate sentences (except extended sentences) of 12 months and over will have a
Conditional Release Date (CRD) at the half-way point of their sentence and a Sentence
and Licence Expiry Date (SLED) at the end of the sentence.
18.2.2
All sentences are calculated from the date of imposition unless the court directs that they
are consecutive.
18.2.3
Convert the length of the sentence into days
Example 1
S
CRD
Total number of days in the sentence
Total relevant remand time ordered by the court

SLED
=
=
A
B
To calculate the number of days to the SLED, deduct relevant remand time from the
number of days in the sentence to give the actual term in days
So actual term (C) = A – B
The SLED is that number of days (C) from the date of sentence

To calculate the number of days to the CRD (Half-way point of the sentence), divide the
total number of days in the sentence (A) by 2, rounding down fractions, and deduct that
figure from the actual term (C).
So number of days to CRD = C – (½of A)
The CRD is that number of days from the date of sentence.
18.3
Multiple determinate sentences of 12 months and over
18.3.1 Concurrent sentences
There is no single term. Where concurrent sentences are passed on the same occasion,
the longest of the sentences imposed will determine the effective release dates. Where
concurrent sentences are passed on different occasions, each concurrent sentence must
be calculated individually and the prisoner must not be released until s/he is required to be
released in respect of each sentence (i.e. latest CRD adopted). The prisoner will be
released on licence to the latest SLED.
18.3.2 A calculation sheet for the calculation of the release dates for concurrent CJA03 sentences
of 12 months and over is at Annex i.
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 3
Example 2 – concurrent sentences imposed on the same occasion
S1
CRD1
SLED1
S2
CRD2
S3
CRD3
SLED2
SLED3
The prisoner is not entitled to be released until CRD2. S2 provides the latest SLED and so release
on licence will take place at CRD2 to SLED2.
Example 3 – concurrent sentences imposed on different occasions
S1
CRD1
SLED1
S2
CRD2
S3
CRD3
SLED2
SLED
The prisoner is not entitled to be released until CRD2/CRD3. S2 provides the latest SLED
and so the prisoner will be released at CRD2/3 on licence to SLED2.
Example 4
Prisoner receives:Sentence 1
Sentence 2
Sentence 3
2 years on 18/05/05
18 months concurrent on 27/03/06
12 months concurrent on 05/08/06
Sentence 1: CRD of 17/05/06 with a SLED of 17/05/07
Sentence 2: CRD of 26/12/06 with a SLED of 26/09/07
Sentence 3: CRD of 03/02/07 with a SLED of 04/08/07
18/05/05 27/03/06 17/05/06 05/08/06 26/12/06 03/02/07 17/05/07 04/08/07 26/09/07
2 yrs
S1
CRD
SLED
18 months
S2
CRD
SLED
12 mos
S3
CRD
SLED
Release will take place on 03/02/07 – the latest CRD. Release will be on licence to 26/09/07 the
SLED of sentence 2
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 4
Example 5
Prisoner receives:
Sentence 1
Sentence 2
Sentence 3
6 years on 30/06/05
4 years concurrent on 30/06/05
5 years concurrent on 15/01/08
Sentence 1: CRD of 29/06/08 with a SLED of 29/06/2011
Sentence 2: CRD of 30/06/07 with a SLED of 29/06/09
Sentence 3: CRD of 16/07/2010 with a SLED of 14/01/2013
30/06/05
30/06/07 15/01/08 29/06/08 29/06/09 16/07/2010
29/06/2011 14/01/2013
6 years
S1
4 years
S2
CRD
CRD
SLED
SLED
5 years
S3
CRD
SLED
Release will take place on 16/07/2010 – the latest CRD on licence to 14/01/2013
18.3.3 Consecutive sentences
18.3.3.1 Sentences that are ordered to be served consecutively are aggregated for the purposes
of calculation of release dates. The total number of days in the aggregated sentences
effects the SLED, the half-way point of which provides the CRD. For example two
consecutive sentences of 4 years, result in an aggregate and SLED of 8 years from date
of sentence and a CRD of 4 years from date of sentence.
18.3.3.2 The aggregate approach applies for those sentences imposed on the same day and for
those imposed on different days, providing the prisoner has not been released from the
custodial part of the earlier sentence, before the second sentence is passed and
providing the warrant/order of imprisonment clearly specifies that the sentences are
consecutive.
18.3.3.3 Care must be taken to correctly interpret the precise intention of the court. The
warrant/order of imprisonment should clearly indicate whether the new sentence is
consecutive to the TOTAL term of imprisonment to which the prisoner is already subject,
or whether the new sentence is consecutive to a PARTICULAR sentence within the total
term of imprisonment. If it is not clear, confirmation must be sought from the court and
where appropriate, a new warrant obtained.
Example 6
A prisoner has two cases for which sentences are passed on separate occasions:
CASE 1 – sentenced on 23/09/05 to
Count 1
2 years
Count 2
18 months concurrent to count 1
Count 3
12 months consecutive to count 2
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 5
CASE 2 – sentenced on 15/11/05 to
Count 1
12 months consecutive to PRESENT sentence being
Served
Case 1 would provide a dominant aggregate of 30 months.
When case 2 is imposed, the (individual) present sentence being served is the 2 years and the 18
months from case 1 (the notional release date of the 2 years would be 10/06/06, and of the 18
months would be 22/06/06, which are both after the date of sentence of case 2 – hence the
prisoner has not started to serve the custodial part of the consecutive 12 months from case 1).
Therefore, the 12 months from case 2 must be consecutive to the 2 years, making a new
aggregate of 3 years.
2 years
count1
18 months c/c to C1
count 2
12 mos c/s to C2
count 3
12 mos c/s to P/S
S2
18.3.3.4 A calculation sheet for the calculation of the release dates for consecutive CJA03
sentences where each sentence is of 12 months or more is at Annex i.
Example 7
Prisoner receives:
Sentence 1
Sentence 2
4 years on 12/08/05
4 years on 02/10/05 ordered to be consecutive to Sentence 1
Sentence 1: CRD of 12/08/07 with a SLED of 11/08/09
But when sentence 2 is imposed an aggregate of 8 years is formed, calculated from the date of
the first sentence – 12/08/05 effecting a CRD of 11/08/09 with a SLED of 11/08/2013
Example 8
Prisoner receives:
Sentence 1 4 years on 11/05/05
Sentence 2 6 years on 11/05/05 concurrent to 4 years
Sentence 3 2 years on 20/09/06 consecutive to 4 years
11/05/05
4 years
S1
6 years concurrent to S1
S2
2 years consecutive to S1
S3
Sentence 1: CRD of 11/05/07 with a SLED of 10/05/09
Sentence 2: CRD of 10/05/08 with a SLED 10/05/2011
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 6
But when sentence 3 is imposed an aggregate of 6 years is formed with sentence 1 calculated
from date of first sentence – 11/05/05
CRD of 10/05/08 with a SLED of 10/05/2011
This new calculation is a mirror image of Sentence 2 and so the CRD 10/05/08 and SLED
10/05/2011 are adopted.
Example 9
Prisoner receives:
Sentence 1
Sentence 2
Sentence 3
18 months on 15/03/06
4 years on 08/04/06concurrent to S1
4 years on 09/12/06 consecutive to S1
Sentence 1: CRD of 14/12/06 with a SLED of 14/09/07
Sentence 2:CRD of 07/04/08 with a SLED of 07/04/2010
When sentence 3 is imposed an aggregate of 5 and a half years is formed with sentence 1
calculated from date of first sentence – 15/03/06
CRD of 13/12/08 with a SLED of 14/09/2011
The aggregated term of sentence 1 and sentence 3 effects the latest CRD and has the longest
licence period. Therefore, these become the effective release dates.
15/03/06
08/04/06
07/04/08
13/12/2008
07/04/2010
14/09/2011
18 mos + 4 years consec
S1 + S3
CRD
SLED
4 years conc to 18 mos
S2
CRD
SLED
Example 10
Prisoner receives:
Sentence 1
Sentence 2
Sentence 3
6 years on 15/03/06
18 months on 06/08/08 concurrent to sentence 1
2 years on 26/04/09 consecutive to sentence 2
Sentence 1: CRD of 14/03/09 with a SLED of 14/03/2012
Sentence 2: CRD of 07/05/09 with a SLED of 05/02/2010
When sentence 3 is imposed consecutive to sentence 2, an aggregate of 3 and a half years is
created calculated from 06/08/08 effecting release dates of:
CRD of 07/05/2010 with a SLED of 05/02/2012
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 7
The latest CRD is that of the aggregated term (3 and a half years) – 07/05/2010, but the latest
SLED is that of sentence 1. Therefore, release will take place on 07/05/2010 on licence to
14/03/2012.
15/03/06
06/08/08
14/03/09 07/05/2010
05/02/2012
14/03/2012
6 years
S1
CRD
SLED
18 months + 2 years
S2 +S3
18.4
18.4.1
CRD
SLED
Remand time
The court, when passing a sentence, will direct how much remand time must be taken
into account against the sentence. However, the prison service must provide the court
with the details of remand applicable to each offence, The proforma ANNEX J must be
used to record remand time and must accompany the Prisoner Escort Report (PER) form
each time a prisoner attends court.
18.4.1.1 Where there is shared remand time, and release has taken place from the earlier
sentence where the Prison Service have already applied shared remand time, the court
should not direct the same period of remand to count towards a subsequent sentence
imposed.
18.4.1.2 Where there is shared remand time and release has not taken place from an earlier
sentence where remand time has already been taken into account by the Prison Service,
the court may make a direction that the shared remand time should count towards the
sentence it imposes.
18.4.1.3 Credit for periods of remand on bail
Where a Court sentences an offender on or after 3 November 2008, they will have the
authority to direct that all, some, or none of the time the offender has spent on bail on or
after 3 November 2008 in accordance with Section 3(6ZAA) of the Bail Act 1976, whilst
subject to an electronically monitored curfew of at least nine hours per day, will count
against the sentence they are imposing. The credit may be directed to count towards a
sentence that is subject to the release provisions of either the CJA03 or CJA91,
irrespective of the date the offence was committed.
The direction will appear on the Order of Imprisonment under a separate section to that
where the number of days remand to custody is directed in accordance with Section 240
of the CJA03.
When calculating sentences, the number of days bail time directed by the court must be
treated in the same way as remand to custody under Section 240 of CJA03. All
references in Chapter 18 as to how remand is taken in to account against sentence(s)
must be taken as meaning both remand to custody and remand on bail that is directed by
the court.
Where prisons have the authority for crediting remand time towards sentences imposed
for offences committed prior to 4 April 2005, any curfewed bail credit directed by the court
must also be allowed against the sentence imposed.
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 8
There are no checks that prisons can make on the number of days of bail credit directed
by the court. The figure on the Order of Imprisonment must simply be accepted and taken
into account when calculating the sentence.
Should prisoners disagree with the number of days of tagged bail directed to count by the
Court, they should pursue the matter with the Court through the usual appeal channels
LIDS
The number of days spent on remand on bail that have been directed by the court to
count towards the sentence must be added to any days spent on remand to custody that
have been directed and included in the total entered in the ‘remand time’ field in the date
screen on LIDS.
(Paragraph 18.4.1.3 added 18/11/08 in accordance with PSI 42/2008)
18.4.2
Concurrent sentences
18.4.2.1 Where there are multiple wholly concurrent, or concurrent and overlapping sentences, the
court may direct a total period of time to count comprising any remand relevant to any of
