UNCLASSIFIED
SENTENCE CALCULATION – DETERMINATE SENTENCED PRISONERS
This instruction applies to
Reference
Prisons
Issue Date
31 July 2013
Effective Date
Implementation Date
19 April 2013
PSI 13/2013
Expiry Date
18 April 2017
AMENDED VERSION
Issued on the
authority of
For action by (Who
is this Instruction
for)
NOMS Agency Board
All staff responsible for the development and publication of policy and
instructions;
NOMS HQ
All prisons
High Security Prisons only
Contracted Prisons*
Governors
Heads of Groups
*If this box is marked, then in this document the term Governor also applies to Directors of Contracted
Prisons
Instruction type
For information
Provide a summary
of the policy aim
and the reason for
its
development/revisi
on
Service improvement /legal compliance
NOMS Headquarters
This PSI will replace PSO 6650 - sentence calculation – which has been
updated by numerous PSIs since it was originally issued in October 2002
and needs to be further updated to take account of the new release and
recall provisions of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 which are due to be implemented on 3 December 2012. The PSI
will consolidate all the previous relevant guidance and will make it easier
for staff to access the relevant up to date instructions for calculating
sentences and releasing prisoners on the correct, lawful date.
This latest version of the PSI contains an amendment at the third bullet
point of Paragraph 4.3.3 following clarification from the Court of Appeal as
to how the Prison Service must apply remand time that had previously
been directed by a court as NOT to count.
Contact
Victoria Amat – Tel: 0203 334 4682 or Helen Scott – 0203 334 5045
Sentencing Policy and Penalties Unit, 102 Petty France, London, SW1H
9AJ. Fax: 0870 739 5888 or 0870 739 4062
Associated
PSI 30/2012 – Legal Aid, Sentencing and Punishment of Offenders
documents
(LASPO) Act 2012 – General summary of release and recall provisions
Replaces the following documents which are hereby cancelled: PSO 6650, PSI 35/2003, PSI
10/2005, PSI 13/2005, PSI 50/2005, PSI 07/2007, PSI 20/2008, PSI 26/2008 , PSI 28/2008, PSI
42/2008, PSI 48/2008, PSI 17/2009, PSI 55/2010, Updates paragraphs 1.8, 1.9, 4.2.6, 7.9.1, 7.9.2
& 13.1.6 in PSI 39/2012 which is also cancelled.
Audit/monitoring: Deputy Directors of Custody and Controllers will monitor compliance with the
mandatory actions set out in this Instruction.
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PAGE 2
CONTENTS
Hold down ‘Ctrl’ and click on section titles below to follow link
Section
1
1.2
1.5
1.6
1.14
1.22
2
Annex A
Chapter 1
1.1
Chapter 2
2.1
2.2
2.3
2.4
Chapter 3
3.1
3.2
3.3
3.4
3.5
Chapter 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
PSI 13/2013
Subject
For reference by
Executive Summary
All prison staff who
Background
are responsible for
Desired outcomes
sentence
Mandatory actions
calculations
Statutory Provisions
Resource impact
Operational Guidance
Part I - Introduction and Calculating the Sentence of
the Court
Introduction
Purpose
Relevant Legislation and Determining Under Which
CJA 2003 Release Arrangement a Sentence Falls to be
Treated
Relevant Legislation
Release from a Determinate Sentence being Served in
Addition to Other Types of Detention
Summary of CJA 2003 Sentences Types and their Release
Arrangements
Recalled Prisoners initially released under the provisions of
the CJA 1991 or CJA 1967, recalled and who are UAL on
or after 3 December 2012
Procedures
Required Documentation to Calculate a Sentence
Time Limits for Calculating Release Dates
Release Direct from Court
Required Checks
All prison staff who
Mistakes by the Sentencing Court
are responsible for
Remand to Custody, Remand on Tagged Bail and
sentence
Police Detention Time
calculations
General Remarks
Relevant Period
Application of Remand to Custody
Periods of Remand on Bail (Tagged Bail)
Police Detention Time
The Effect of a ‘Relevant Period’ on a Sentence
Examples of What ‘Relevant Time’ is Applicable in Different
Sentence Scenarios
Single Sentences and Remand
Consecutive Sentences and Remand
Concurrent Sentences and Remand
Where the Remand/Tagged Bail time Extinguishes the
Custodial Part of a Sentence
Previously uncredited remand time (Section 240ZA),
tagged bail time (Section 240A) and court directed remand
time (section 240) and a period of recall other than FTR’s
Previously uncredited Remand/Tagged Bail and Fixed
Term Recalls
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AMENDED VER. ISSUE DATE 31/07/2013
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4.14
Chapter 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
Annex B
Chapter 6
6.1
6.2
6.3
6.4
Chapter 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
Chapter 8
8.1
8.2
8.3
8.4
8.5
8.6
PSI 13/2013
PAGE 3
Uncredited Remand in Respect of sentences that were
imposed prior to 3 December 2012 for an offence
committed prior to 4 April 2005 and the recall occurred
BEFORE 14/07/08
How to Calculate a Sentence
Purpose
General Remarks
Converting a Sentence in to Days
Sentences Imposed on or after 3 December 2012
Concurrent Standard Determinate Sentences Imposed on
or after 3 December 2012
Consecutive Standard Determinate Sentences Imposed on
or after 3 December 2012
Sentences Imposed BEFORE 3 December 2012
Multiple Sentences imposed BEFORE 3 December 2012
for offences committed PRIOR to 4 April 2005 and all
sentences of less than 12 months imposed before 3
December 2012
Multiple Sentences Comprising Sentences Imposed on or
after 3 December 2012 and Sentences Imposed Before
that Date
Part II - Changes in Circumstances
Prisoners Sentenced after Release from an Earlier
Sentence or Returned or Recalled to Custody
Purpose
Prisoners sentenced after release from an earlier sentence
Licence recalls including HDC recalls
Prisoners returned to prison under Section 116 of the
Powers of Criminal Courts (Sentencing) Act 2000 (formerly
section 40 of CJA 1991)
Unlawfully At Large Time
General Remarks
Calculation of the period unlawfully at large
Escapes/Absconds before 21 July 2008
Escapes/Absconds on or after 21 July 2008
Failures to Return from Temporary Release prior to 21 July
2008
Failures to Return from Temporary Release on or after 21
July 2008
Licence Recalls
Releases in Error
Sentenced prisoners held in a foreign country pending
extradition
Effect Of Being Unlawfully At Large On The Sentence(S)
Being Served
Absconders from other UK jurisdictions
Appeals
General Remarks
Effect of a quashed sentence or conviction on remand time
for other matters
Crown Court Appeal
Court of Appeal (Civil and Criminal Divisions)
Supreme Court
Time Spent on Bail Pending Appeal
UNCLASSIFIED
All prison staff who
are responsible for
sentence
calculations
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
Chapter 9
Additional Days Awarded
9.1
9.2
9.3
9.4
General Remarks
Remitting ADAs
ADAs Awarded Prior to 2 October 2000
ADAs and Single sentences imposed on or after 3
December 2012 or single sentences of 12 months or more
imposed before that date for offences committed on or
after 4 April 2005
ADAs and sentences/single terms imposed prior to 3
December 2012 for offences committed before 4 April 2005
and sentences/single terms comprising sentences of less
than 12 months imposed before 3 December 2012
ADAs and Concurrent sentences that run parallel to one
another
ADAs and Consecutive Sentences.
ADAs and Existing Prisoners (EPs)
Prospective Additional Days (PADAs)
ADAs and Periods of Licence Revoke
RADAs and Periods of Licence Revoke
Further Information on ADAs and RADAs
Part III - Special Categories of Cases
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
Annex C
Chapter 10
10.1
10.2
10.3
10.4
10.5
10.6
10.7
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 Crime (International Co-operation) Act
2003
Transfers under the Colonial Prisoners Removal Act 1984
Transfers from the International Criminal Courts
Queries about Transferred Prisoners
Chapter 11
Extended Sentences
11.1
11.2
General Remarks
Calculation of Extended Sentences (EDS) Imposed Under
Section 226A or 226B
Multiple Extended Determinate Sentences
Calculation of Extended Sentences Imposed under Section
227/228
Section 227/228 sentences imposed prior to 14 July 2008
Calculation of Section 85 extended sentences
Interaction of Section 226A/Section 226B EDS with a
Standard Determinate Sentence (SDS) imposed on or after
3 December 2012
Interaction of EDS with a Standard Determinate Sentence
(SDS) imposed before 03/12/2012
Interaction of a section 227/228 extended sentence
Imposed on or after 14 July 2008 with an SDS
Interaction of a Section 227/228 extended sentences
imposed before14 July 2008 with an SDS
Interaction of Section 85 extended sentences with SDS
Court Martial
General Remarks
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
Chapter 12
12.1
PSI 13/2013
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PAGE 4
All prison staff who
are responsible for
sentence
calculations
AMENDED VER. ISSUE DATE 31/07/2013
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12.2
12.3
12.4
Chapter 13
Time spent in custody prior to Court Martial
Court Martial Appeals
Service Civilian Court Appeals
Special Remission
13.1
13.2
13.3
13.4
Chapter 14
14.1
14.2
14.3
Errors in Calculation
Calculation of Special Remission
Special Remission for Meritorious Conduct
Table for Calculations
Young Offenders
General Remarks
Sentence of DYOI: offenders aged 18, 19, and 20
Sentence of detention under section 91(3) of the PCC(S)A
2000
Remand Time
Supervision After Release
Detention and Training Orders
Breach of Gang Injunction
Detention and Training Orders
14.4
14.5
14.6
14.7
Chapter 15
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
15.10
Annex D
Chapter 16
16.1
16.2
16.3
16.4
16.5
16.6
16.7
16.8
16.9
16.10
Chapter 17
17.1
17.2
17.3
Annex E
Appendix A
Appendix B
PSI 13/2013
General Remarks
Calculating the Release Date
Remand and Credit for Time Spent on Tagged Bail
Additional Days
Multiple DTOs
Early and Late Release
Interaction with Sentences of DYOI
Interaction with Section 91 of the Powers of Criminal
Courts (Sentencing) Act 2000 and Extended Sentences
Imposed under Section 226B or 228 of CJA 2003
Breach of supervision requirements of a DTO - section 104
of the 2000 Act (as amended by section 80 of the LASPOA
2012)
Re-offending during the DTO: order of re-detention under
section 105 of the 2000 Act
Part IV - Terms of Imprisonment
Terms of Imprisonment in Default of Payment
General Remarks
Procedures
Calculating Release Dates for a Term in Default
Multiple Terms in Default
Multiple Terms of Default – Different Release Schemes
Interaction of Terms in Default with Non-Default Sentences
and Terms
Appropriations
Pay-Outs
Additional Days Awarded
Costs of Issue of Warrant
Civil Prisoners
General Remarks
Contempt
Non Payment
Part V - Appendices to the Operational Guidance
Abbreviations
Calculation Sheets
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All prison staff who
are responsible for
sentence
calculations
All prison staff who
are responsible for
sentence
calculations
AMENDED VER. ISSUE DATE 31/07/2013
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Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Counting of Time in Custody before Sentence
Police Custody Forms
Draft Lines to send to the Court Ref a Sentence being
made Consecutive to a Licence Recall
Exceptional Circumstances for Unlawfully At Large
Special Remission
Special Remission Table
DTO Calculation Sheet
Minimum Periods
Pay-Out Calculation Sheet
Appendix L
Civil Prisoner Early Release Table
Appendix M
Schedule 15 – Specified Offences for Purposes of
Chapter 5 of Part 12
Schedule 15B – Offences Listed for the Purposes of
Sections 224A, 226A and 246A
Appendix N
PSI 13/2013
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All prison staff who
are responsible for
sentence
calculations
AMENDED VER. ISSUE DATE 31/07/2013
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PAGE 7
1.
Executive Summary
1.1
This PSI updates, consolidates and replaces previous Sentence Calculation instructions –
in particular PSO 6650. It incorporates the new instructions for calculating sentences
imposed on or after 3 December 2012 following implementation of the release and recall
provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA
2012). These instructions will be required for prison staff who are responsible for sentence
calculations in order to ensure prisoners are released on the correct date according to the
relevant legislation.
Background
1.2
Prison Service Order 6650 was issued in October 2002 and since then a number of PSIs
have been issued to reflect changes in the policy and legislation – in particular on counting
UAL time and changes made by the Criminal Justice Act 2003 and the Criminal Justice and
Immigration Act 2008. All these instructions now need to be consolidated and updated to
reflect the changes that will come into effect on or after 3 December 2012 as a result of the
release and recall provisions contained in the LASPOA 2012.
1.3
The changes that affect sentence calculation are in respect of:-
1.4