the concurrent/overlapping sentences, providing that a period is not counted more than
once. The remand time directed will reduce the latest CRD and SLED from the individual
sentences.
Example 11
A
Rx
B
Sentence 1
C
Rx
B
Sentence 2
B
Rx
B
Sentence 3
When imposing sentences 1 and 2, the court may direct that remand periods A and C must be
counted. The prison service would apply the total remand directed to the CRD and SLED of
sentence 2 (these would be later than those produced by sentence 1).
When sentence 3 is imposed, the prisoner has not been released from the earlier sentences and
so the sentences are concurrent and overlapping. Therefore, the court may direct that periods A, B
and C must be counted. The Prison Service would apply the total time directed to the CRD and
SLED of sentence 2, as this would still provide the latest dates of the three individual sentences
imposed.
Example 12
A
Rx
B
B
Rx
Issue number 157
Sentence 1
B
Sentence 2
issue date 23 October 2002
Order ref. 6650
page 9
The court may direct a maximum of the total number of days in remand period A to be credited
when sentence 1 is imposed.
Remand period B is shared with remand period A. Therefore when sentence 2 is imposed
concurrent to sentence 1, the court cannot direct that any additional remand time to period A be
credited.
Crediting remand time B in addition to all of remand time A would mean that period B had been
credited twice.
Example 13
A court imposes a 6 year sentence on 12 February 2006.
The Prison Service have advised the court (using the proforma at ANNEX J) that remand time
relevant to the offence is from 26 January 2006 to 11 February 2006.
At the same time, the court impose a sentence of 7 years concurrent.
Proforma ANNEX J provided by the Prison Service advised that remand time relevant to the
offence is from 26 January 2006 to 6 February 2006.
On 21 October 2006, the court impose a further sentence of 2 years concurrent for which the court
are informed that the relevant remand time is from 5 January 2006 to19 January 2006.
05/01/06
19/01/06
26/01/06
07/02/06
PERIOD A
12/02/06
6 YEARS
RX
S
PERIOD B
RX
21/10/06
7 YEARS
B
S
PERIOD C
RX
2 YEARS
B
S
When the sentences are passed on 12 February 2006, the 7 year sentence effects the latest CRD
and SLED. The court may direct that any remand time relevant to either of the sentences be taken
into account. The total directed time would reduce the CRD and SLED of the 7 year sentence. The
maximum the court may direct is the total period of A, because period B is served at the same
time as period A and a period of remand time can only be counted.
When the court impose the 2 year sentence release has not taken place from the earlier
sentences and so the court may direct that Period A and Period C must be counted towards the
sentences. The 7 year sentence still effects the latest CRD and SLED and they will be reduced by
Periods A and C.
12 February 2006 to 11 February 2013
Remand:
05/01/06 to 19/01/06 =
26/01/06 to 11/02/06 =
Days to SLED 2557 – 32
=
Days to CRD 2525 – (2557 ÷ 2)=
=
2557
15)
17)
=
32
2525
1247
=
=
10/01/2013
12/07/2009
18.4.3 Consecutive sentences
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 10
18.4.3.1 Any remand time directed by the court must reduce the aggregate sentence length and
the aggregate custodial period. The court must not direct that a period of remand time be
counted more than once
Example 14
A
6 years
Rx
B
S1
B
4 years consecutive
Rx
S2
The court may direct that remand periods A and B reduce the 10 year aggregate sentence and
consequently, the custodial period of 5 years.
Example 15
A prisoner receives a 4 year sentence on 15 March 2006. The court direct that there are 60
relevant remand days before the offender was bailed pending sentencing.
Subsequently, a 2 year sentence is imposed on 10 May 2006, ordered to be consecutive to the
total term of imprisonment to which the defendant is already subject. The court direct that there
are 30 relevant remand days (that occurred after the date of bail from the 60 remand days above,
but prior to the first date of sentence.
Period A
Rx
4 Years
B
S
Period B
Rx
2 Years Consecutive
B
S
The court order that remand period A and B should count. These periods will reduce the
aggregate 6 year sentence.
Aggregate sentence 15/03/2006 to 14/03/2012
Relevant remand is 60 days + 30 days
= 2192 days
= 90 days
Days to SLED 2192 – 90
= 2102 days
2102 days reckoned from date of first sentence
= 15/12/2011
Days to CRD 2102 – (2192 ÷ 2)
1006 days reckoned from date of first sentence
= 1006 days
=14/12/2008
Example 16
A prisoner receives a 3 year sentence on 29 June 2005 and 15 months consecutive. He was on
remand for offences in relation to both sentences from 20 March 05 to 29 June 05.
20/03/05
29/06/05
Period A
3 Years
Issue number 157
issue date 23 October 2002
Order ref. 6650
Period B
page 11
15 months consecutive
Total effective sentence length is the aggregate of the two sentences = 4 years 3 months. The
court may direct a maximum number of days remand equal to period A to count towards the
aggregate because a period of remand time may only count once and period B was at the same
time as period A.
18.5
Aggregate sentence 29/06/05 to 28/09/09
Court directed remand time
= 1553 days
= 101 days
Days to SLED 1553 – 101 days
1452 days from 29 June 05
= 1452 days
= 19/06/09
Days to CRD 1452 – (1553 / 2)
676 days from 29/06/05
= 676 days
= 05/05/07
Revocation of licence
18.5.1 Recall under Section 254 Criminal Justice Act 2003 – breach of licence conditions
18.5.1.1 Once a prisoner has been released on licence at the CRD (half way point of the
sentence), or released on HDC and is subsequently recalled under this section, the case
will be submitted to the parole board. They will either set a further review date, or specify
a re-release date. If a re-release date is set, release must take place on that date, on the
extant licence to the SLED.
18.5.1.2 In the event of the parole board not directing re-release before the SLED arrives, release
must take place unconditionally at the SLED. (for more information about recalls see insert hyperlink to ERRS PSI)
18.5.1.3 Where a prisoner is not returned to prison on the date that the licence is revoked and
s/he is recalled to prison, s/he will be deemed to be UAL from the time of the revocation
to the time of arrest. Section 18.6 of this guidance explains how UAL affects the
calculations.
18.5.2
Recall under Section 255 Criminal Justice Act 2003 – breach of Home Detention Curfew –
HDC
18.5.2.1 Where an offender is in breach of the HDC licence, the Early Release and Recall section
(ERRS) may revoke the licence under section 255 of the Criminal Justice Act 2003, the
offender must be returned to prison to serve until the CRD. Re-release will take place on
licence to the SLED. (for more information about recalls see PSO 6000000 )
18.5.2.2 If the offender does not return to prison on the day that the licence is revoked, s/he will be
UAL from the time of the revocation to the time of arrest. Section 18.6 of this guidance
explains how UAL affects the calculations.
18.6
Calculating unlawfully at large time – UAL
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 12
18.6.1
If a prisoner is not in custody when required to be, s/he is deemed to be unlawfully at
large (UAL). The period of absence, whilst s/he is UAL, will not be treated as part of the
sentence served, unless the Home Secretary directs that it should. The sentence is, in
effect, frozen at the point that the prisoner is UAL.
18.6.2
The period of UAL must extend ALL release dates, including the SLED. The calculation
will be carried out once the prisoner is returned to custody.
18.6.3
The first day of UAL to be counted, for calculation purposes will be the day after the
escape, ROTL failure, or day of licence revocation. The last day of UAL to be counted will
be the day before arrest/return to custody.
Example 17
Prisoner is released on ROTL on 5/08/05 and is due to return on 09/08/05. S/He fails to return and
is arrested on 12/09/05. UAL to count will be 33 days 10/08/05 to 11/09/05 inclusive. Therefore,
the CRD and SLED will be extended by 33 days
18.6.4
Effect of UAL on consecutive sentences
18.6.4.1 If a prisoner has been UAL and subsequently receives a consecutive sentence, the
sentence will be calculated in the normal way, by aggregating the two sentences and
calculating release dates from the date of the first sentence. The release dates will be
extended by the UAL period.
18.6.5
Effect of UAL on concurrent sentences
18.6.5.1 UAL will extend all the release dates of the individual sentences and consequently, the
adopted latest CRD, or PED and SLED.
18.7
Added days awarded - ADAs
18.7.1
Added days awarded by an independent adjudicator will extend the CRD only. They will
not extend the SLED.
18.7.2
In the case of extended sentences for dangerous offenders Added Days Awarded will
extend the CRD (also known as the custodial end date) and PED only. They will not
extend the SLED.
18.7.3 Where a licence has been revoked under Section 254 and the parole board have not set a
re-release date, notification of the ADAs must be forwarded to the parole board for them to
consider at the next scheduled review hearing. If a re-release date has already been set by
the parole board that is earlier than the SLED, the ADAs will extend the set re-release date.
18.8
Appeals
18.8.1 Where the court dismisses the appeal, or re-imposes the same sentence, there is no need
to amend the calculations already in place.
18.8.2 Where the Crown Court imposes a different sentence from that imposed by the lower court,
new release dates must be calculated from the date of the Crown Court hearing, taking into
account any court direction in relation to remand time.
18.8.3 Unless the appeal court states otherwise, the number of days already ‘served’ from the
original sentence, must be deducted from the effective sentence length and the custodial
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 13
part of the new specified sentence. The appropriate SLED and CRD can then be
calculated.
18.8.4 Where the Court of Appeal (COACD) varies a sentence, the sentence must be calculated
from the original Crown Court date and not the COACD date, unless the court specifies
differently.
18.9
Interaction with other types of sentence
18.9.1 Interaction with sentences in existence prior to CJA03 implementation
18.9.1.1 The calculation of previous sentences imposed prior to the implementation of CJA03 will
remain unchanged. Any sentence, of 12 months and over, imposed for offences
committed on or after 04/04/05 will NOT be single termed with the earlier sentences, but
will run in parallel and will have its own release dates calculated.
18.9.1.2 Release must not take place until the latest release date from each sentence has been
reached.
18.9.1.3 Release will be on licence to the latest of either the LED of the earlier sentence or the
SLED of the new sentence.
18.9.1.4 Where there is shared remand time between sentences for offences committed on or
after 04/04/05 (‘new’ sentences) and sentences for offences committed prior to 04/04/05
(‘old’ sentences), providing there has been no release from the ‘old’ sentence before the
‘new’ sentence is imposed, the court should order a period of shared remand that may
have been taken into account by the prison service against the ‘old’ sentence to be taken
into account against the ‘new’ sentence.
Example 18
29/12/04 30/12/04
09/02/05
10/04/05 11/04/05
A
O/C
Rx
29/06/05
B
B
Rx
27/07/05
2 years
S1
C
O/C
Rx
18 months concurrent
S2
On 27/07/05 the court would make a remand direction in relation to remand period C to count
against the 18 months sentence imposed as no release had taken place from the 2 years
sentence before the 18 months was imposed.