The calculation of all standard determinate sentences imposed on or after 3
December 2012 irrespective of date of offence, including a change to the calculation
of sentences of less than 12 months imposed on or after that date;

The calculation of the new Extended Determinate Sentences (EDS) for those
dangerous offenders who are convicted on or after 3 December 2012;

The application of remand to custody time towards sentences imposed on or after 3
December 2012;

The application of remand time towards sentences in concurrent mixed Act cases
for those prisoners sentenced prior to 3 December 2012;

The calculation of the re-release date of those prisoners who were previously
subject to the release provisions of the Criminal Justice Act 1991 and Criminal
Justice Act 1967, recalled from licence before 14 July 2008 and who remain UAL on
or after 3 December 2012 (this includes such prisoners who were returned to
custody following the recall but then absconded/escaped from the recall period and
who remain UAL on or after 3 December 2012);

The abolition of the power of the court to impose a period of imprisonment under
Section 116 Powers of Criminal Courts (Sentencing) Act 2000;

The supervision arrangements for young adult offenders after release from a DYOI
or section 91 sentence of less than 12 months.
The release arrangements for those prisoners sentenced prior to 3 December 2012 who
remain in custody on or after that date, are not affected by the changes made by the
LASPOA 2012, EXCEPT in the following cases:
PSI 13/2013
The need to revisit the calculations for those prisoners who are subject to
concurrent mixed Act sentences imposed prior to 3 December 2012 to ensure
the remand has been applied in accordance with LASPOA 2012.
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AMENDED VER. ISSUE DATE 31/07/2013
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
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The re-release date of prisoners who were released under the provisions of the
Criminal Justice Act 1991 (CJA 1991) or the Criminal Justice Act 1967 (CJA 1967),
recalled before 14 July 2008, but who remain UAL on or after 3 December 2012
because they have either, not been arrested and returned to custody, or have been
arrested and returned to custody, but subsequently absconded or escaped from the
recall period.
Desired Outcomes
1.5
That determinate sentenced prisoners have their sentences calculated in accordance with
the legislation and policy as it applies following commencement of the LASPO Act 2012 on
3 December 2012, are lawfully detained in custody and are released on the correct date.
Mandatory Actions
1.6
Governors must ensure that prisoners’ sentences are calculated correctly in accordance
with the order of the court and relevant legislation.
1.7
In order to calculate sentences in accordance with the relevant legislation, staff carrying out
calculations and checks must be aware of and apply the detailed operational guidance at
Annexes A – D.
1.8
Calculation staff must take particular note of the sections of the guidance relevant to the
changes made by LASPOA 2012 that take effect from 3 December 2012, which are:
All standard determinate sentences of 12 months or more imposed on or after 3
December 2012 will be subject to automatic release at the half way point of
sentence and on licence to the end of the sentence irrespective of the date of the
offence – Chapter 5 of the operational guidance refers.

Sentences of less than 12 months imposed on or after 3 December 2012 will no
longer be single termed. Concurrent less than 12 month sentences will run parallel
to one another with unconditional release at the latest half way point of all the
sentences. Consecutive less than 12 month sentences will be aggregated. Release
will at the half way point of the aggregate and will be unconditional where the
aggregate is less than 12 months, but on licence to the SLED where the aggregate
is one of 12 months or more – Chapter 5 of the operational guidance refers.

The calculation of the new Extended Determinate Sentences (EDS) imposed under
Section 226A or 226B for prisoners convicted on or after 3 December 2012.
Release will be either subject to the parole process or automatic at the two thirds
point of the custodial period depending on the length of the custodial period and/or
whether or not the extended sentence was imposed for a Schedule 15B offence –
Chapter 11 of the operational guidance refers.

The Prison Service will have the responsibility for automatically crediting periods of
relevant remand to custody towards sentences imposed on or after 3 December
2012. The courts will no longer have the power to direct remand to custody time on
or after that date. The Prison Service will also be able automatically to allow the
correct number of days remand where a court direction made prior to 3 December
2012, is found on or after that date, to be incorrect providing the correction is in the
prisoner’s favour. Where a correction would NOT be in the prisoners favour, the
original court direction must stand – Chapter 4 of the operational guidance refers.

All remand time whether it was court directed or automatically applied by the prison
service will be applied to the overall effective release dates of concurrent mixed Act
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sentences that were imposed before 3 December 2012 – Chapter 4 of the
operational guidance refers with further examples in Chapter 5.

The abolition of the power of the court to impose a period of imprisonment under
section 116 on or after 3 December 2012. This means that anyone sentenced prior
to 3 December 2012 who was subject to the release provisions of the CJA 1991, but
not released until after 3 December 2012 will no longer be issued with an ‘at risk’
notice. It also means the ‘at risk’ period in respect of those offenders released under
the provisions of the CJA 1991 prior to 3 December 2012 will cease to be effective
on or after 3 December 2012 even if the at risk period was due to end after that date
– Chapter 2 of the operational guidance refers with further information in Chapter 5.

The 3 months notice of supervision requirement for young adult offenders will only
apply to the initial release from the custodial period of terms of Detention in a Young
Offender Institution or section 91 sentences of less than 12 months – Chapter 14
refers.