The prison service would apply remand time periods A and B against the 2 year term imposed on
29/06/05.
18.9.1.5 Similarly, where an ‘old’ sentence is imposed after a ‘new’ sentence before release has
taken place, any shared remand time that the court directed to count towards the ‘new’
sentence may be applied as section 67 time by the Prison Service against the ‘old’
sentence.
18.9.1.6 Where release has taken place before the subsequent sentence is imposed, any shared
remand time prior to the earlier sentence cannot be applied to the subsequent sentence
either by the Prison Service or by court direction.
Example 19
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 14
27/05/04 30/05/04 18/07/04
A
o/c
Rx
05/05/05 06/05/05 20/05/05
B
B
Rx
19/07/05
B
03/09/06
12 months
S
C
O/c
05/05/06
2 years
Rx
S
CRD
When the court impose the 2 year sentence on 19/07/05, they will make a direction for remand
period C to count against that sentence.
When the prison service calculate the 12 months sentence imposed on 3/09/06 only period A may
be applied. Period B was swallowed up by period C that has already been taken into account
against a sentence from which release has taken place before the imposition of the 12 months.
Once release has taken place, shared remand time becomes ‘dead’ time.
18.10 Interaction with under 12 month sentences for offences committed on or after 04/04/05
Where a court imposes an overall sentence, comprising multiple sentences, for offences
committed on or after 04/04/05, where the sentences are a mixture of 12 months and over
and under 12 months, the individual sentences must be separated. The under 12 months
sentences will be calculated under the release provisions of CJA1991 in that they will be
single termed, but the sentences of 12 months and over will fall to be calculated in
accordance with the release provisions of CJA 2003 in that they will be parallel to the under
12 month single terms and the release dates of each sentence compared with the latest
release dates adopted.
18.10.1 Where there are multiple under 12 month sentences that combine to make a single term
of 12 months or over, the release provisions of CJA1991 will still apply.
Example 20
12/11/04 13/02/05 06/04/05 15/05/05 16/05/05
19/08/05
Period A
O/C
RX
2 years
S1
Period B
O/C
Rx
18 mos conc to S1
S2
Period C
O/C
Rx
6 mos consec to S1
S3
Period D
O/C
Rx
12 mos conc to S1
S4
Even though S3 is for an offence committed after 04/04/05, the individual sentence is for less than
12 months. Therefore, it falls to be treated as an ‘old’ sentence and is single termed with S1 and
S2 and calculated in accordance with CJA1991 provisions. The 12 months imposed as S4 is
calculated under the provision of CJA03 and the release dates from the two schemes compared.
The later dates produced by the two schemes become the effective release dates.
S1 to S3 make a single term of 2 years 6 months to which the prison service will apply remand
period, (Periods B & C are swallowed up by period A), effecting release dates of:
SED 15/11/07
CRD 15/08/06
LED 01/04/07
The Judge will direct that remand period D is to count towards the 12 months of S4 effecting
release dates of:
SLED 15/05/06
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 15
CRD
14/11/05
The 2 years 6 months effects the latest release dates and so become the effective release dates.
18.11
Interaction with lodged warrants/fines
18.11.1
Unless ordered otherwise, the default term will commence on the date that the
warrant/order is signed by the court, or the date of reception into custody (whichever is
the later). The fact that the Governor might not receive the order for several days will not
affect this. In the event that the prisoner is not in custody, the warrant must be returned
to the court with an explanatory note.
18.11.2
A lodged warrant can be received in respect of either a remand prisoner or a sentenced
prisoner. A lodged warrant received during a period of remand changes the prisoner’s
status to that of a sentenced prisoner. Any subsequent sentencing court must be advised
(using proforma ANNEX J) of the custodial part of the fine and the period of remand it
affected.
18.11.3
A concurrent lodged warrant received during
the currency of the custodial part of a sentence will run in parallel.
18.11.4
A consecutive lodged warrant will commence the day after the CRD of the earlier
sentence, thereby deferring the actual date of release. It will NOT affect the SLED.
18.11.5
Where there is a consecutive lodged warrant/fine in existence and the prisoner is
granted HDC, the CRD will be amended to that without the default term and the default
term will be recalculated from the day after the approved HDC date. If the recalculated
release date effects an HDC period of less than 14 days, the prisoner becomes ineligible
for HDC and the calculation is put back to the default term being served from the day
after the CRD.
18.11.6
Where there is a consecutive lodged warrant/fine in existence and the prisoner is
granted parole, the default term will be recalculated from the day after the approved
parole date and the NPD amended to that without the default term. Once the default term
has been served after the approved parole date, release on parole can take place.
18.12
Interaction with a Detention and Training Order (DTO)
18.12.1 It is possible for an offender to be subject to both a DTO and a sentence of imprisonment
at the same time. The two terms may be concurrent and overlapping, concurrent, or the
sentence of imprisonment may be ordered to be consecutive to the DTO. The two terms
will be calculated separately, effecting their own release dates. The latest release dates
will be adopted.
18.12.2 DTO followed by sentence of imprisonment If an offender currently serving a DTO in
custody receives a sentence of imprisonment, the latter is treated as beginning either on
the day it is passed or, if the court orders it to be served consecutively, on the day after
the offender would otherwise have been released from the DTO (i.e. the day after the
mid term date, or early release date).
18.12.3
Sentence of imprisonment imposed during the licence period of a DTO
If an offender receives a sentence of imprisonment during the licence period of the DTO,
the sentence must begin on the day that it was passed by the court and will run parallel
to the licence period of the DTO.
18.12.4 DTO recall/re-detention followed by sentence of imprisonment
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 16
Where the court order the sentence to be consecutive to a period of recall/re-detention,
the sentence must be calculated from the day after the release date of the period of
recall/re-detention. If the court do not specify that the sentence is consecutive, it must be
calculated from the date of imposition and will run parallel to the period of DTO recall/redetention. The latest release dates will be adopted.
18.12.5
Sentence of imprisonment followed by a DTO Such cases are likely to be rare, but the
DTO will commence on the day that it is passed, or if the court orders it to be served
consecutively, on the day after the offender would otherwise have been released from
the sentence
18.13 Extended sentences for Public Protection imposed Post CJA03
18.13.1
An extended sentence for Public Protection (ESPP) will be imposed if a sexual, or violent
offender is assessed by the Court as posing a significant risk to the public and the
offence committed carries a maximum penalty of less than 10 years, where the sentence
imposed is at least 12 months.
18.13.2 The Court must impose a custodial period and an extended licence period. The extended
licence period may be up to 5 years for a violent offence and up to 8 years for a sexual
offence.
18.13.3
The offender will become eligible for parole at the half way point (PED) of the custodial
term. Release is NOT automatic at this point. It must be recommended by the parole
board. The parole board may recommend release at any time between the half-way point
of the custodial part of the sentence and the custodial end date (CED). Release will be
on licence to the extended SLED. The custodial end date will be entered on LIDS in the
CRD field.
18.13.4 A calculation sheet for the calculation of the release dates for CJA03 extended
sentences for public protection is at Annex ii.
DOS
PED
CED
CUSTODIAL PERIOD
SLED
EXTENSION PERIOD
Example 21
A prisoner receives an extended sentence of 14 years comprising a custodial period of 6 years
and an extension period of 8 years. The sentence is imposed on 19 August 2005.
Total sentence is 14 years and runs from 19/08/05 to 18/08/2019 =
Days to SLED is 5113 reckoned from 19/08/05
Custodial period is 6 years from 19/08/05 to 18/08/2011
Days to CED is 2191 reckoned from 19/08/05
Parole Eligibility Date is 2191 ÷ 2 (rounded up)
Issue number 157
5113 days
=
18/08/2019
=
2191
=
18/08/2011
=
1096
issue date 23 October 2002
Order ref. 6650
page 17
Days to PED is 1096 days from 19/08/05
=
18/08/08
Release may take place between 19/08/08 and 18/08/2011 by recommendation from the parole
board only. If no recommendation is made, release must take place on 18/08/2011. Any release
will be on licence to the SLED.
Example 22
A prisoner receives an extended sentence of 18 years comprising a custodial period of 12 years
and an extension period of 6 years. The sentence is imposed on the 7 May 2005 and 276 days
remand are ordered to be taken in to account.
Total length of sentence is from 07/05/05 to 06/05/2023
=
Remand time ordered to be taken into account
=
276
Days to SLED 6574 – 276
=
6298
6298 days from 07/05/05
=
03/08/2022
=
4383
Days to CED is 4383 – 276 (remand)
=
4107
4107 days from 07/05/05
=
03/08/2016
=
1916
=
04/08/2010
Custodial period is 12 years from 07/05/05 to 06/05/2017
Parole Eligibility Date is 4107 – (4383 ÷ 2)
Days to PED is 1916 days from 07/05/05
6574 days
18.14 Terms of imprisonment in default and Contemnors
18.14.1 Generally, contemnors and those serving terms of imprisonment in default will continue to
be treated as per Chapters 17 and 16 (respectively) of PSO 6650. However, where the
default terms were imposed on or after 04 April 05, release will take place at the half way
point of the custodial term regardless of the length of the term imposed.
18.14.2 The CJA03 does not affect the calculation of the other civil terms covered in Paragraph
16 of PSO 6650. Where PSO 6650 advises that civil terms have to be served in full,
there must be no change to the calculation process for such terms imposed for offences
committed on or after 04 April 05 (I.e. Post CJA03)
18.15
Calculating HDC eligibility dates (see HDC instruction for guidance)
18.15.1 Eligible prisoners who receive a determinate sentence of 12 months or more (when
custody plus is implemented this will be extended to 3 months or more) may be released
on HDC for up to a maximum period of 135 days, subject to length of sentence.
18.15.2 Eligible prisoners must serve at least one half of the custodial period, (i.e. half the number
of days to CRD) subject to a minimum of 4 weeks (28 days).
18.15.3 Prisoners serving at least 12 months but less than 18 months may spend between 3
months and 4 ½ months on HDC depending on length of sentence.
Issue number 157
issue date 23 October 2002
Order ref. 6650
18.15.4
page 18
Prisoners serving at least 18 months may spend 135 days on HDC.
18.15.5 Where there are multiple concurrent sentences the HDC eligibility date of each individual
sentence must be calculated and the latest eligibility date adopted.
18.15.6
Where there are 2 or more consecutive sentences, the HDC eligibility date is calculated
on the aggregate custodial term
Link back to Contents
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 19
ANNEX A
COUNTING OF TIME IN CUSTODY BEFORE SENTENCE
A.
Examples of periods of custody TO BE COUNTED as reducing a sentence

On remand under section 10(3) of the Magistrates’ Courts Act 1980.

On committal for medical examination under section 30 of the Magistrates’ Courts
Act 1980 if the offence is punishable on summary conviction by imprisonment.

On committal for sentence under sections 37 (for juveniles) and 38 (for offenders
over 18) of the Magistrates Court Act 1980.

On committal under section 120 of the Powers of Criminal Courts Act 2000, i.e. to
be dealt with in respect of a suspended sentence. The same type of committal can
take place under section 56 of the Criminal Justice Act 1967.

On committal under the provisions of the Mental Health Act 1983:
(a)
section 35 - remand to hospital for reports on mental condition
(b)
section 36 - remand to hospital as an alternative to a remand in custody.
Does not include periods spent on bail with a condition of residence in a
hospital for treatment
(c)
section 38 - subject to an interim hospital order
(d)
section 43 - committed for the imposition of a restriction order
(In the case of sections 35 and 36 the person may be remanded for up to 28 days
at a time
and for a total of 12 weeks)

On remand after arraignment, commonly known as a JR (judgement respited), i.e.
sentence postponed after conviction.

On remand while at the same time detained under the Immigration Act 1971.

In police detention under section 49 of the Police and Criminal Evidence Act 1984.

In HM Customs and Excise detention under sections 151 or 152 of the Criminal
Justice Act 1988 .

Where the prisoner had been on remand and subsequently received a community
punishment and rehabilitation order (combination order) or a curfew order or a drug
treatment and testing order and later has this substituted by a custodial sentence.

Where someone breaches bail, is placed on remand for the substantive offence, is
subsequently acquitted for the substantive offence but is sentenced for breach of
bail.
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 20
B.
Examples of periods of custody which do NOT count as reducing a sentence

Where the prisoner was also serving a sentence or term in default of a fine.

Where the prisoner had been on remand and subsequently received a community
rehabilitation order (also known as a probation order), a community punishment
order (also known as a community service order), an order for conditional discharge
or a suspended sentence and later has this substituted by a custodial sentence.

Where someone is given an order under section 116 of the 2000 Act, remand time
in respect of the new offence will not count to reduce the section 116 order, if no
custodial sentence is imposed for the new offence (but where a custodial sentence
is imposed, remand time will count towards the single term formed by the new
sentence and the section 116 period).

Where an offender is serving a sentence of imprisonment imposed by a court
martial or standing civilian court, any time spent in custody before sentence shall
not be treated as reducing the sentence imposed (the court takes account of this
period in determining the length of the sentence).

Time spent in custody abroad prior to extradition to the UK for trial will not count
towards sentence unless the trial judge specifies that it will under section 47(2)
of the 1991 Act. For prisoners repatriated to the UK under the Repatriation of
Prisoners Act 1984 the rules on sentence calculation are different and advice
should be sought from the Cross Border Transfer section.

One day appearances at court to answer to bail and the time spent at court
attending a trial, where bail has been granted, do not count as days in custody.
However, if the judge or magistrate makes a specific order that the person be
confined to the court cells during any recesses, this will normally count as relevant
remand time. Cases in which a prisoner claims that court custody time should
count against sentence should be referred to the sentence calculation helplines in
headquarters.