The re-release date of prisoners who were released under the provisions of the CJA
1991 or CJA 1967, recalled before 14 July 2008, but who remain UAL on or after 3
December 2012, will lose their preserved CJA1991 and CJA1967 release points.
Similarly, any such prisoners, recalled before 14 July 2008 who were returned to
custody, but then escaped, or absconded, from the period of recall before 3
December 2012 and who remain UAL on or after that date will lose their preserved
CJA 1991 and CJA1967 release points. When such prisoners are returned to
custody on or after 3 December 2012, the Licence Expiry Date at the three-quarter
point, or the NPD at the two-thirds point of their sentence will no longer apply. They
will be treated the same as those prisoners recalled on or after 14 July 2008 and will
be liable to serve until the Sentence End Date (SED) unless the Parole Board direct
their re-release any earlier. Any re-release earlier than the SED will be on licence to
the SED – Chapter 2 of the operational guidance refers.
1.9
Governors must ensure that all staff carrying out sentence calculations are competent to do
so. Training will be managed as part of the line management process.
1.10
Release dates must be calculated and checked within five working days of reception – that
being both first reception following sentence and reception on transfer.
1.11
Calculations must be checked 14 calendar days and 2 working days prior to release.
1.12
Where a calculation on transfer is found to have been incorrect, other than a purely
arithmetical error, the error must be reported to the sentence calculation helplines
immediately.
1.13
Establishments receiving a prisoner must request that back records be forwarded to them
from the previous discharging establishment. It is especially important following recall from
licence that the original record and warrants are obtained from the previous discharging
establishment because these documents are the current sentence documents on which the
prisoner is being held and which provide evidence for the calculated re-release date.
Statutory Provisions
1.14
The statutory provisions setting out the release arrangements for prisoners subject to
determinate sentences are (following the LASPO Act changes) all contained in the Criminal
Justice Act 2003 (CJA 2003) and associated Schedules, as amended.
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1.15
The previous provisions contained in the CJA 1991 and CJA 1967 have now been
incorporated into the Schedules of the CJA 2003; hence the relevant parts of those earlier
statutes have been repealed. In practical terms, the release arrangements for prisoners
previously subject to the 1991 or 1967 Acts have been retained (subject to minor
amendments set out above); LASPOA 2012 simply brings the relevant provisions into the
2003 Act.
1.16
For sentences imposed on or after 03/12/2012, the circumstances in which a sentence is
reduced by remand to custody, time spent on tagged bail and time spent in custody abroad
pending extradition are set out in Section 240ZA, Section 240A and Section 243 of the CJA
2003.
1.17
Remand directions made by the court prior to 3 December 2012 were made under Section
240 of the CJA 2003.
1.18
The release of prisoners serving less than 12 months is governed by new section 243A
CJA 2003 (rather than the 1991 Act). The arrangements have not changed – release is
automatic and unconditional at the half-way point – except that there is no longer an ‘at risk’
period for the second half of the sentence.
1.19
The release provisions for prisoners given an Extended Determinate Sentence (EDS) are
contained in section 246A CJA 2003.
1.20
The supervision requirements and enforcement arrangements for young adult prisoners
released from a DYOI or s91 sentence of less than 12 months are provided for,
respectively, in sections 256B and 256C CJA 2003.
1.21
The release of prisoners detained both by virtue of a sentence for an indeterminate term
(i.e. an Indeterminate Sentence for Public Protection, life imprisonment, custody for life, or
Detention at Her Majesty’s Pleasure), or detained under an order of an immigration officer
under the immigration legislation and a determinate sentence cannot take place until they
have met both the release requirements of the determinate sentence(s) and the
requirements which apply to their indeterminate sentence(s), or their detention under the
immigration legislation.
Resource Impact
1.22
Staff responsible for carrying out sentence calculations will need to take time to familiarise
themselves with the new instructions for the changes made by the LASPOA 2012 and will
need to revisit the calculations of concurrent mixed Act sentences imposed prior to 3
December 2012 to ensure that any remand relevant to any of the sentences is applied to
the overall effective release dates.
1.23
However, following that initial increase of work that will be required to identify and correct
as necessary the affected concurrent mixed Act sentences and the initial period in which
staff will need to familiarise themselves with the guidance relating to the new sentences
imposed on or after 3 December 2012, the PSI does not create any additional resource
implications.
1.24
In order to assist staff focus attention on the immediate action that needs to be taken in
respect of the LASPO Act changes, relevant extracts from this instruction have been sent in
draft to staff in establishments who are responsible for sentence calculations, along with
covering advice. This highlighted to staff what they need to do in response to the LASPO
Act changes and assists them in dealing with the initial surge of work in re-visiting affected
sentences without having to filter through the whole of the PSI.
PSI 13/2013
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2.
Operational Instructions
2.1
Operational instructions are contained within the Operational Guidance Parts I – V and the
appendices to this guidance which can be found in annexes A to E.
(signed)
Digby Griffith
Director of National Operational Services, NOMS
PSI 13/2013
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Annex A
PRISON SERVICE INSTRUCTION
39/2012
OPERATIONAL GUIDANCE
PART I
Chapter 1
INTRODUCTION
Chapter 2
RELEVANT LEGISLATION AND DETERMINING UNDER WHICH 2003
ACT RELEASE PROVISION A SENTENCE FALLS TO BE TREATED
Chapter 3
PROCEDURES
Chapter 4
REMAND TO CUSTODY, REMAND ON TAGGED BAIL AND POLICE
DETENTION TIME
Chapter 5
HOW TO CALCULATE A SENTENCE
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CHAPTER 1 - INTRODUCTION
1.1
Purpose
1.1.1
The purpose of this document is to provide examples and explanations of how to complete
the mandatory actions set out in Prison Service Instruction 39/2012 to enable Prison staff to
accurately calculate release dates for determinate sentences of imprisonment (i.e.
sentences of imprisonment or terms of detention for fixed periods of time) and terms in
default of payment and civil terms of imprisonment.
1.1.2
Guidance on establishing the re-release date following revocation of licence by the
Secretary of State is contained in the Recall Review and Re-release PSI to be issued in
January 2013
1.1.3
This document explains how to calculate release dates according to the legislative
requirements when a sentence is imposed and there is no discretion in the process.
1.1.4
Where it is found that a particular sentencing case is not covered by the guidance or there
is any doubt as to how the guidance should be applied, advice must be sought from the
Sentence Calculation Helplines in the Ministry of Justice.
1.1.5
Any references to Governors must also be taken as reference to Directors of contracted out
prisons.
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CHAPTER 2 - RELEVANT LEGISLATION AND DETERMINING UNDER WHICH CJA 2003
RELEASE ARRANGEMENT A SENTENCE FALLS TO BE TREATED
2.1
Relevant Legislation
2.1.1
The statutory provisions setting out the release arrangements for prisoners subject to
determinate sentences are contained in the Criminal Justice Act 2003 (CJA 2003), as
amended. Prior to the amendments made to the CJA 2003 on 03/12/2012, release
provisions for sentences of less than 12 months and sentences imposed for offences
committed prior to 4 April 2005 were set out in the Criminal Justice Act 1991 (CJA 1991)
amended several times through subsequent statutes. The CJA 1991 provisions and
amendments have now been incorporated to the CJA 2003
2.1.2
The circumstances in which a sentence is reduced by remand to custody, time spent on
tagged bail and time in custody abroad pending extradition are set out in Section 240ZA
Section 240A and Section 243 of the CJA 2003. Remand calculations for sentences that
were imposed prior to 3 December 2012 will still apply as calculated under the previous
legislation (Section 67 of the Criminal Justice Act 1967 or Section 240 of the CJA 2003)
which has now been repealed. Chapter 4 provides more detail about remand time
application.
2.2
Release from a Determinate Sentence being served in Addition to Other Types of
Detention
2.2.1
The release of Prisoners detained both by virtue of a sentence for an indeterminate term(s)
(i.e. an Indeterminate Sentence for Public Protection, life imprisonment, custody for life, or
Detention at Her Majesty’s Pleasure) and a determinate sentence(s) cannot take place until
they have met both the release requirements of the determinate sentence(s) and the
requirements of the indeterminate term(s).
2.2.2
Neither should a prisoner be released at the point that the custodial part of the determinate
sentence(s) has been served where the prisoner then becomes subject to detention under
an order of an immigration officer under the immigration legislation, or subject to remand to
custody by a Court, to appear at a later date, in connection with a further offence(s).
2.3
Summary of CJA 2003 Sentences Types and their Release Arrangements
2.3.1
The following table provides a summary of the different types of CJA 2003 determinate
sentences and the release arrangements to which they are subject.
Type of Sentence
SDS
Less than 12
months
SDS
12 months or more
Date Sentence
Imposed
Any Date of
Sentence
Date Offence
Committed
Any Date of
Offence
Sentenced On or
After 03/12/2012
Any Date of
Offence
Release
Dates
ARD
Comments
SED
Release is
unconditional.
Automatic Release at ½
way point.
CRD
SLED
SDS
12 months or more
Sentenced Prior to
03/12/2012
On or After
04/04/05
CRD
SLED
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Automatic Release at ½
way point.
On licence to end of
sentence.
Automatic Release at ½
way point.
On licence to end of
sentence.
Continued
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UNCLASSIFIED
SDS
12 months but less
than 4 years
Sentenced Prior to
03/12/2012
SDS
4 years or more
Offence NOT in
Schedule 15
Sentenced Prior to
03/12/2012
SDS
4 years or more
Offence in Schedule
15
Sentenced Prior to
03/12/2012
Extended
Determinate
Sentence
Section 226A or
226B
Where custodial
period is both less
than 10 years AND
is NOT for a
Schedule 15B
offence
Extended
Determinate
Sentence
Section 226A or
226B
Where custodial
period is 10 years or
more OR is for a
Schedule 15B
offence
Extended Sentence
Section 227 or 228
Convicted and
Sentenced On or
After 03/12/2012
Convicted and
Sentenced On or
After 03/12/2012
Sentenced On or
After 14/07/08
Convicted before
03/12/12
Prior to
04/04/05
Prior to
04/04/05
Prior to
04/04/05
Any Date of
Offence
Any Date of
Offence
On or After
04/04/05
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CRD
Automatic Release at ½
way point.
LED
On licence to ¾ point.
SED
CRD
End of sentence
Automatic Release at ½
way point.
SLED
PED
On licence to end of
sentence.
Eligible for discretionary
release by the Parole
Board at ½ way point.
NPD
Automatic Release at ⅔
point.
LED
On licence to ¾ point
SED
CRD
End of sentence
Automatic Release at ⅔
point of custodial period.
SLED
On licence to end of
sentence.
PED
Eligible for discretionary
release by the Parole
Board at ⅔ point of
custodial period.
CRD
Automatic Release at
end of custodial period.
SLED
On licence to end of
sentence.
Automatic Release at ½
way point of custodial
period.
CRD
SLED
Extended Sentence
Section 227 or 228
Extended Sentence
Section 85
Where custodial
period is less than
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Sentenced Prior to
14/07/08
Convicted prior to
03/12/12
On or After
04/04/05
Prior to
04/04/05
UNCLASSIFIED
PED
On licence to end of
sentence.
Eligible for discretionary
release by the Parole
Board at ½ way point of
custodial period.
CRD
Automatic Release at
end of custodial period.
SLED
On licence to end of
sentence.
Automatic Release at ½
way point of custodial
period.
Continued
CRD
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12 months
Extended Sentence
Section 85
Where custodial
period is 12 months
but less than 4
years
Convicted prior to
03/12/12
Extended Sentence
Section 85
Where custodial
period is 4 years or
more.
Convicted prior to
03/12/12
Extended Licence
Section 86 or 44
12months but less
than 4 years
Convicted prior to
03/12/12
Extended Licence
Section 86 or 44
4 years or more
Convicted prior to
03/12/12
2.3.2
Prior to
04/04/05
Prior to
04/04/05
Prior to
30/09/98
Prior to
30/09/98
PAGE 16
LED
On licence to end of
custodial period +
extension period.
SED
CRD
End of sentence
Automatic Release at ½
way point of custodial
period.
LED
On licence to ¾ point of
custodial period +
extension period.
SED
PED
End of sentence
Eligible for discretionary
release by the Parole
Board at ½ way point of
custodial period.
NPD
Automatic Release at ⅔
point of custodial period.
LED
On licence to ¾ point of
custodial period +
extension period.
SED
CRD
End of sentence
Automatic Release at ½
way point of sentence.
LED/SED
On licence to end of
sentence.
Eligible for discretionary
release by the Parole
Board at ½ way point of
sentence.
PED
NPD
Automatic Release at ⅔
point of sentence.
LED/SED
On licence to end of
sentence.
In addition to the above sentences, the following two types of sentence may still be seen for
prisoners who were already sentenced prior to 03/12/2012 (1)
Offenders ‘returned’ to prison by order of the court
N.B. The courts have no power to impose a period of Section 116 On or After
03/12/2012. Therefore, no new cases can be created on or after that date. This also
means that any ‘at risk’ period in respect of those offenders released under the
provisions of the CJA 1991 before 3 December 2012 will cease to have effect on or
after that date, even if the ‘at risk’ period was due to end on a date later than 3
December 2012.
Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A
2000) applied to prisoners who were released, under the old CJA 1991 provisions,
at ARD/CRD/NPD or APD, ‘at risk’ until the SED. If they committed a further
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imprisonable offence during the ‘at risk’ period they were liable to be ‘returned’ to
prison by the court in accordance with Section 116.
For the purposes of calculating release dates, a period of imprisonment under
Section 116 must be treated, depending on it’s length, as either an SDS of less than