Breach of an order under the Family Law Act 1996.

Remand time in respect of offences which are being taken into consideration.
Link back to Contents
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 21
ANNEX B
FORMS FOR POLICE CUSTODY TIME
First form: for issue to all prisoners prior to interview on first reception into prison
custody. The prisoner must be asked to supply the information required and sign the
form. Should the prisoner decline to do so the possible effect on his or her release date
must be explained.
For any relevant time to be credited towards your release date this form should be
completed and forwarded to the Discipline/Custody office
Surname ........................................
Forenames.....................................
Aliases..................................... .....
Prison No: .............................
Date of Birth................................
FROM
TO
LOCATION
OFFENCE
Signed ................................................................
-----------------------------------------------------------------------------------------------------------This section for completion by Discipline/Custody Office
To: ...................................................... (name of prisoner)
The following dates have been confirmed as relevant police detention/remand time.
Issue number 157
issue date 23 October 2002
Order ref. 6650
Signed: ............................................................
Issue number 157
page 22
Date: ...........................
issue date 23 October 2002
Order ref. 6650
page 23
Second form: to be sent to the relevant police station(s).
To: The Custody Sergeant
From: HM Prison
Date: ...........................
TIME SPENT IN POLICE DETENTION
Surname ........................................
Forenames.....................................
Aliases..................................... .....
Prison No: ...........................…
Date of Birth................................
The above named prisoner claims that he was held in custody at your station on the
following dates:
Please check your records, complete the table below and return to the above address.
I confirm that the periods indicated below were spent in custody at this station
Signed:...........................................................
Date of arrest
Date of
Offence
release
Date: ..................................
Date of offence
If the prisoner was held on Breach of Bail please specify whether section 6 or section 7 of
the Bail Act 1976 applied
Link back to Contents
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 24
ANNEX C
SENTENCE CALCULATION SHEETS
The three calculation sheets reproduced in the pages which follow correspond to the three
release schemes:
 the first form, which is white, is for adults and young offenders aged 18 and over
sentenced to less than 12 months, and young offenders under the age of 18 sentenced
to 12 months or less;
 the second form, which is pink, is for adults and young offenders aged 18 and over
sentenced to 12 months or more but less than 4 years, and young offenders under the
age of 18 sentenced to more than 12 months but less than 4 years;
 the third form which is blue, is for all adults and young offenders sentenced to 4 years
or more.
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 25
Adults + YO’s 18 and over
Under 12 months
YO’s under 18
12 months and under
CALCULATION OF RELEASE DATES
COMMITTAL DETAILS
Cases Dates
Offence
Police
Committed Custody
Remand
WHITE form
Bail at
Reception Sentence
Prison/Court Off Bail
Sentence/
Order
Number Of Days
Sentence
A.
Total length of sentence
from
to
B.
Time in custody to count
Police from________ to________
=
Prison from________ to________
=
Prison from________ to________
=
C
Actual term (A - B)
D
Automatic release date C - (A÷2)
Jan
31
31
31
31
SED = number of days
at C
from
date
of
sentence
=
:
:
ARD = number of days
at D
from
date
of
sentence
=
:
:
31
31
Feb
Jan
Feb
Mar
31
31
31
31
31
31
Mar
Apr
30
30
30
30
30
30
Apr
Issue number 157
365x2
365x3
365x4
365x5
365x6
365x7
365x8
730
1095
1460
1825
2190
2555
2920
issue date 23 October 2002
Order ref. 6650
page 26
365x9
May
31
31
31
31
31
31
May
Jun
30
30
30
30
30
30
Jun
Jul
31
31
31
31
31
31
Jul
Aug
31
31
31
31
31
31
Aug
Sep
30
30
30
30
30
30
Sep
Oct
31
31
31
31
31
31
Oct
Nov
30
30
30
30
30
30
Nov
Dec
31
31
31
31
31
31
Dec
3285
LEAP YEARS
Issue number 157
1992
1996
2000
2004
2008
2012
2016
2020
2024
2028
issue date 23 October 2002
Order ref. 6650
page 27
Adults + YO’s 18 and over
form
12 months to under 4 years
YO’s under 18
Over 12 months to under 4 years
PINK
CALCULATION OF RELEASE DATES
COMMITTAL DETAILS
Cases Dates
Offence
Committed
Police
Custody
Remand
N.B. Minimum time to be served on
licence
must be
A÷4 (rounded up) =
A.
Total length of sentence
from
to
B.
Time in custody to count
Bail at
Reception Sentence
Prison/Court Off Bail
Sentence/
Order
Number Of Days
Sentence
Police from________to ________
=
Prison from________ to ________
=
Prison from________
to_________ =
C
Actual term (A - B)
D
Conditional release date C - (A÷2)
E
Licence expiry date C - (A÷4)
Jan
31
31
31
31
SED = number of days at
C
from date of
sentence
=
:
:
CRD = number of days at
D
from date of
sentence
=
:
:
LED = number of days at
E
from date of
sentence
=
:
:
31
31
Feb
Mar
Jan
Feb
31
Issue number 157
31
31
31
31
31
Mar
365x2
365x3
365x4
365x5
365x6
365x7
730
1095
1460
1825
2190
2555
issue date 23 October 2002
Order ref. 6650
page 28
Apr
30
30
30
30
30
30
Apr
May
31
31
31
31
31
31
May
365x8
365x9
2920
3285
LEAP YEARS
Jun
30
30
30
30
30
30
Jun
Jul
31
31
31
31
31
31
Jul
Aug
31
31
31
31
31
31
Aug
Sep
30
30
30
30
30
30
Sep
Oct
31
31
31
31
31
31
Oct
Nov
30
30
30
30
30
30
Nov
Dec
31
31
31
31
31
31
Dec
Issue number 157
1992
1996
2000
2004
2008
2012
2016
2020
2024
2028
issue date 23 October 2002
Order ref. 6650
page 29
Adults + YO’s
form
4 years and over
CALCULATION OF RELEASE DATES
COMMITTAL DETAILS
Cases Dates
Offence
Police
Committed Custody
Remand
N.B. Minimum time to be served on
licence
must be
A÷12 (rounded up) =
A.
Total length of sentence
from
to
B.
Time in custody to count
Police from________ to________
BLUE
Bail at
Prison/
Court
Reception Sentence
Off Bail
Sentence/
Order
Number Of Days
Sentence
=
Prison from________to________
=
Prison from________to________
=
C
Actual term (A - B)
D
Parole eligibility date C - (A÷2)
SED = number of days at
C
from date of
sentence
=
:
:
PED = number of days at
D
from date of
sentence
=
:
:
NPD = number of days at
E
from date of
sentence
=
:
:
LED = number of days at
F
from date of
sentence
=
:
:
E
Non parole release date C (A÷3)
F
Jan
Licence expiry date C - (A÷4)
31
31
Feb
Issue number 157
31
31
31
31
Jan
Feb
365x2
365x3
365x4
365x5
730
1095
1460
1825
issue date 23 October 2002
Order ref. 6650
page 30
Mar
31
31
31
31
31
31
Mar
Apr
30
30
30
30
30
30
Apr
May
31
31
31
31
31
31
May
Jun
30
30
30
30
30
30
Jun
365x6
365x7
365x8
365x9
2190
2555
2920
3285
LEAP YEARS
Jul
31
31
31
31
31
31
Jul
Aug
31
31
31
31
31
31
Aug
Sep
30
30
30
30
30
30
Sep
Oct
31
31
31
31
31
31
Oct
Nov
30
30
30
30
30
30
Nov
Dec
31
31
31
31
31
31
Dec
1992
1996
2000
2004
2008
2012
2016
2020
2024
2028
Link back to Contents