12 months, an SDS of 12 months to under 4 years for an offence committed prior to
04/04/05, or, an SDS of 4 years or more imposed for an offence committed prior to
04/04/05.
The maximum period that could be imposed under section 116 was the number of
days between the date of the new offence and the SED of the earlier sentence.
Where the offence had been committed between two dates, the later date was
taken as being the date of the offence.
It is not the role of the prison service to check that the length of the section 116 was
correct, but if the prison do spot an error and it is still within 56 days from date of
sentence, the court and the prisoner should be alerted as a matter of courtesy. If
more than 56 days have passed before the error is spotted, the prisoner should be
informed. The prisoner may wish to seek legal advice with a view to appealing the
period imposed under Section 116. Until/unless an amended warrant is issued by
the court, the prison must calculate the period imposed under Section 116 as that
which is stated on the warrant in their possession.
(2)
Prisoners sentenced PRIOR to 1 October 1992 (‘Existing Prisoners’)
Prisoners sentenced prior to 1 October 1992 and who have remained in custody
after that date are known as ‘Existing Prisoners’ serving 1967 Act sentences. The
release arrangements for such prisoners are set out in Part 3 of Schedule 20B to
the CJA 2003.
Automatic release of an ‘Existing Prisoner’ is unconditional at the two thirds point of
the sentence (NPD) with eligibility for consideration for parole at the later of either
the one third point of the sentence or 6 months from date of sentence (PED).
Release on parole would be on a licence expiring at the two thirds point.
‘Existing Prisoners’ who have been recalled from their parole licence by the
Secretary of State prior to 14/07/08 and are returned to custody prior to 3/12/2012
will continue to be treated as ‘Existing Prisoners’ for sentence calculation purposes
on return to prison. Re-release will be unconditional at the two thirds point unless
the parole board direct re-release any earlier.
Where an ‘Existing Prisoner’ is recalled prior to 14/07/08, but remains unlawfully at
large until arrest and return to custody on or after 03/12/2012, or, the recall was
issued on or after 14/07/08, re-release will be at the Sentence Expiry Date unless
the Parole Board directs re-release any earlier.
2.3.3
The interaction of the different types of determinate sentence contained in the CJA 2003
can be complex and will be explained in the subsequent Chapters of this PSI.
2.4
Recalled Prisoners initially released under the provisions of the CJA 1991 or CJA
1967, recalled and who are UAL on or after 3 December 2012
2.4.1
Prisoners who were released under the provisions of the CJA 1991 or CJA 1967 and who
were recalled from licence prior to 14 July 2008, but not arrested and returned to custody
until on or after 3 December 2012 will be liable to be detained until the Sentence Expiry
Date (SED) unless the Parole Board direct re-release any earlier. An NPD at the two thirds
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point and/or a Licence Expiry Date (LED) at the three-quarter point of the sentence will no
longer apply. If the Parole Board direct re-release earlier than the SED, release will be on a
licence expiring at the SED.
2.4.2
Similarly, prisoners who were released under the provisions of the CJA 1991 or CJA 1967,
recalled from licence prior to 14 July 2008, arrested and returned to custody, but then
absconded or escaped before 3 December 2012 whilst they were serving the recall period
and who are not arrested and returned to custody until after 3 December 2012 will also be
liable to be detained until the SED unless the Parole Board direct re-release any earlier. As
above, any NPD at the two thirds point and/or LED at the three-quarter point will no longer
apply.
2.4.3
Further information about re-release following recall from the different types of sentence
may be found in the Recall Review and Re-Release PSI to be issued in January 2013.
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CHAPTER 3 - PROCEDURES
3.1
Required Documentation to Calculate a Sentence
3.1.1
The following documentation is required before a prisoner’s release date can be accurately
and permanently calculated:
(i)
Order of Imprisonment (F5035 and 5044 in Crown Court) or Warrant of
Commitment (REMWT, CCTWT or CCBBWT in Magistrate’s Court)
Providing that the Order of Imprisonment/warrant has the name of the court, name
of defendant and date of the hearing it is valid. It does not necessarily have to be on
a prepared form and may be hand written.
(ii)
Trial Record Sheet (F5089/Court record)
It is essential to obtain this document as it provides key information of how the
overall sentence has been made up. This information will be required in the
calculation of HDC eligibility dates when there are presumed unsuitable offences or
ineligible sentences in the mix. It may also provide dates of when offences were
committed. All Local Prisons have access to an electronic version of this document
via the XHIBIT portal and must download the F5089 within 5 working days of
reception of all newly sentenced prisoners.
(iii)
Indictments (F5088)
This document provides the key details of offences and dates committed This is
another vital piece of information to help to identify what remand time is relevant to
which sentences.
(iv)
Details of Prospective ADA’s
F2050E held in the prisoner’s F2050 will detail any prospective ADA’s. Prospective
ADA’s can only be calculated if they were awarded during a period of remand that is
being taken into account against the sentence imposed.
(v)
Remand Warrants
These are required in particular, to help determine what remand time is relevant to
sentences. If remand warrants have been mislaid, or where the remand warrant
does not specify the dates of offences, a copy of the relevant court register,
obtained from the court concerned covering the period of remand in dispute will be
helpful.
(vi)
Police Custody Records (PACE 1984)
Police custody is only applicable to sentences imposed before 03/12/2012 in
respect of offences committed prior to 4 April 2005. Written confirmation from
the relevant police station must be obtained before police custody is applied to the
sentence. Periods spent in police detention must relate to the offence for which the
prisoner was arrested and sentenced. Further information in relation to police
custody can be found in Chapter 4
(vii)
Back Records
Back records must be obtained in order to be able to check for any previous periods
of remand that have an effect on the current sentence and to check for information
that may affect other processes such as eligibility for future HDC release. A
permanent calculation can be made in the absence of back records providing the
calculation is checked and amended as necessary as soon as the back records are
received and have been examined.
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Where a prisoner is received following revocation of licence, the original warrants
and other records must be obtained immediately by fax and the hard copies posted
from the relevant establishment as they are still the current documents for the
sentence to which the prisoner is subject.
3.2
Time Limits for Calculating Release Dates
3.2.1
Release dates must be calculated within 5 working days of reception. If the prison does not
have all the necessary documentation (see Para 3.1.1 above) to be able to perform the
calculation within the timescale, a calculation must still be done and must be marked
provisional. The sentence must be checked and recalculated as necessary when all the
data is available. When making a provisional calculation, a period of remand time, tagged
bail time or police custody time must only be credited if all the necessary information is to
hand.
3.2.2
Release dates must be notified to the prisoner in writing normally within 1 day and no later
than 5 working days of the calculation. A copy of the release date notification slip must be
retained on file. Release dates must be orally explained to the prisoner in cases where the
calculation is complex and the prisoner has difficulty understanding it. Where the release
date notification slip is as a result of a provisional calculation, the notification slip must also
be marked provisional and a revised copy forwarded to the prisoner when the calculation is
finalised following the receipt of all the required information.
3.2.3
When a sentenced prisoner is transferred to another establishment, that establishment
must recalculate the sentence and notify the prisoner of the release dates within 5 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 the Ministry of Justice must be contacted immediately if there is any
discrepancy (other than a purely mathematical error) between the original calculation and
the re-calculation on transfer.
3.3
Release Direct from Court
3.3.1
Where the application of the appropriate remand/police custody or tagged bail time secures
release direct from the sentencing court and the court contacts the prison for 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.
3.4
Required Checks
3.4.1
Members of staff responsible for checking calculations must be competent to carry out the
sentence calculation role.
3.4.2
All calculations must be checked by a second member of staff. The checker must initial the
calculation sheet (and annotate PNOMIS as per the guidance in PSI 73/2011), to verify that
it has been checked.
3.4.3
14 Day Check.
14 days before a prisoner’s anticipated release, the prisoner’s sentence calculation must be
checked by a member of staff who is different from those people who carried out the
original calculation and check. The procedure must include checking warrants. The
calculation sheet must be initialled and endorsed (and PNOMIS annotated) to verify that
the 14 day check has taken place.
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3.4.4
2 Day Check
A prisoner’s calculation and warrants must be re-examined two days before a prisoner’s
release date by someone who is competent to carry out sentence calculations other than
the person who performed the 14 day check and where possible, is different to the people
who carried out the original calculation and check. The calculation sheet must be initialled
and endorsed (and PNOMIS annotated) to verify that this check has taken place.
3.5
Mistakes by the Sentencing Court
3.5.1
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 56 days of
sentencing. Where this occurs the resulting sentence takes effect from the same date as
the original sentence, unless the Court directs otherwise.
3.5.2
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 the opportunity to clarify the intention of the
court and issue an amended warrant where necessary. This must be within 56 days of
sentencing in the case of the 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 the Ministry of Justice on how to
proceed further.
3.5.3
If the prison has concerns about a Crown Court sentencing warrant and it is more than 56
days since the sentence was imposed, the advice of the sentence calculation helplines
must be sought without delay.
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CHAPTER 4 - REMAND TO CUSTODY, REMAND ON TAGGED BAIL AND POLICE
DETENTION TIME
4.1
General Remarks
4.1.1
The purpose of this chapter is to set out the principles of what constitutes a ‘relevant period’
of remand to custody, time spent on tagged bail and police detention that will reduce a
sentence and explain where the authority lies for crediting such time. It also provides
examples of determining/applying ‘relevant periods’ in different sentence scenarios.
4.2
Relevant Period
4.2.1
‘A ‘relevant period’ is:
(a)
(b)
(c)
(d)
Any period of tagged bail directed by the court to count against the sentence
Any period during which the offender was remanded to 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 ABH, for
example, periods of custody in relation to the first charge are ‘relevant’ to the
sentence imposed for the second); or
Any period during which the offender 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. For example:- where a prisoner is remanded
for burglary and on sentence this matter is not proceeded with, but sentence is
imposed for Handling the same Stolen Goods on the day in question, the remand
time for the burglary is ‘relevant’ to the sentence for HSG.
In respect of sentences imposed before 03/12/2012 for offences committed prior to
04/04/05, any period which the offender was in police detention in connection with
the offence for which the sentence was passed.
4.2.2
Remand to Custody includes remand to prison custody, remand to police custody and
remand to the care of certain types of local authority accommodation.
4.2.3
A ‘relevant period’ can be credited only once to the overall sentence envelope.
4.2.4
If there is any doubt about the connection between a period spent on remand and a
subsequent sentence, clarification may be obtained by contacting the Crown Prosecution
Service.
4.2.5
Any remand time that was being served at the same time as another sentence of
imprisonment, a term for contempt, or a term in default (including at the same time as a
recall to custody as a result of the licence being revoked) cannot be counted as a ‘relevant
period’. However, a period of remand time is a ‘relevant period’ if it was served at the same
time as a period of detention under the Immigration Act 1971.
4.2.6
Where a court impose a Community Order, an Order for Conditional Discharge, or a
Suspended Sentence and on or after 3 December 2012 subsequently re-sentence to a
term of imprisonment, or activate the suspended sentence, as a result of the breach of
such an Order, the Prison Service will be responsible for automatically crediting the
relevant remand time occurring before the imposition of the original Order, in addition to
any relevant remand time occurring after the breach, as time served towards the sentence
imposed as a result of the breach
4.2.7
Further examples of when remand time can be considered as a ‘relevant period’ are set out
in APPENDIX C.
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4.3
Application of Remand to Custody
4.3.1
The authority for the Prison Service to credit remand to custody time lies in Section 240ZA
of the CJA 2003
4.3.2
The Prison Service is responsible for automatically crediting any remand time relevant to
the offence(s) for which the sentence is imposed, except where the sentence was imposed
prior to 3 December 2012 for offences committed on or after 4 April 2005. In those
particular cases it was the responsibility of the Court to direct how much time would be
credited and the Prison Service applied the days as directed by the Court.
4.3.3
If it subsequently comes to light that a remand direction made by a court was for an
incorrect number of days, the following action should be taken:
If the direction was for more days than the prisoner was actually entitled to – the
direction on the warrant stands and the number of days directed by the court must
be used in the sentence calculation.