Issue number 157
issue date 23 October 2002
Order ref. 6650
page 31
ANNEX D
SPECIAL REMISSION TABLE
 Always use the figures from page 2 of the calculation sheet.
 If you use figures from page 1 of the calculation sheet an allowance has to be made for
any ADA’s or UAL.
A
Number of days @ box A on calculation sheet
B
Number of days to ARD, CRD, NPD, PED
C
Number of days earlier release approved
D
B - C to give a new total
E
Number of days remand (or police custody time) + D
F
100% of E for ARD, CRD, PED
50% of E (rounded down) for NPD
G
E + F = new sentence length
H
A - G = number of days special remission
A new calculation must now be carried out using the new sentence length (as at G
above)
Link back to Contents
Issue number 157
issue date 23 October 2002
page 32
Order ref. 6650
ANNEX E
LIST OF LOCAL AUTHORITY SECURE UNITS
l
Aldine House
Limb Lane
Dore
Sheffield S17 3ES
Tel. 0114 262 1160
Fax. 0114 262 1260
Clayfields House
Moorbridge Lane
Stapleford
Nottinghamshire NG9 8GU
Tel. 0115 917 0010
Fax. 0115 917 0011
Atkins Unit
Northbrook CH School
Beacon Lane
Beacon Heath
Exeter EX4 8NA
Tel. 01392 251449
Fax. 01392 494207
Dales House
Fylde Community
Normoss Road
Blackpool FY3 0BE
Tel. 01253 884551
Fax. 01253 894269
Aycliffe Secure Facilities
Copelaw
Newton Aycliffe
Co Durham DL5 6JB
Tel. 01325 300101
Fax. 01325 375650
Barton Moss Secure Care Centre
Barton Moss Road
Eccles
Manchester M30 7RL
Tel. 0161 707 2402
Fax. 0161 707 2835
Beechfield
Effingham Road
Copthorne
Crawley RH10 3HZ
Tel. 0134 271 2309
Fax. 0134 271 7332
Briars Hey CH
Orchard House ICU
Mill Lane
Rain Hill
Lancs L35 6NE
Tel. 0151 430 9677
Fax. 0151 430 8455
Brunel Unit
125c Market Street
Clay Cross
Mids
Chesterfield S45 9LX
Tel. 01246 862397
Fax. 01246 348705
Clare Lodge
104 Welmore Road
Glinton
Peterborough PE6 7LU
Tel. 01733 253246
Fax. 01733 253565
Issue number 157
Dyson Hall
Gladstone Unit
Higher Lane
Fazakerley
Liverpool L9 7HB
Tel. 0151 284 3000
Fax. 0151 525 0392
East Moor CC
Central Secure Unit
Tile Lane
Adel
Leeds LS16 8EB
Tel. 0113 267 3459
Fax. 0113 267 2218
Hillside Secure Centre
Off Burnside
Cimla
Neath SA11 1UL
Tel. 01639 641648
Fax. 01639 620236
Kyloe House
Netherton Park
Stannington
Near Morpeth
Northumberland NE61 6DE
Tel. 01670 785900
Fax. 01670 785902
Laboure House
St Catherines CH
Blackbrook Road
St Helen’s
Merseyside WA11 9RJ
Tel. 01744 606119
Fax. 01744 606201
Lansdowne CC
Hawks Road
Hailsham
East Sussex BN27 1HT
Tel. 01323 843771
Fax. 01323 849235
issue date 23 October 2002
page 33
Order ref. 6650
Leverton
Park Lane
Great Warley
Brentwood CM14 5LL
Tel. 01277 222785
Fax. 01277 232473
Stamford House
206 Goldhawk Road
Shepherds Bush
London W12 9PA
Tel. 020 8743 9461
Fax. 020 8746 0781
Lincolnshire SU
Rookery Avenue
Sleaford
Lincolnshire NG34 7TY
Tel. 01529 302894
Fax. 01529 414600
Stoke House
Sherbourne SU
Lloyd Cresent
Wyken
Coventry CV2 5NY
Tel. 01203 444299
Fax. 01203 447863
Orchard Lodge
William Booth Road
Anerley
London SE20 8BG
Tel. 020 8402 9696
Fax. 020 8402 9697
Redbank CH
Special Unit
Winnick Road
Newton Le Willows
Merseyside WA12 8AE
Tel. 01925 224621
Fax. 01925 220710
Redbank CH
Vardy House
Winnick Road
Newton Le Willows
Merseyside WA12 8AE
Tel. 01925 224621
Fax. 01925 220710
Redsands CC
Oak House SU
251 Crew Road
Willaston
Nantwich
Cheshire CW5 6NE
Tel. 01270 664166
Fax. 01270 664116
St Johns
Tiffield
Northamptonshire NN12 8AA
Tel. 01604 859411
Fax. 01604 959580
St Johns CHE
Earlswood
18 Gravelly Hill North
Erdington
Birmingham B23 6BQ
Tel. 01213 825121
Fax. 01213 776727
Issue number 157
Sutton Place SC
347 Salthouse Road
Hull HU8 9HR
Tel. 01482 374186
Fax. 01482 712173
Swanwick Lodge
Swanwick
Southampton SO3 7HD
Tel. 01489 581913
Fax. 01489 572921
Thornbury House
40 The Moors
Kidlington
Oxfordshire OX5 2AL
Tel. 01865 373153
Fax. 01865 842348
Vinney Green
Richmond Road
Emmerson Green
Mangotsfield
Bristol BS16 7AA
Tel. 0117 970 2286
Fax. 0117 970 2326
Watling House
Watling Street
Gailey
Staffordshire ST19 5PR
Tel. 01902 798220
Fax. 01902 798224
Link back to Contents
issued 23 Oct 2002
Order ref 6650
page 74
ANNEX F
DTO CALCULATION SHEET
Cases
Dates
DTO
Number of days
DTO
A. Total length of DTO
SED = number of
days at A from
date of sentence, (
- B if applicable ).
=
:
:
from: ..............to: ...........
B. Time served on Appeal (if applicable)
C. Half-way point A  2 (rounded up)
Half-way point =
number of days at
C from date of
DTO (rounded up)
=
:
:
Where there is time served on appeal A ÷ 2 - B
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
31
31
31
31
31
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
31
30
31
30
31
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Leap Years:
2004
2008
2012
Link back to Contents
Issue number 157
issued 23 Oct 2002
Order ref. 6650
page 75
ANNEX G
MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
Amount
Maximum period
Not exceeding £200
7 days
Exceeding £200 but not exceeding £500
14 days
Exceeding £500 but not exceeding £1,000
28 days
Exceeding £1,000 but not exceeding £2,500
45 days
Exceeding £2,500 but not exceeding £5,000
3 months
Exceeding £5,000 but not exceeding £10,000
6 months
Exceeding £10,000
12 months
_________________________________________________________
Exceeding £10,000 but not exceeding £20,000
12 months
Exceeding £20,000 but not exceeding £50,000
18 months
Exceeding £50,000 but not exceeding £100,000
2 years
Exceeding £100,000 but not exceeding £250,000
3 years
Exceeding £250,000 but not exceeding £1 million
5 years
Exceeding £1 million
10 years
The amounts above the line are those that can be imposed by a Magistrates’ Court.
Those below the line can only be imposed by a Crown Court, although they would be
remitted to the appropriate Magistrates’ Court for enforcement.
Link back to Contents
Issue number 157
issued 23 Oct 2002
Order ref. 6650
page 76
ANNEX H
PAY-OUT CALCULATION SHEET
Number:
Sentence:
Start Date:
Release On:
Name:
2
1
3
4
A Days in sentence (as reduced
if applicable)
B Days actually served
Friday/Bank Holiday credit
days e.g. Friday + 2
days to ARD
C Days entitlement
Under 12 mths 100% of B
12 mths & over 50% of B
(rounded down)
=
D B + C = days deemed to
have been served
E A - D = days to pay for
Formula for Calculations
Number of days to pay for x £ amount of original fine
Number of days in original sentence - 1
= Amount required (£)
Each fine must be calculated separately
1
days x £
- 1 day
=
£
2
days x £
- 1 day
=
3
days x £
- 1 day
=
£
4
days x £
- 1 day
=
£
£
£
Minus any appropriations plus
distress warrants
Sub Total
£
£
Calculation completed by:
Date:
Issue number 157
Total required to secure release
Checked by:
Date:
issued 23 Oct 2002
Order ref. 6650
page 77
ANNEX I
EARLY RELEASE OF CIVIL PRISONERS
Occasion
Court
Remand or police
custody time
applies?
Early
release?
Full payment
required or part
admissible?
Council Tax
Mag
County
no
no
part
full
Income Tax
Mag
County
no
no
part
full
Maintenance arrears and
costs
Mag
no
no
part
Civil and judgment debts
Contempt of court (civil & criminal)
Contempt of court, i.e. of
some order of the court in
connection with the case in
hand
Crown
Mag
High
County
no
no
no
no
yes
yes
yes
yes
Disobey non-monetary order
Mag
no
yes