If the direction was for less days than the prisoner was actually entitled to - the
direction ceases to have effect and the Prison Service must automatically use the
correct number of days in the sentence calculation. The court will no longer have
power to amend the warrant.

N.B The previous version of this guidance required that, where the court were
responsible for directing remand time and used their discretion to specifically state
the remand was NOT to count as time served towards the sentence ,the Prison
Service were to honour that direction. However, following an appeal application, the
Court of Appeal made it clear that under Section 240ZA the Prison Service must
automatically credit any relevant remand even where it had previously been
directed not to count by the court.
4.3.4
Time spent in police custody as part of the initial arrest and investigation only applies to
those offenders sentenced BEFORE 3 December 2012 for offences committed prior to 4
April 2005 and only then once the Prison Service has confirmed such time with the police.
4.4
Periods of Remand on Bail (Tagged Bail)
4.4.1
Section 240A of the CJA 2003 makes provision for the Courts to direct that periods spent
on bail whilst subject to an electronically monitored curfew (tagged bail), for at least 9 hours
per day, are to count as time served towards the sentence.
4.4.2
Tagged bail can be directed to count towards any sentence imposed on or after 3
November 2008, irrespective of the date of the offence.
4.4.3
The court must direct the number of days tagged bail to count as time served towards the
sentence at the rate of half of the number of days actually spent on tagged bail whilst
subject to the relevant requirements.
4.4.4
The number of days tagged bail directed to count by the court will appear on the Order of
Imprisonment.
4.4.5
Prison establishments have no input to the tagged bail calculation made by the court and
there are no checks that they can do. Prisons should simply credit the figure detailed on the
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Order of Imprisonment that is directed in accordance with Section 240A, towards the
sentence in the same way that they credit remand to custody.
4.4.6
Should prisoners disagree with the number of days tagged bail time that has been directed
they must pursue the matter with the Court through the usual appeal channels.
4.5
Police Detention Time
4.5.1
Police detention as part of an investigation is applicable only to sentences imposed prior to
03/12/2012 for offences committed prior to 04/04/05. Any part of a day spent in police
custody would count as a whole day for the purposes of sentence calculation.
4.5.2
A person was in police detention:
(a)
(b)
4.5.3
any time when the offender was in police detention for the purposes of PACE 1984;
and
any time when the offender was detained under section 41 Terrorism Act 2000.
Under section 118(2) of PACE, police detention begins on:
(a)
(b)
the arrival of the person at any police station after arrest; or
arrest at a police station after accompanying an officer there voluntarily and where
the person was detained there or was detained elsewhere in the charge of a
constable.
4.5.4
If a person attended a police station on a voluntary basis (i.e. to answer bail), they may
leave at any time and were therefore not in police detention.
4.5.5
If there are difficulties confirming the police detention with the police, possible alternative
approaches are:
(a)
(b)
approach the local courts to see if copies of custody records were attached to the
warrants from the Magistrate’s Court either on first remand or sentence
approach the Crown Prosecution Service to see if they are able to provide the
information from their records.
4.5.6
Forms to help obtain information about police detention are at Appendix D. The first form is
for the prisoner to supply the information of time that s/he is claiming and the second form
must be sent to the relevant police station(s) for confirmation of the time.
4.6
The effect of a ‘relevant period’ on a sentence
4.6.1
A ‘relevant period’ of remand to custody, police detention (where applicable) and/or tagged
bail time reduces the total time to be served of a sentence subject to the ‘relevant period’
not being counted towards the overall sentence envelope more than once. The custodial
period is reduced by the number of days in question and so the point at which the licence
period begins will be brought forward, but the licence period itself does not change
.
4.6.2
The way in which a relevant period affects a sentence is illustrated by the following
examples:
EXAMPLE 1
(A1)
Prisoner sentenced to 2 years on 10 December 2012. No relevant time.
N.B. Examples A1 and A2 also resemble the effect of remand on sentences of 12 months
or more imposed before 03/12/2012 for offences committed on or after 04/04/05.
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CRD
SLED
365 days
365 days
10/12/2012
(A2)
09/12/2013
09/12/2014
Same sentence as above but 30 days relevant time applicable.
S
CRD
SLED
335 days
10/12/2012
(B1)
365 days
09/11/2013
09/11/2014
Prisoner sentenced to 2 years on 1 October 2009 for an offence committed
prior to 04/04/05. No relevant time.
S
CRD
365 days
01/10/09
(B2)
LED
183 days
30/09/2010
SED
182 days
01/04/2011
30/09/2011
Same sentence as in B1 but 30 days relevant time applied
S
CRD
335 days
01/10/09
LED
183 days
31/08/10
SED
182 days
02/03/11
31/08/11
In the scenarios above, both the custodial period and the sentence end date are reduced
by the 30 days, but the period spent on licence remains the same.
4.7
Examples of What ‘Relevant Time’ is Applicable in Different Sentence Scenarios
4.7.1
The following examples illustrate what relevant time is applicable in different sentence
scenarios. It is irrelevant whether the time was court directed, or is automatically applied by
the Prison Service
4.8
Single Sentences and Remand
4.8.1
The following examples illustrate cases in which there is a single custodial sentence:
EXAMPLE 2
X
Rx
Not Guilty
Y
Rx
Community Order
Z
Rx
Custodial Sentence
Only period Z will be credited towards the custodial sentence as the prisoner received a not
guilty verdict and a community order on the other two cases. The prisoner is only serving a
single sentence and remand time on the other charges is not transferable.
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EXAMPLE 3
100 days
RX
120 day sentence
(time served)
S1
150 days
15 month sentence
Rx
S2
The remand time for S1 is shared with the remand time for S2 (ie the 100 days are part of
the 150 days).
60 days remand is required to clear the custodial period of S1. This leaves a balance of 90
days remand to be credited towards S2
4.9
Consecutive Sentences and Remand
4.9.1
Where a period has been spent on remand in respect of 2 or more offences for which
consecutive sentences were imposed, remand time must only be credited towards the
overall sentence envelope once.
4.9.2
N.B. Where the following scenarios apply to sentences imposed prior to 03/12/2012 and all
offences were committed prior to 04/04/05, ‘aggregate’ should be read as ‘single term’.
EXAMPLE 4
X
1 year
Rx
S1
Y
5 years consec to S1
Rx
S2
In this example, the two sentences form an aggregate of 6 years and only period X will
count towards the aggregate. Remand period Y is part of period X, so cannot count
separately.
EXAMPLE 5
X
Rx
8 months
B
S1
Y
Rx
2 years consec to S1
S2
The total of period X and period Y will count towards the aggregate of 8 months 2 years.
4.10
Concurrent Sentences and Remand
4.10.1 Where there are multiple concurrent or concurrent and overlapping sentences imposed any
time relevant to any of the sentences will count towards the effective release dates,
providing that a period of relevant time is not counted more than once. The total number of
days relevant time will reduce the latest CRD and SLED produced by the individual
sentences to find the effective dates.
4.10.2 If the sentences were imposed before 3 December 2012 and were sentences of less than
12 months, or the offences were committed prior to 4 April 2005, the principles of the
examples below apply, but the relevant time would be applied to the appropriate
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ARD/CRD/PED, NPD, LED and SED of the single term created by all the sentences rather
than to the latest release dates produced by the individual sentences.
EXAMPLE 6
X
Rx
B
S1
Y
Rx
S2
Z
Rx
B
S3
When sentences 1 and 2 are imposed periods X and Y will be counted towards the latest
dates produced by both sentences. The total time would be applied to the CRD and SLED
of S2 as these dates would be later than the dates produced by S1.When S3 is imposed
period Z will also be counted. Because no release has taken place from the earlier
sentences before S3 is imposed, period Z is then added to periods X and Y and the total is
applied to the CRD and SLED of S2 as this would still provide the latest dates of the three
individual sentences imposed.
EXAMPLE 7
X
RX1
B
S1
Y
Rx2
B
S2
In this example, when sentence 1 is imposed the total number of days in period X will be
credited. When S2 is imposed concurrently to S1, sentence 1 still produces the latest
release dates, but gets the benefit of the additional time between Rx2 and Rx1. (I.E the
whole of period Y is applied to sentence 1).
EXAMPLE 8
One sentence imposed after 03/12/2012 and one imposed prior to that date for an offence
committed on or after 04/04/05
X
Court Directed Remand
Rx1
S1 imposed before 03/12/12
Y
Rx2
S2 imposed after 03/12/12
When sentence 1 was imposed the court would have directed period X to count as time
served towards that sentence. When sentence 2 is imposed concurrently, the sentences
run parallel to one another each with their own release dates. Remand relevant to any of
the sentences is applied to the latest dates produced by each sentence providing a period
of remand is counted only once. Sentence 2 provides the latest release dates The period
between S1 and S2 cannot be counted as remand time as the offender was serving S1
during this period. The rest of period Y is part of period X. Therefore, period X is applied to
the release dates of sentence 2.
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4.11
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Where the Remand/Tagged Bail time Extinguishes the Custodial Part of a Sentence
4.11.1 Where the number of days remand/tagged bail time exceeds the number of days in the
custodial part of the sentence, only enough remand/tagged bail days are applied to clear
the custodial part of the sentence and results in the immediate release of the prisoner. The
balance of the remand/tagged bail does not reduce the licence period of a sentence.
However, should the prisoner be recalled from licence by the Secretary of State, the
balance of the uncredited remand/tagged bail time may be offset against the period of
return or recall in the following way:4.12
Previously uncredited remand time (Section 240ZA), tagged bail time (Section 240A)
and court directed remand time (section 240) and a period of recall other than FTR’s.
4.12.1 Providing the recall is not a Fixed Term Recall (FTR) any balance of uncredited
remand/tagged bail time relating to the sentence will be credited against the period of recall
4.12.2 For example – a prisoner has 8 months remand/tagged bail to count as time served
towards a 12 months sentence. The prisoner would be required to serve 6 months of that
12 month sentence in custody. Therefore, 6 months of the remand/tagged bail is applied to
effect an immediate release. Release is on a 6 months licence expiring at the SLED. A
month after being released, the offender is recalled to serve the remaining 5 months of the
licence in custody. Because there are 2 months of uncredited remand/tagged bail time, it
can be credited as time served towards the recall period meaning the prisoner is required
to serve 3 months to the SLED.
4.12.3 Where a prisoner has been UAL between date of recall and arrest/return to custody, adjust
the release dates on the recall sentence by the UAL first and then apply any balance of
uncredited remand/tagged bail time.
4.13
Previously uncredited Remand/Tagged Bail and Fixed Term Recalls
4.13.1 Where a FTR is issued on a sentence with a balance of uncredited remand/tagged bail time
the uncredited remand/tagged bail, up to a maximum of 28 days will be offset against the
overall sentence and will reduce the SED/SLED, but must not be offset against the 28 days
that are required to be served in custody by the FTR.
4.13.2 For example – a prisoner has 8 months remand/tagged bail time to count as time served
towards a 12 months sentence. 6 months of the remand/tagged bail time is applied to effect
an immediate release, leaving 2 months of uncredited remand/tagged bail time. A month
after being released a FTR is issued. The prisoner will be required to serve 28 days in
custody. 28 days of the uncredited remand/tagged bail time will be offset against the
sentence and will reduce the SED/SLED by 28 days, but the prisoner will still be required to
serve the whole of the 28 days in custody before re-release.
4.13.3 If the Secretary of State authorises re-release of the prisoner BEFORE 28 days have been
served, the SED/SLED must be re-calculated to ensure that it has only been reduced by
the number of days of the FTR actually served. For example, if the 12 months sentence
had an SED/SLED of 30 September, following a FTR, 28 days of the uncredited 2 months
remand/tagged bail time would be used to reduce the SED/SLED to 2 September.
However, if the Secretary of State authorised the re-release of the prisoner after only 10
days of the FTR had been served the SED/SLED would be recalculated to 20 September.
4.14
Uncredited Remand in Respect of sentences that were imposed prior to 3 December
2012 for an offence committed prior to 4 April 2005 and the recall occurred BEFORE
14/07/08,
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4.14.1 Any balance of uncredited remand/tagged bail would have been credited against the period
of recall and any period of return imposed by the Courts under their power at the time of
Section 116 of the PCC(S)A 2000.
4.14.2 For example – a prisoner had a remand/tagged bail period of 10 months to count as time
served towards a 16 month sentence. 8 months of the remand/tagged bail would have
been applied to effect an immediate release and release would have been on a 4 month
licence. 3 months after being released the offender was recalled to serve the remaining
month of licence and at the same time was ordered to return to custody by the court under
Section 116 of the PCC(S)A 2000 for a period of 7 months. Because the return and recall
period were imposed at the same time and there were 2 months of uncredited
remand/tagged bail time, 1 month would be offset against the period of licence recall and
the full 2 months would be offset against the custodial part (3 and a half months) of the 7
month Section 116 return
4.14.3 If prisons are unsure about the counting of uncredited remand time the sentence
calculation helpline should be contacted.
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CHAPTER 5 - HOW TO CALCULATE A SENTENCE
5.1
Purpose
5.1.1
The purpose of this chapter is to set out the process that must be followed to accurately
calculate release dates for sentences subject to the different release schemes within the
2003 Act. This Chapter does not cover the different types of Extended Sentences.
Extended Sentences and their interaction with other types of sentence are considered in
Chapter 11.
5.2
General Remarks
5.2.1
The date of sentence and in certain cases the date of offence and sentence length will
determine under which release scheme the sentence will be calculated. Sentences will fall
in to the following categories:


All sentences imposed on or after 3 December 2012
Sentences imposed before 3 December 2012 but on or after 1 October 1992
for an offence committed on or after 4 April 2005, or

for an offence committed prior to 4 April 2005
Sentences imposed before 1 October 1992
5.2.2
A sentence normally runs from the day it is imposed by the court unless the court directs
otherwise as in the case of consecutive sentences. It can NEVER commence prior to the
date of imposition.
5.2.3
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 the prisoner 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. (Where an HDCED or a PED falls on a
weekend or Bank Holiday and release is authorised, release is deferred until the
FOLLOWING working day).
5.2.4
Prisoners serving sentences of 12 weeks to under 4 years may be eligible for release on
Home Detention Curfew (HDC). Full details of HDC and how to calculate the eligibility
dates are contained in the Home Detention Curfew PSI.
5.3
Converting a Sentence in to Days
5.3.1
To find accurate release dates, sentences are always converted in to days. Sentences
expressed in any other terms will have to be converted to this format.
5.3.2
Any sentence expressed in years will mean calendar years. For example 3 years starting
on 17 December 2012 will end on 16 December 2015 = 1095 days. However, 3 years
starting on 17 December 2011 will end on 16 December 2014 = 1096 days. This is because
the years span February 2012 which has 29 days because 2012 is a leap year.
5.3.3
Any sentence of imprisonment expressed in months will mean calendar months. For
example 3 months starting on 14 March runs to 13 June = 92 days. When a sentence is
imposed on the first day of the month it will expire on the last day of the month of release.
For example 3 months starting on 1 January (in a non leap year) runs to 31 March = 90
days.
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5.3.4
Care must be taken when the calendar months involve the end of February as there is
often no corresponding ‘day before’ in February. For example:




5.3.5
PAGE 31
months starting 30 November runs to 28 February = 91 days (29 February where
February is in the leap year = 92 days).
months starting 29 November also runs to 28 February = 92 days
2 months starting 31 December runs to 28 February = 60 days (29 February in a
leap year = 61 days).
months imposed on 28 February will run to 27 May = 89 days (90 days in a leap
year).
If a court imposes a sentence involving ½ of one month, it is the number of days in the
month where the beginning of the ½ month falls that determines the number of days in that
½ month. For example 4½ months from 20 March will run to 4 August because:





The 4 months ends on 19 July so the ½ months starts in July
July has 31 days.
½ of 31 is 15.5 days
Sentences are calculated in whole days and the 15.5 must be rounded up to 16
days.
Therefore 4½ months from 20 March is 4 months + 16 days (20/03 to 19/07 + 16
days = 4/08)
5.3.6
3½ months from 2 November would mean that the start of the ½ month fell in February.
The number of days in the sentence would be the number of days in 3 months + 14 days
(or 15 days if February fell in a leap year)
5.3.7
Where a sentence is expressed in weeks, the number of weeks is multiplied by 7 to arrive
at the number of days in the sentence.
5.4
Sentences Imposed on or after 3 December 2012
5.4.1
Sentences imposed on or after 3 December 2012 are Standard Determinate Sentences
(SDSs)
5.4.2
An SDS of less than 12 months imposed on or after 3 December 2012 has an Automatic
Release Date (ARD) at the half way point of the sentence and is released unconditionally to
the Sentence Expiry Date (SED)
5.4.3
An SDS of 12 months or more, imposed on or after 3 December 2012, has a Conditional
Release Date (CRD) at the ½ way point of the sentence and a Sentence and Licence
Expiry Date (SLED) at the end of the sentence.
5.4.4
They are calculated on the green CJA2003 calculation sheet at APPENDIX B.
5.4.5
The length of the sentence imposed must be converted to days as explained in section 5.3
above.
5.4.6
To calculate the SLED/SED, the number of days in the sentence is reckoned from the date
of sentence less any relevant remand /tagged bail days.
5.4.7
To calculate the CRD/ARD, the total number of days in sentence is divided by 2 (rounded
up). The resulting figure is reckoned from date of sentence and then any relevant remand /
tagged bail days deducted.
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5.4.8
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The following examples illustrate the calculation of a single SDS imposed on or after 3
December 2012 with and without remand/tagged bail time.
EXAMPLE 9
Prisoner sentenced to 2 years on 21 September 2013. No relevant time:
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence
1
2 yrs
mos
C
NUMBER OF
DAYS IN
SENTENCE
days
730
D
DATE OF
SLED/SED
(Number of days
at B reckoned
from DOS)
20/09/2015
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
365
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
20/09/2014
From 21/09/13 to 20/09/15
Sentence
2
yrs
mos
From
days
to
EFFECTIVE RELEASE DATES
F
TOTAL NUMBER OF DAYS
OF REMAND AND
TAGGED BAIL
NIL
G
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
20/09/2015
20/09/2014
EXAMPLE 10
Prisoner sentenced to 3 years on 15 December 2012 with 35 days remand to custody and
10 days tagged bail time to count.
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence
1
3 yrs
mos
days
C
NUMBER OF
DAYS IN
SENTENCE
1095
D
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
14/12/2015
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
548
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
15/06/2014
From 15/12/12 to 14/12/15
Sentence
2
yrs
From
mos
days
to
F
G
H
TOTAL NUMBER OF DAYS
OF REMAND AND TAGGED
BAIL
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
45
30/10/2015
01/05/2014
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EXAMPLE 11
Prisoner sentenced to 8 months on 17 December 2012 with 10 days remand time.
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence
1
yrs 8
mos
NUMBER OF
DAYS IN
SENTENCE
243
days
C
D
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
16/08/2013
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
122
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
17/04/2013
From 17/12/2012 to 16/08/2013
Sentence
2
yrs
From
mos
days
to
EFFECTIVE RELEASE DATES
G
F
TOTAL NUMBER OF DAYS
OF REMAND AND TAGGED
BAIL
10
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
06/08/2013
07/04/2013
5.5
Concurrent Standard Determinate Sentences Imposed on or after 3 December 2012
5.5.1
Where concurrent SDSs are passed on the same occasion, the longest of the sentences
imposed will determine the effective release dates.
5.5.2
Where concurrent sentences are passed on different occasions the sentences run parallel.
Each sentence is calculated separately and each has its own release dates. Release
cannot take place until the latest CRD and release will be on licence to the latest SLED.
5.5.3
If all the sentences are less than 12 months, release is still at the half way point of each
sentence but release will be on an Automatic Release Date (ARD) which means release is
unconditional to the latest SED.
5.5.4
Providing no release has taken place from one sentence before another one is imposed,
any remand /tagged bail relevant to any of the sentences will reduce the effective (latest)
release dates
5.5.5
A period of temporary release does not provide a break between one sentence and
another, but release on Home Detention Curfew (HDC) does.
EXAMPLE 12
Concurrent SDSs imposed on the same occasion:
A prisoner is sentenced on 15/11/13 to 2 years with 3 years concurrent. There are 50
relevant remand/tagged bail days to count.
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A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence
1
2 yrs
mos
days
PAGE 34
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
730
14/11/15
365
14/11/14
1096
14/11/16
548
16/05/15
From 15/11/13 to 14/11/15
Sentence
2
3 yrs
mos
days
From 15/11/13 to 14/11/2016
Sentence
3
yrs
mos
From
days
to
EFFECTIVE RELEASE DATES
F
G
H
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND
AND TAGGED BAIL
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
50
25/09/16
27/03/15
The 3 years provides the latest release dates in columns C and E and so the 50 days
remand/tagged bail are deducted from the release dates of the 3 years.
EXAMPLE 13
Concurrent SDSs imposed on different occasions
A prisoner is sentenced to: 2 years on 17 May 2013 and there are 20 days remand
18 months concurrent was imposed on 27/03/14 – no remand
12 months concurrent was imposed on 05/08/14 – no remand
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence
1
2 yrs
mos
days
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
730
16/05/15
365
16/05/14
549
26/09/15
275
26/12/14
365
04/08/15
183
03/02/15
From 17/05/13to 16/05/15
Sentence
2
yrs 18 mos
days
From 27/03/14 to 26/09/15
Sentence
3
yrs 12 mos
days
From 05/08/14 to 04/08/15
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EFFECTIVE RELEASE DATES
F
G
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND AND
TAGGED BAIL
20
20
20
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
26/04/2015
06/09/2015
06/09/2015
26/04/2014
06/12/2014
14/01/2015
No release takes place from one sentence before the next sentence is imposed. Therefore
any remand time directed against any of the sentences will be applied to the effective
release dates produced by all the sentences (i.e. the latest dates in columns C and E).
When Sentence 1 is imposed the 20 days are applied to its release dates. When sentence
2 is imposed, it gives later dates than sentence 1 and so the 20 days remand is applied to
the dates of sentence 2 to give the effective release dates. Once all sentences have been
imposed the latest CRD is from sentence 3 - 03/02/2015 - and the latest SLED is from
sentence 2 – 26/09/2015. Applying the 20 days remand time gives final release dates of
CRD – 14/01/2015 and SLED – 06/09/2015.
EXAMPLE 14
A prisoner is sentenced to: 18 months on 21 December 2012 no remand/tagged bail time
6 months concurrent on 5 August 2013 with 25 days remand
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
yrs 18
mos
days
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
(Number of days
at B reckoned
from DOS)
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
547
20/06/2014
274
20/09/2013
184
04/02/2014
92
04/11/2013
From 21/12/2012 to 20/06/2014
Sentence 2
yrs 6 mos
days
From 5/08/2013 to 04/02/2014
Sentence 3
yrs
mos
From
to
days
EFFECTIVE RELEASE DATES
F
G
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND AND
TAGGED BAIL
NIL
25
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
20/06/2014
26/05/2014
20/09/2013
10/10/2013
When Sentence 1 was imposed there was no remand/tagged bail time and so the release
dates were those produced by the 18 months. When sentence 2 is imposed concurrently
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with 25 days remand, release hasn’t taken place from sentence 1 so the remand time from
sentence 2 is applied to the latest dates produced between the two sentences in columns C
and E. The latest date in column C is the SLED – 20/06/2014 and the latest date in column
E is the ARD – 04/11/0213. The 25 days remand/tagged bail is applied to these two dates
to give effective dates of ARD – 10/10/2013 and SLED - 26/05/2014. Release will be on
10/10/2013 on a licence expiring on 26/05/2014.
5.6
Consecutive Standard Determinate Sentences Imposed on or after 3 December 2012
5.6.1
SDSs imposed on or after 3 December 2012 that are ordered to be served consecutively to
one another are aggregated (added together) for the purposes of the 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.
5.6.2
Where all the sentences are less than 12 months and when aggregated the length of the
aggregate is still less than 12 months, release is unconditional at the half way point of the
aggregate. Therefore the aggregate has an ARD and an SED.
5.6.3
However, where the under 12 months sentences form an aggregate of 12 months or more,
release at the half way point of the aggregate is on licence to the end of the aggregate.
Therefore, the aggregate has a CRD and a SLED.
For example:
An SDS of 3 months with a consecutive 6 months SDS will result in an aggregate
and SED of 9 months from date of sentence and an ARD at 4½ months from date of
sentence. This means there is no licence issued on release.

An SDS of 6 months with a consecutive 6 months SDS will result in an aggregate
and SLED of 12 months from date of sentence and a CRD at 6 months from date of
sentence. Because the aggregate is 12 months or more, the sentences become
subject to a licence period.

Two consecutive SDSs of 4 years will result in an aggregate and SLED of 8 years
from date of sentence and a CRD of 4 years from date of sentence.

An SDS of 6 months with a consecutive 18 months SDS (or vice versa) will result in
an aggregate and SLED of 2 years from date of sentence with a CRD of 12 months
from date of sentence. This means the under 12 month sentence becomes subject
to a licence period.
5.6.4
The aggregate approach applies for those sentences imposed on or after 3 December
2012 on the same occasion and for those imposed on different occasions, providing the
prisoner has not been released from the custodial part of the earlier sentence before the
consecutive sentence is passed.
5.6.5
Any relevant remand/tagged bail time will reduce the aggregate SLED and CRD.
EXAMPLE 15
Consecutive Standard Determinate Sentences Imposed on the Same Occasion.
A prisoner is sentenced on 17 December 2012 to 3 months and 3 months consecutive.
There are no relevant remand/tagged bail days.
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A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
3 mos and
3 mos
consec
yrs 6 mos
C
NUMBER OF
DAYS IN
SENTENCE
182
days
PAGE 37
D
DATE OF
SLED/SED
(Number of days
at B reckoned
from DOS)
16/06/2013
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
91
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
17/03/2013
From 17/12/2012 to 16/06/2013
Sentence 2
yrs
mos
From
days
to
EFFECTIVE RELEASE DATES
F
G
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND AND
TAGGED BAIL
NIL
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
16/06/2013
17/03/2013
The two sentences are aggregated (added together) and the length of the aggregate
remains less than 12 months. Therefore, release will be unconditional at the half way point
of the 6 months aggregate. No licence will be required.
EXAMPLE 16
A prisoner is sentenced on 17 December 2012 to 6 months with 9 months consecutive.
There are 10 days tagged bail time to count.
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
6 months
and 9
months
consec
yrs 15 mos
C
NUMBER OF
DAYS IN
SENTENCE
455
days
D
DATE OF
SLED/SED
(Number of days
at B reckoned
from DOS)
16/03/2014
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
228
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
01/08/2013
From 17/12/2012 to 16/03/2014
Sentence 2
yrs
From
mos
days
to
EFFECTIVE RELEASE DATES
F
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND AND
TAGGED BAIL
10
PSI 13/2013
G
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
06/03/2014
22/07/2013
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The aggregate produced by the two sentences is more than 12 months and so the
sentences become subject to a licence period. Release is at the CRD half way point of the
aggregate on a licence to the SLED at the end of the aggregate.
EXAMPLE 17
A prisoner is sentenced on 20 September 2013 to 3 years and 18 months consecutive.
There are 30 relevant remand/tagged bail days.
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
3 years
and 18
mos
consec
4 yrs 6 mos
C
NUMBER OF
DAYS IN
SENTENCE
1642
days
D
DATE OF
SLED/SED
(Number of days
at B reckoned
from DOS)
19/03/2018
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
821
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
19/12/2015
From 20/09/13 to 19/03/2018
Sentence 2
yrs
From
mos
days
to
EFFECTIVE RELEASE DATES
F
G
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND
AND TAGGED BAIL
30
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
17/02/2018
19/11/2015
The two sentences are aggregated to produce one calculation of 4 year 6 months. The 30
days remand time reduces the SLED and CRD produced by the aggregate. Release will
take place on 19/11/2015 on licence to 17/02/2018
EXAMPLE 18
Consecutive Standard Determinate Sentences Imposed on Different Occasions
A prisoner is sentenced on 2 August 2013 to 12 months and then receives a further
sentence of 6 months consecutive on 18 November 2013. No remand time is directed
against either sentence.
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A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence 1
12 mos
yrs 12 mos
days
PAGE 39
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
(Number of days
at B reckoned
from DOS)
E
NUMBER OF
DAYS TO
CRD/ARD
B ÷ 2 Rounded
up
DATE OF CRD/ARD
(Number of days at
D reckoned from
DOS)
365
01/08/14
183
31/01/2014
549
01/02/2015
275
03/05/2014
From 02/08/13 to 01/08/14
Sentence 2
12 mos
and 6 mos
consec
yrs 6
mos
days
From 02/08/13 to 01/02/2015
Sentence 3
yrs
mos
From
to
days
EFFECTIVE RELEASE DATES
F
G
TOTAL NUMBER OF DAYS OF
COURT DIRECTED REMAND AND
TAGGED BAIL
NIL
NIL
H
EFFECTIVE SLED/SED
Latest date in C minus F
EFFECTIVE CRD/ARD
Latest date in E minus F
01/08/2014
01/02/2015
31/01/2014
03/05/2014
When sentence 1 – the 12 months - is imposed it will be calculated on the first line of the
green calc sheet. Because release hasn’t taken place from the 12 months by the time the 6
months consecutive is imposed, the 12 months forms an aggregate with the 6 months. The
18 months aggregate is then calculated on the second line of the sheet. There is no
remand time and so release takes place on the CRD of the aggregate – 03/05/2014 on
licence to the SLED of 01/02/2015.
5.7
Sentences Imposed BEFORE 3 December 2012
Sentences of 12 months or more imposed before 3 December 2012 for offences committed
on or after 4 April 2005.
5.7.1
Such sentences are to be treated in the same way as Standard Determinate Sentences
(SDS) imposed on or after 3 December 2012. Concurrent sentences run parallel to each
other and consecutive sentences are aggregated. These sentences interact with SDSs in
exactly the same way as SDSs interact with each other.
Sentences imposed before 3 December 2012 for offences committed prior to 4 April 2005
and all sentences of less than 12 months imposed before 3 December 2012.
5.7.2
Sentences imposed before 3 December 2012 for offences committed BEFORE 4 April
2005 and all sentences of less than 12 months that were imposed before 3 December 2012
are single termed with one another and the length of the single term determines under
which following 2003 Act release scheme they fall to be treated:

PSI 13/2013
Prisoners over 21 serving less than 12 months, YOs serving a DYOI or term
under Section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000
Act of 12 months or less
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They have an Automatic release Date (ARD) at the ½ way point of the sentence
and a Sentence Expiry Date (SED) at the end of the sentence. They were not
subject to supervision on licence, but were released ‘at risk’ unless the term was
DYOI and the prisoner was under 22 at the point of release. In that scenario,
release was on a 3 months notice of supervision. They were calculated on a white
calculation sheet at APPENDIX B.