Upon breach of
bindover/forfeiture of
recognizances to keep the
peace/upon the complaint of
another person
Crown
Mag
no
no
no
no
Failure to enter
recognizances(i.e. to be
bound over)
Crown
Mag
no
no
yes
yes
Various acts of mischief in the
Court
Crown
Mag
High
County
no
no
no
no
yes
yes
yes
yes
Fine imposed upon
conviction, changed to
imprisonment in default of
payment
no
yes
part
Compensation and costs
connected with such a fine
no
yes
part
no
yes
part
part
part
Imprisonment in default
Confiscation orders on receipt
of warrant of commitment
following enforcement
Issue number 157
issued 23 Oct 2002
Order ref. 6650
page 2
Annex J
PROFORMA TO RECORD REMAND TIME FOR PRESENTATION TO THE COURT
Magistrates Court:
Court
on
CMTD to
Crown
(Date)
Crown Court Case Number
OFFENCES
DATE
COMMITTED
DATE OF
FIRST REMAND
COURT
HEARING
DATES
BAILED
No of days on
Remand
Cumulative remand
Additional information (i.e any remand time served at the same time as a period of imprisonment or period of
licence recall, OR any time already taken into account on a previous sentence)
CALCULATION OF RELEASE DATES – 12 MONTHS AND OVER CJA2003
No.
Establishment
Name.
Date
Issue number 157
Reason for variation
No of
days
SLED
CRD
Initials
Calc
Check
issued 23 Oct 2002
Order ref. 6650
page 3
(Upon first reception after
sentence)
DIAGRAM OF SENTENCE(S)
Link back to Contents
Issue number 157
issued 23 Oct 2002
Order ref. 6650
page 4
CJA03 SENTENCES 12 MONTHS AND OVER
ANNEX i
A
SENTENCE
Individually
for
concurrent sentences
and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence
1
yrs
days
yrs
days
DATE OF SLED
(Number of
days at B
reckoned
from DOS)
NUMBER OF
DAYS TO CRD
DATE OF CRD
(Number of
days at D
reckoned from
DOS)
B ÷ 2
Rounded up
mos
to
mos
days
From
Sentence
5
NUMBER OF
DAYS IN
SENTENCE
to
yrs
days
yrs
E
mos
From
Sentence
4
D
to
From
Sentence
3
C
mos
From
Sentence
2
B
to
yrs
days
mos
From
to
EFFECTIVE RELEASE DATES
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
G
H
EFFECTIVE SLED
EFFECTIVE CRD
Latest date in E minus F
Latest date in C minus F
Feb
Feb
Mar
31
31
31
31
31
31
Mar
Apr
30
30
30
30
30
30
Apr
May
31
31
31
31
31
31
May
Jun
30
30
30
30
30
30
Jun
Jul
31
31
31
31
31
31
Jul
Aug
31
31
31
31
31
31
Aug
Sep
30
30
30
30
30
30
Sep
Oct
31
31
31
31
31
31
Oct
365
365
365
365
365
365
365
x
x
x
x
x
x
x
3 1095
4 1460
5 1825
6 2190
7 2555
8 2920
9 3285
LEAP YEARS
Issue number 157
2004
2008
2012
2016
2020
2024
2028
2032
issued 23 Oct 2002
Order ref. 6650
page 5
Nov
30
30
30
30
30
30
Nov
Dec
31
31
31
31
31
31
Dec
Issue number 157
2036
2040
2044
2048
issued 23 Oct 2002
Order ref. 6650
page 6
CALCULATION OF RELEASE DATES – CJA2003
DETERMINATE SENTENCE FOR PUBLIC PROTECTION
No.
Name.
Initials
Establishment
Date
Reason for variation
No of
Days
SLED
CRD
(CED)
PED
Calc
Check
(Upon first reception
after sentence)
DIAGRAM OF SENTENCE(S)
Link back to Contents
Issue number 157
issued 23 Oct 2002
Order ref. 6650
page 7
CJA03 EXTENDED SENTENCE FOR PUBLIC PROTECTION
Cases
ANNEX ii
Dates
Offence
committed
Sentence or order
made
Sentence
Number of days
Sentence
A
Total length of sentence
From
(DOS)
to
(end of Ext period)
B
Number of days relevant
Remand ordered by the Court
C
Days to SLED
SLED = number of days at C
from date of sentence
=
:
:
(A – B)
D
Length of custodial part of
sentence
From
(DOS)
E
to
(end of custodial period)
CED = number of days at E
from date of sentence
Days to Custody End Date (D – B)
=
F
31
31
31
31
31
:
PED = number of days at F
From date of sentence
Days to Parole Eligibility Date
E – (D ÷ 2)
=
JAN
:
31
Feb
JAN
Feb
Mar
31
31
31
31
31
31
Mar
Apr
30
30
30
30
30
30
Apr
May
31
31
31
31
31
31
May
Jun
30
30
30
30
30
30
Jun
Jul
31
31
31
31
31
31
Jul
Aug
31
31
31
31
31
31
Aug
Sep
30
30
30
30
30
30
Sep
Oct
31
31
31
31
31
31
Oct
Nov
30
30
30
30
30
30
Nov
Dec
31
31
31
31
31
31
Dec
365 X 2
365 x 3
365 x 4
365 x 5
365 x 6
365 x 7
365 x 8
365 x 9
:
:
730
1095
1460
1825
2190
2555
2920
3285
LEAP YEARS
Issue number 157
2004
2008
2012
2016
2020
2024
2028
2032
2036
2040
2044
2048
issued 23 Oct 2002
Order ref. 6650
page 78
INDEX
A
Absconders from other
UK jurisdictions
7.5.1
Additional days awarded (ADAs)
- effect on release dates
9.2
- concurrent sentences
9.5
- quashed
9.7
- recall
9.6
- extended sentences
11.5.1
- civil prisoners
17.4.1
Administration of Justice Act 1970
17.3.4
17.3.7
Appeals
- Crown Court
8.2.1
8.2.3
- Court of Appeal
8.3.1
8.3.4
- House of Lords
8.4.1
- and remand time
8.1.2
At risk period
1.2.3
- brought forward by remand
time
4.2.2
- offence committed during 6.4.1
- 6.4.6
Automatic Conditional Release
1.2.3
Automatic Release Date
- definition
1.2.3
- brought forward by remand
time
4.2.2
- calculation
5.3.1
Automatic Unconditional Release 1.2.3
B
Back records
Bail Act 1976
s.6
s.7
Bank holidays
5.1.6
Issue number 157
2.4.1
4.9.5
4.9.6
C
Calculation sheets
5.6.1
Annex C
Checks on sentence calculation
2.5.1
- 2.5.3
Civil debt
17.1.1
17.3.7
Civil prisoners
- early release
17.2.6
Annex I
- contempt
17.2.1
- 17.2.9
- non-payment
17.3.1
- 17.3.9
- additional days
17.4.1
Civil terms
- and single term
3.2.6
Colonial Prisoners Removal Act 1884
10.5.1
Combination order
4.1.6
Community punishment order
4.1.6
Community rehabilitation order
4.1.6
Community service order
4.1.6
Concurrent sentences
- definition
3.1.1
Conditional discharge order
4.1.6
Conditional Release Date
- definition
1.2.3
- brought forward by remand
time
4.2.2
- calculation
5.4.1
Confiscation orders
16.12.1
- 16.12.4
Annex I
- under s.71 CJA 1988
16.12.7
Consecutive sentences
- definition
3.1.1
Contempt
- maximum terms
17.2.1
- ‘sine die’
17.2.2
- custodial terms
17.2.4
- 17.2.9
issued 23 October 2002
Order ref. 6650
page 79
- early release
17.2.6
Annex I
- and young persons
17.2.10
- remand time
Annex I
Contempt of Court Act 1981
17.2.1
Costs of default warrants
- of imposition
16.10.2
- of issue
Council tax (non-payment)
Court custody
Annex A
Court record
Courts martial
12.1
16.10.2
16.10.2
17.1.1
17.3.9
Annex I
2.3.1
- 12.3
Crime (Sentences) Act 1997
10.2.1
Criminal Justice Act 1967
- s.67
- 10.2.2
10.5.1
1.1.3
4.1.1
4.9.1
Criminal Justice Act 1988
- s.151
Annex A
- s.152
Annex A
Criminal Justice Act 1991
- Part II
1.2.1
- s.38
- s.39
- s.42
- s.44
- s.45
- s.47
- s.51
- s.65
- Schedule 12
1.3.1
Issue number 157
-1.2.3
3.2.4
4.8.1
6.2.1
4.8.1
17.4.1
5.5.2
11.1.1
17.3.2
Annex A
17.2.4
14.5.3
Criminal Justice (International
Co-operation) Act 1990
10.4.1
Crown Prosecution Service
4.1.3
4.9.7
Curfew order
4.1.6
Custody abroad
- generally will not count
against sentence
Annex A
Customs and Excise
- discretionary powers
16.12.6
Annex A
Customs and Excise
Management Act 1979
16.12.6
D
Debtors Act 1869
17.3.7
Default terms
- definition
16.1.2
- maximum terms
Annex G
- procedures on reception
& release
16.2.1
- 16.2.5
- release dates
16.3.1
- 16.3.4
- early release
Annex I
- and single term
3.2.6
16.3.2
- consecutive terms
16.4.1
- 16.4.2
- appropriations
16.5.1
- 16.5.7
- pay-outs
16.6.1
- 16.6.6
Annex H
- acceptance of payment 16.7.1
- 16.7.2
- hours for receipt of payment
16.8.1
- 16.8.2
- additional days
16.9.1
- 16.9.2
- costs of warrant
16.10.1
- 16.10.2
- lodged warrants
16.11.1
- 16.11.6
issued 23 Oct 2002
Order ref. 6650
- drug trafficking confiscation
orders
16.12.4
- 16.12.5
- Customs and Excise
16.12.6
- remaining liabilities
16.13.1
- 16.13.3
- remand time
Annex I
Detention and Training Orders (DTOs)
- when to be imposed
15.1.1
- length
15.1.2
- half-way point
15.2.2
15.2.4
- calculating release date 15.2.1
- 15.2.4
- calculation sheet
Annex F
- remand time
15.3.1
- additional days
15.3.2
- multiple DTOs
15.4.1
- 15.4.4
- single term
15.4.5
- 15.4.7
- early and late release
15.5.1
- 15.5.2
- interaction with DYOI
15.6.1
- 15.6.15
- treating DTO as DYOI
15.6.16
- DTO and s.91 of 2000 Act
15.7.1
- recall
15.8.1
-re-detention
15.9.1
- periods of recall or
re-detention to be served
in full
15.10.1
Detention in a Young Offender
Institution (DYOI)
14.1.1
- 14.1.3
14.2.1
Detention under s.91(3) of the 2000 Act
14.3.1
- 14.3.3
Issue number 157
page 80
Discretionary Release
1.2.3
Documents required for calculating
sentence
2.3.1
Drug trafficking confiscation orders
16.12.4
- 16.12.5
Drug treatment and testing order 4.1.6
E
Errors in sentence calculation
2.1.3
- special remission
13.1.1
- 13.1.7
Escape and recapture
7.2.1
7.2.4
7.4.1
1.3.1
- 1.3.4
Existing prisoners
Extended sentences
- definition
11.1.1
- 11.1.2
- calculating release dates 11.2.1
- effect on other sentences 11.3.1
- 11.3.2
11.4.1
- 11.4.2
- maximum extension
11.1.3
- minimum term
11.1.3
- unlawfully at large
11.5.1
- additional days
11.5.1
- recall
11.7.1
- return
11.6.1
Extradition
- time spent abroad awaiting
Annex A
F
Family Law Act 1996
Annex A
Forfeiture of recognizance
H
Helplines
Home Detention Curfew (HDC)
3.2.2
17.1.1
...0.9
5.2.3
issued 23 Oct 2002
Order ref. 6650
page 81
6.1.1
House of Lords
8.4.1
I
Immigration Act 1971
4.1.4
Indeterminate terms
Income tax (non-payment)
Indictments
Annex A
1.1.4
Annex I
2.3.1
J
Judgement respited
Annex A
L
Legal aid contribution orders
17.1.1
Legal aid costs
- failure to pay
16.3.3
Licence
- revoked by Secretary of State
6.3.1
6.3.3
- suspended by Magistrate’s
Court
6.2.1
6.2.2
- to run to end of sentence
under s.86 2000 Act
5.5.2
11.1.1
Licence Expiry Date
- brought forward by remand
time
4.2.2
- calculation
5.4.1
5.5.1
Local authority secure units
Annex E
Lodged warrants
16.11.1
- 16.11.6
Long-term prisoner
- definition
1.2.1
M
Magistrates’ Courts Act 1980
- s.10
- s.30
Issue number 157
Annex A
Annex A
- s.37/38
- s.80
- s.115
17.3.10
- s.120
17.3.11
Maintenance arrears
17.1.1
Maintenance orders
Annex A
17.3.9
Annex I
17.3.4
- 17.3.6
Mental Health Act 1983
- committal under sections
35, 36, 38 and 43
Annex A
Mistakes by sentencing court
2.6.1
2.6.3
N
Non-Parole Release Date
- definition
1.2.3
- brought forward by remand
time
4.2.2
- calculation
5.5.1
Non-payment
- custodial terms
17.3.1
- 17.3.3
- maintenance orders
17.3.4
- 17.3.6
- civil debt
17.3.7
- 17.3.8
- council tax
17.3.9
O
Other jurisdictions
P
PACE
Parallel sentences
see Transfer
4.1.1
4.9.1
- 4.9.2
Annex A
3.2.3
6.1.2
Parole Eligibility Date
- definition
1.2.3
- brought forward by remand
time
4.2.2
- calculation
5.5.1
Police and Criminal Evidence
Act 1984
see PACE
issued 23 Oct 2002
Order ref. 6650
Police custody records
2.3.1
Police detention time
- definition
- to count against
4.9.1
page 82
4.9.1
sentence
-
4.9.2
- forms
4.9.8
Annex B
Powers of Criminal Courts
(Sentencing) Act 2000
- s.85
- s.86
- s.90
-s91
11.1.1
5.5.2
11.1.1
1.3.4
14.3.1
- 14.3.3
- s.116
3.2.5
4.8.1
6.4.1
6.4.6
11.6.1
- s.120
Annex A
Prison Discipline Manual
Prison Rules
- Rule 51
Probation order
4.1.6
9.2
0.6
17.4.1
9.2
R
Release
- direct from court
2.2.1
- in error
13.1.8
- weekends and bank holidays
5.1.6
Recall
4.8.1
6.2.1
- extended sentences
11.7.1
Recognizances
17.1.1
17.3.10
- 17.3.11
Annex I
Issue number 157
Release on Temporary Licence (ROTL)
1.1.5
3.2.2
- failure to return
7.2.3
Relevant period
4.1.1
- definition
4.1.2
Remaining liabilities
16.13.1
- 16.13.3
Remand time
- relevant period
4.1.1
4.1.2
- to count towards time served
4.2.1
- to be counted once only 4.1.4
- no effect on whether prisoner
is long- or short-term
4.1.5
- extinguishes custodial part of
sentence
4.3.1
5.7.1
- shared remand time
4.7.1
4.7.2
- recall or return
4.8.1
- suspended sentence
4.1.6
- combination order
4.1.6
- community punishment
order
4.1.6
- community punishment
and rehabilitation order
4.1.6
- community rehabilitation
order
4.1.6
- community service order 4.1.6
- concurrent sentences
4.6.1
- conditional discharge order
4.1.6
- consecutive sentences
4.5.1
- curfew order
4.1.6
- drug treatment and testing
order
4.1.6
- and appeals
8.1.2
issued 23 Oct 2002
Order ref. 6650
page 83
- and young offenders
14.4.1
14.4.3
- under s.10(3) Magistrates’
Courts Act 1980
Annex A
- committal under s. 30
Magistrates’ Courts Act 1980
Annex A
- committal under s. 120
2000 Act
Annex A
- committal under Mental
Health Act 1983
Annex A
- HM Customs and Excise
detention
Annex A
- court martial
Annex A
- custody abroad awaiting
extradition
Annex A
- court appearances and
court custody
Annex A
- offences taken into
consideration
Annex A
Remand warrants
2.3.1
Repatriation of Prisoners Act 1984
10.3.1
- 10.3.5
Annex A
Return
4.8.1
6.4.1
6.4.6
- extended sentences
11.6.1
S
Sentence Expiry Date
- definition
1.2.3
- brought forward by remand
time
4.2.2
Sentence warrants
2.3.1
Sexual offences (see also extended
sentences)
- licence to run to end of
sentence under s.86 of the
2000 Act
5.5.2
11.1.1
Short-term prisoner
- definition
1.2.1
Issue number 157
Single term
- definition
- concurrent sentences
3.3.1
3.2.2
3.3.2
- consecutive sentences
3.4.1
3.4.3
- default terms
3.2.6
- civil terms
Special remission
- errors in calculation
13.1.1
3.2.6
- 13.1.11
- meritorious conduct
13.2.1
- 13.2.5
Standard on sentence calculation 2.1.1
2.1.3
Standing civilian court
Annex A
Supervision order
14.5.3
- 14.5.4
T
‘Taken into consideration’
Annex A
Transfer from other jurisdictions
- Crime (Sentences) Act 1997
10.2.1
- 10.2.6
- restricted transfer
10.2.4
- 10.2.6
- unrestricted transfer
10.2.2
- 10.2.3
- Guernsey
10.2.6
- Isle of Man
10.2.6
- Jersey
10.2.6
- Northern Ireland
10.2.6
- Scotland
10.2.6
- Criminal Justice (International
Co-operation) Act 1990
10.4.1
- Colonial prisoners Removal
Act 1884
10.5.1
- Repatriation of Prisoners
Act 1984
10.3.1
issued 23 Oct 2002
Order ref. 6650
page 84
- 10.3.5
U
Unlawfully at large (UAL)
- not normally treated as
part of
sentence
7.1.1
- 14.4.3
- supervision after release 14.5.1
- 14.5.4
Young Offender Institution Rules
- Rule 55
9..2
7.1.2
- to count in exceptional cases
7.1.17.1.2
- calculation
7.2.1
7.2.4
- escape
7.2.2
- failure to return from ROTL
7.2.3
- licence revoked
7.2.4
- recapture in foreign country
7.2.5
- effect on concurrent
sentences
7.4.1
- effect on consecutive
sentences
7.3.1
- extended sentences
11.5.1
W
Warrants
- cost of issuing default
warrant
- lodged warrants
16.10.1
- 16.10.2
16.11.1
- 16.11.6
Y
Young offenders (see also DTOs)
- types of sentence
14.1.1
- calculating release dates 14.1.2
- DYOI
14.1.1
- 14.1.3
14.2.1
- detention under section
90 of 2000 Act
14.3.1
- 14.3.3
- remand time
14.4.1
Issue number 157
issued 23 Oct 2002
Link back to Contents
Issue number 157
issued 23 October 2002