Prisoners over 21 serving 12 months or more but less than 4 years, YOs
serving a DYOI or term under Section 91(3) of the PCC(S)A 2000 Act of more
than 12 months but less than 4 years
They have a Conditional Release Date (CRD) at the ½ way point, a Licence Expiry
Date (LED) at the ¾ point and Sentence Expiry Date (SED) at the end of the
sentence. They were calculated on a pink calculation sheet at APPENDIX B.

Prisoners serving 4 years and over
They have a Parole Eligibility Date (PED) at the ½ way point, Non Parole Date
(NPD) at the ⅔ point, Licence Expiry Date (LED) at the ¾ point and Sentence
Expiry Date (SED) at the end of the sentence. They were calculated on a blue
calculation sheet at APPENDIX B.

‘Conversion’
Prisoners serving 4 years or more whose half way point fell on or after 9 June 2008
and who were not serving any part of their sentence for a Schedule 15 offence were
subject to ‘conversion’. They were no longer subject to the parole process but
became entitled to automatic conditional release at the ½ way point (CRD) and a
Sentence and Licence Expiry Date (SLED) at the end of the sentence. They were
still calculated on a blue calculation sheet at APPENDIX B. Example 22 below
refers.
5.7.3
For those sentences not subject to conversion, release was ‘at risk’ of return to custody by
the Courts under the power they had under Section 116 of the PCC(S)A 2000 (formerly
Section 40 of the Criminal Justice Act 1991). Such a period was always calculated under
one of the above schemes depending on its length. However, from 3 December 2012 the
Courts will no longer have the power to impose a period of imprisonment under Section
116. Therefore, no new Section 116 cases will be created and no further ‘at risk’ notices will
be issued (or remain in force) on or after 3 December 2012.
5.7.4
Relevant remand/tagged bail and (where appropriate) police custody time will be applied to
the sentences – see Chapter 4 for further information about the determination and
application of such time.
5.7.5
The length of the sentence imposed must be converted to days.
5.7.6
To calculate an SED (or SLED in conversion cases), the number of days in the sentence
less the number of days of relevant time is reckoned from the date of sentence.
5.7.7
To calculate a PED, ARD or CRD, divide the number of days in the total sentence by 2,
rounding down fractions and deduct the resulting figure from the number of days to the
SED/SLED. (The number of days to the SED/SLED is the total number of days in sentence
less the relevant time). The resulting figure is reckoned from date of sentence.
5.7.8
To calculate an NPD, divide the number of days in the total sentence by 3, rounding down
fractions and deduct the resulting figure from the number of days to the SED/SLED. (The
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number of days to the SED/SLED is the total number of days in sentence less the relevant
time). The resulting figure is reckoned from the date of sentence.
5.7.9
To calculate an LED, divide the number of days in the total sentence by 4, rounding down
fractions and deduct the resulting figure from the number of days to the SED/SLED. (The
number of days to the SED/SLED is the total number of days in sentence less the relevant
time). The resulting figure is reckoned from the date of sentence.
5.7.10 The following examples illustrate the calculation of single sentences, that were imposed
prior to 3 December 2012, with and without relevant time:
EXAMPLE 19
Prisoner sentenced to 9 months on 1 January 2009, no remand, police, or tagged bail time.
White calculation sheet
CASES
DATES
Offence
Committed
Sentence/Order
Police
Custody
Bail at
prison/court
Remand
Reception
off bail
Sentence
1/01/09
9 months
Number of Days
Sentence
A.
B.
Total length of sentence
From: 01/01/09
to 30/09/09
273
Time in custody to count
Police from:
Prison from:
Prison from:
to:
to:
to:
=
=
=
NIL
C.
Actual term (A – B)
273
D.
Automatic release date C – (A ÷ 2)
137
SED = number of days at C
From date of sentence
= 30
: 09
:
09
ARD = number of days at D
From date of sentence
=
17
:
05
:
09
The sentence was less than 12 months, was calculated on a white sheet and had
unconditional release at the half way point of the sentence. The prisoner would have
remained ‘at risk’ of return to prison by the Courts until the SED.
EXAMPLE 20
Prisoner sentenced to 2 years on 9 October 2009 with 20 days remand and police time and
10 days court directed tagged bail time.
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Pink calculation sheet
Number of Days
Sentence
A.
B.
Total length of sentence
From: 09/10/09
to 08/10/11
Time in custody to count
Police from: 30/08/09
to: 31/08/09
Prison from: 21/09/09
to: 08/10/09
Prison from:
to:
Court Directed Tagged Bail time
C.
D.
730
= 2
= 18
=
= 10
Actual term (A – B)
30
SED = number of days at C
From date of sentence
700
= 08
:
09
: 11
CRD = number of days at D
From date of sentence
Conditional release date C – (A ÷ 2)
335
=
E.
8
:
09
: 10
LED = number of days at E
From date of sentence
Licence expiry date C- (A ÷ 4)
518
=
10
:
03
: 11
The prisoner would have been released at the half way point of the 2 years less
remand/tagged bail time. Release would have been on a licence expiring at the threequarter point of the sentence less remand/tagged bail time, remaining ‘at risk’ of return to
prison by the courts until the SED at the end of the sentence less remand/tagged bail time.
EXAMPLE 21
Prisoner sentenced to 6 years on 17 September 2009 with 100 days relevant time –
Offence was a Schedule 15 offence so not subject to ‘conversion’
Blue calculation sheet
Number of Days
Sentence
A.
B.
Total length of sentence
From: 17/09/09
D.
16/09/2015
to:
to:
to:
16/09/09
2191
Time in custody to count
Police from:
Prison from:
Prison from:
C.
to
09/06/09
Actual term (A – B)
=
= 100
=
100
2091
SED = number of days at C
From date of sentence
=
08 : 06
: 15
PED = number of days at D
From date of sentence
Parole eligibility date C – (A ÷ 2)
996
=
E.
08
:
06
: 12
NPD = number of days at E
From date of sentence
Non parole date C- (A ÷ 3)
1361
F.
= 08
: 06
: 13
LED = number of days at F
From date of sentence
Licence expiry date C – (A ÷ 4)
1544
=
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:
12
:
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The prisoner would have been eligible to be considered for release on parole at the half
way point of the sentence with automatic release at the two thirds point on a licence
expiring at the three-quarter point. Although the end of the sentence is not until 8/06/2015,
the prisoner would cease to be ‘at risk’ of return to prison by the Courts under Section 116
on 2 December 2012 as the Courts no longer have that power on or after 3 December
2012.
EXAMPLE 22
Prisoner sentenced to 6 years on 17 September 2009 – subject to ‘conversion’
Blue calculation sheet
Number of Days
Sentence
A.
B.
C.
D.
E.
Total length of sentence
From:
17/09/09
to 16/09/2015
Time in custody to count
Police from:
Prison from:
Prison from:
to:
to:
to:
2191
=
=
=
NIL
2191
SED = number of days at C
SLED From date of sentence
=
16
: 09
: 15
1096
PED = number of days at D
CRD From date of sentence
=
16 : 09
: 12
Actual term (A – B)
Parole eligibility date C – (A ÷ 2)
CRD
Non parole date C- (A ÷ 3)
N/A
F.
Licence expiry date C – (A ÷ 4)
N/A
NPD = number of days at E
From date of sentence
=
:
:
LED = number of days at F
From date of sentence
=
:
:
Although this prisoner was serving a sentence of more than 4 years for an offence
committed prior to 4 April 2005, the offence was not a Schedule 15 offence. Because the
half way point of the sentence falls on or after 9 June 2008, this prisoner was eligible for
‘conversion’. Therefore, the prisoner is no longer subject to the parole process, but can be
automatically released at the half way point of the sentence on a licence expiring at the end
of the sentence. The half way point becomes a CRD instead of a PED and the end of the
sentence becomes a SLED instead of a SED. The NPD and LED are no longer relevant.
EXAMPLE 23
Prisoner sentenced to 12 months on 1 October 2009 with 200 days relevant time.
In this example, the amount of relevant time is greater than the custodial period, calculated
as half of the total length of sentence. In these circumstances, the relevant time to count is
the amount of relevant time required to extinguish the custodial period. The figure at B in
the table is therefore half of the figure at A, rather than the full 200 days relevant time. If the
prisoner were to be recalled from licence or made subject to return under Section 116 of
the PCC(S) A 2000 Act, the remaining 17 uncounted days of relevant time would count
against the period of return or revoke. Chapter 4 covers this in more detail.
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Pink calculation sheet
Number of Days
Sentence
A.
B.
Total length of sentence
From: 01/10/09
365
Time in custody to count
Police from:
Prison from:
Prison from:
C.
to 30/09/10
to:
to:
to:
=
=
=
17 days relevant time would
have been available to count
towards a period of Section
116 or revoke in relation to
this sentence.
SED = number of days at C
From date of sentence
200
183
Actual term (A – B)
182
D.
=
31
: 03
: 10
CRD = number of days at D
From date of sentence
Conditional release date C – (A ÷ 2)
Nil to Serve
=
E.
Licence expiry date C- (A ÷ 4)
91
Immediate release
LED = number of days at E
From date of sentence
=
30
:
12
: 09
5.8
Multiple Sentences imposed BEFORE 3 December 2012 for offences committed
PRIOR to 4 April 2005 and all sentences of less than 12 months imposed before 3
December 2012
5.8.1
Sentences that were imposed before 3 December 2012 for offences committed prior to 4
April 2005 and all sentences of less than 12 months imposed before 3 December 2012
must be single termed with one another, providing:


The sentences were imposed on the same occasion; or
Where they were imposed on different occasions, the person has not been released
at any time during the period between the date of the first sentence and the latest
end date of the sentences.
A period of temporary release does not break the single term, but release on HDC
does.
5.8.2
Once the single term has been established, the length of the single term determines which
2003 Act release scheme for sentences imposed prior to 3 December 2012 the prisoner
falls into (i.e. under 12 months, 12 months to less than 4 years, or 4 years or more) and it is
then treated in the same way as a single sentence as set out in Para 5.7.2 above when
selecting the correct calculation sheet and calculating the release dates.
5.8.3
Any remand time/tagged bail/police custody (where appropriate), relevant to any of the
sentences within the single term is applied to the single term.
5.8.4
Where a prisoner was released and immediately remanded for a court appearance at which
a second sentence was imposed, no single term was created because the custodial
periods of the two sentences had been broken by a period of remand. Similarly, where a
prisoner reached the release date of one sentence but could not be physically discharged
from the prison because the offender was required to remain on remand for further matters
which subsequently resulted in another custodial sentence, there was no single term
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created because the sentenced time had been broken by the technical release from the
first sentence.
5.8.5
However, if a prisoner was released and then given a second sentence on the same day
then a single term was created since the first sentence did not expire until midnight on the
day in question and the two sentences had not been broken by a period of remand.
5.8.6
Where a sentence was imposed on or after 30 September 1998 after a prisoner had been
released at the ARD, CRD, PED or NPD of an earlier sentence, no single term was
created. The second sentence simply ran parallel to the licence/’at risk’ period of the first.
Chapter 6 covers this in more detail.
5.8.7
A sentence (including any Section 116 order (2000 Act), formerly Section 40 of the 1991
Act, for return, imposed at the same time) imposed before 30 September 1998 was
required to be treated as a single term with an earlier sentence even if the prisoner had
been released from the earlier sentence but had subsequently been recalled (having
breached his/her licence), so that the offender was once more in custody serving the earlier
sentence when the subsequent sentence was imposed.
5.8.8
Periods of imprisonment in default of payment of fines and civil terms of imprisonment
cannot form part of a single term.
Concurrent Sentences imposed before 3 December 2012 for offences committed prior to 4
April 2005 and concurrent sentences of less than 12 months imposed before 3 December
2012
5.8.9
Where sentences, imposed before 3 December 2012 for offences committed prior to 4 April
2005 and all sentences of less than 12 months imposed before 3 December, are
concurrent or partly concurrent and overlapping to each other, the single term runs from the
date of imposition of the first sentence to the latest sentence expiry date (excluding any
remand/tagged bail time).
EXAMPLE 24
The Single Term – concurrent and overlapping sentences
S1
ARD1
SED1
S2
ARD2
SED2
Single term
Sentence S2 was passed after sentence S1, but before the prisoner had been released
from custody in respect of sentence S1. Therefore a single term was created. The court
ordered sentence S2 to be served concurrently to sentence S1, so the single term is the
period from S1 to SED2. For example:
A prisoner received a 3 months sentence on 31 July 2012 and concurrent 4 months
on 17 August 2012. No release took place from the 3 months before the 4 months
was imposed and so a single term is created as follows:


PSI 13/2013
The 3 months runs from 31/07/2012 to 30/10/12
The 4 months runs from 17/08/2012 to 16/12/2012
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
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
PAGE 46
A single term runs from the date of first sentence to the latest end date.
Therefore, the single term runs from 31/07/2012 to 16/12/2012 = 139 days
The 139 day calculation would be on a white calculation sheet with unconditional release at
the half way point and although the SED was not until 16/12/2012, the prisoner would
cease to be ‘at risk’ of return to custody by the courts on 02/12/2012 (the courts no longer
have the power to return on or after 03/12/2012).
5.8.10 Where concurrent and wholly overlapping sentences were imposed, and the sentences
were single termed, a second sentence might have had no practical effect on the release
date. This is illustrated by the following example.
EXAMPLE 25
The Single Term - wholly concurrent sentences
S1
ARD1
S2
SED1
ARD2
SED2
Single term
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.
For example:
A prisoner received a 4 year sentence on 16/10/2010 and a concurrent sentence of
3 years on 15/03/011. No release took place from the 4 years before the 3 years
was imposed and so a single term is created as follows:


The 4 years runs from 16/10/2010 to 15/10/2014
The 3 years runs from 15/03/2011 to 14/03/2014
The single term runs from 16/10/2010 to 15/10/2014 which means the 3 years is wholly
concurrent to the 4 years.
There are 1461 days in the single term. As the single term is one of 4 years it would be
calculated on a blue calculation sheet with a PED, NPD, LED and SED if the single term
contained a sentence for a Schedule 15 offence, or it would have a CRD and SLED if there
was no Schedule 15 offence.
Consecutive Sentences Imposed before 3 December 2012 for Offences Committed Prior to
4 April 2005 and all sentence of less than 12 months imposed before 3 December 2012.
5.8.11 Sentences, imposed before 3 December 2012 for offences committed prior to 4 April 2005
and all sentences of less than 12 months imposed before 3 December 2012, which were to
be served consecutively to one another, whether they were imposed on the same occasion
or on different occasions, (providing no release took place from one sentence before the
next was imposed), were added together and treated as a single term equal to the
combined total of such sentences. For example, two consecutive sentences of 12 months
resulted in a single term of 24 months. The 24 months would be calculated on a pink
calculation sheet to produce a CRD at the half way point, and LED at the three-quarter
point and an SED at the end of the single term.
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5.8.12 Usually, where the intention of the court was 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 was 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 was 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.
EXAMPLE 26
Prisoner sentenced to:
Sentence 1 - 3 years on 15/11/2010 and
Sentence 2 - 3 years consecutive on 10/01/2012
Both offences were committed prior to 04/04/05, one of which was a Schedule 15 offence
and there was no remand/tagged bail.
Sentence 1 runs from 15/11/2010 to 14/11/2013
Sentence 2 runs from 15/11/2012 to 14/11/2015.
There was no release from sentence 1 before sentence 2 was imposed. Therefore, the two
sentences formed a single term that runs from 15/11/2010 to 14/11/2015. This is a single
term of more than 4 years and it is not subject to conversion because part of the single
term is for a schedule 15 offence. Therefore it would be calculated on a blue sheet with a
PED, NPD, LED and SED
5.9
Multiple Sentences Comprising Sentences Imposed on or after 3 December 2012 and
Sentences Imposed Before that Date.
5.9.1
N.B. For the purposes of the guidance in the following paragraphs, the reference to ‘new’
sentence must be taken as referring to:

all sentences imposed on or after 3 December 2012 and
all sentences of 12 months or more imposed before 3 December 2012 for offences
committed on or after 4 April 2005.
5.9.2
These two sentences are treated exactly the same as each other and are both calculated
on the green calculation sheet.
5.9.3
Where they are concurrent to one another they run parallel to each other. Release will be
on the latest CRD/ARD on a licence expiring at the latest SLED. Any remand/tagged bail
time relevant to either of the sentences will be applied to the effective release dates
produced by the sentences.
5.9.4
Where the sentences are consecutive to one another, they will be aggregated (added
together). Release will be at the half way point of the aggregate on a licence expiring at the
SLED at the end of the aggregate. Any remand/tagged bail time relevant to any of the
sentences will count as time served towards the aggregate.
5.9.5
They therefore, interact in exactly the same way as each other with other types of
sentence; hence the reference to ‘new’ sentence in the guidance below applies to both of
them.
‘New’ sentences concurrent to sentences/single terms imposed on or after 1 October 1992
but before 3 December 2012 for offences committed prior to 4 April 2005 and
sentences/single terms of less than 12 months imposed before 3 December 2012.
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5.9.6
PAGE 48
Where a ‘new’ sentence is imposed before the release of a sentence/single term imposed
on or after 1 October 1992 but before 3 December 2012 for an offence committed prior to 4
April 2005, or a sentence/single term of less than 12 months imposed before 3 December
2012, and is ordered to be concurrent to the earlier sentence/single term, the two
sentences are treated separately. The ‘new’ sentence will run parallel to the earlier
sentence/single term and will be calculated on a green sheet. The earlier sentence/single
term will have been calculated on a white, pink or blue calculation sheet depending on its
length. Remand time relevant to any of the sentences/single terms will be applied to the
latest release dates produced between the ‘new’ sentence and the earlier sentence/single
term. Release will be on the latest ARD/CRD produced by the two sentences and will be on
licence to the latest SLED/LED. If both the ‘new’ sentence(s) and the earlier
sentences/single term have an SED because they are both less than 12 months, release at
the latest ARD will be unconditional. The calculation sheets would be set out as per the
following examples:
EXAMPLE 27
Prisoner sentenced to 10 months on 5 November 2012 and then receives 12 months
concurrent on 17 December 2012. There is no relevant remand/tagged bail for either
sentence. The 10 months would have been calculated on a white sheet and the ‘new’ 12
months would be calculated on a green sheet.
White sheet
A.
B.
Total length of sentence
From:
05/11/2012
to 04/09/2013
Time in custody to count
Police from:
Prison from:
Prison from:
C.
304
to:
to:
to:
=
=
=
NIL
SED = number of days at C
From date of sentence
Actual term (A – B)
304
D.
Automatic release date C – (A ÷ 2)
= 04 : 09
: 2013
ARD = number of days at D
From date of sentence
152
=
Establishment
Date
HMP Here
06/11/12
Reason for variation
(Upon first reception after sentence)
05
: 04
: 2013
No of
days
SED
ARD
304
04/09/2013
05/04/2013
(See green sheet for
effective release dates)
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Green sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
yrs 12
mos
days
B
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
365
16/12/2013
D
NUMBER OF
DAYS TO
CRD/ARD
E
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
183
17/06/2013
From 17/12/2012 to 16/12/2013
Sentence 2
yrs
mos
From
Sentence 3
yrs
days
to
mos
From
days
to
When the calculation sheets are compared, the dates from the green sheet provide the
latest release date (CRD) and the latest end date (SLED) so this prisoner would be
released on 17/06/2013 on a licence expiring 16/12/2013. The white sheet must be
annotated that the effective release dates are to be taken from the green sheet.
EXAMPLE 28
Prisoner is sentenced to 18 months on 10 September 2012 for an offence committed prior
to 04/04/05. There were 10 days remand credited towards this sentence. On 15 February
2013 a further sentence of 10 months was imposed and ordered to be concurrent to the
earlier sentence. There were 5 days remand time (different to the 10 day period credited to
the 18 months) that were relevant to the 10 month sentence. The 18 months would have
been calculated on a pink sheet and the ‘new’ 10 months will be calculated on a green
sheet. Because any remand, relevant to any of the sentences, applies to the overall
effective release dates the 5 days gets added to the earlier 10 days and the total 15 days is
applied to both sentences; hence the 18 months on the pink calculation sheet would need
to be adjusted once the further sentence is imposed:Pink calculation sheet
A.
B.
Total length of sentence
From: 10/09/2012
Time in custody to count
to 09/03/2014
Police from:
Prison from:
Prison from:
to:
to:
to:
546
=
= 10
=
10
15
C.
Actual term (A – B)
536
531
D.
Conditional release date C – (A ÷ 2)
263
258
E.
Licence expiry date C- (A ÷ 4)
400
395
SED = number of days at C
From date of sentence
22/02/2014
=
27
: 02
: 2014
CRD = number of days at D
From date of sentence
25/05/2013
=
30
: 05
: 2013
LED = number of days at E
From date of sentence
09/10/2013
=
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10
: 2013
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Initials
Establishment
Date
HMP Here
10/09/12
HMP Here
Reason for variation
(Upon first reception after
sentence)
Further applicable
remand
15/12/2013
No of
days
SED
LED
CRD
546
27/02/14
14/10/13
30/05/13
5
22/02/14
09/10/13
25/05/13
Calc
Check
See green sheet for effective ARD
Green calculation sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence 1
yrs 10 mos
days
B
NUMBER OF
DAYS IN
SENTENCE
303
C
DATE OF
SLED
(Number of
days at B
reckoned from
DOS)
14/12/2013
D
NUMBER OF
DAYS TO CRD
B ÷ 2 Rounded
up
152
E
DATE OF CRD
(Number of days
at D reckoned
from DOS)
16/07/2013
From 15/02/2013 to 14/12/2013
Sentence 2
yrs
mos
From
Sentence 3
yrs
From
days
to
mos
days
to
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
15
G
EFFECTIVE SLED
Latest date in C minus F
29/11/2013
H
EFFECTIVE CRD
Latest date in E minus F
01/07/2013
Initials
Establishment
Date
HMP Here
15/12/13
Reason for variation
No of
days
303
SLED
CRD
29/11/13
01/07/2013
Calc
Check
(Upon first reception after
sentence)
See pink sheet for effective LED and
SED
When the two sheets are compared, the ‘new’ 10 months sentence provides the latest
release date – ARD of 01/07/2013, but release from this particular sentence would be
unconditional. Therefore, the LED from the pink sheet is the effective licence expiry date;
The SED on the pink sheet is later than that on the green sheet and so becomes the
effective SED. This means the prisoner would be released on 01/07/2013 on a licence
expiring on 09/10/2013 with an SED of 22/02/2014. Care must be taken to annotate each
sheet explaining the effective dates.
EXAMPLE 29
Prisoner sentenced to 6 years on 15 September 2009 for a Schedule 15 offence committed
prior to 04/04/05. There were 50 days remand to be counted towards the sentence. Then
on 10 December 2012 the prisoner received a further sentence of 3 years ordered to be
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concurrent. There was no relevant remand/tagged bail time in respect of the 3 years. The 6
years would have been calculated on a blue sheet and was not subject to conversion and
the 3 years is a ‘new’ sentence and so would be calculated on a green sheet. Any time
relevant to any of the concurrent sentences is applied to the overall effective release dates.
Therefore, the 50 days must be applied to both sentences.
Blue calculation sheet
A.
B.
Total length of sentence
From: 15/09/2009
to 14/09/2015
Time in custody to count
Police from:
Prison from:
Prison from:
C.
2191
to:
to:
to:
=
= 50
=
50
SED = number of days at C
From date of sentence
Actual term (A – B)
2141
D.
=
26
: 07
: 2015
PED = number of days at D
From date of sentence
Parole eligibility date C – (A ÷ 2)
1046
=
E.
F.
Non parole date C- (A ÷ 3)
Licence expiry date C – (A ÷ 4)
26
: 07
: 2012
1411
NPD = number of days at E
From date of sentence
1594
=
26 : 07
: 2013
LED = number of days at F
From date of sentence
=
25
: 01
: 2014
Initials
Establishment
Date
HMP Here
15/09/09
Reason for variation
No of
days
2191
SED
LED
NPD
PED
26/07/15
25/01/14
26/07/13
26/07/12
Calc
Check
(Upon first reception
after sentence)
See green sheet for effective CRD and
SLED
Green calculation sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
3 yrs
mos
days
B
NUMBER OF
DAYS IN
SENTENCE
1095
C
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
09/12/2015
D
NUMBER OF
DAYS TO CRD
B ÷ 2 Rounded
up
548
E
DATE OF CRD
(Number of days
at D reckoned
from DOS)
10/06/2014
From 10/12/2012 to 09/12/15
Sentence 2
yrs
mos
From
Sentence 3
yrs
From
PSI 13/2013
days
to
mos
days
to
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
F
TOTAL NUMBER OF DAYS OF
RELEVANT REMAND
50
PAGE 52
G
EFFECTIVE SLED
Latest date in C minus F
20/10/2015
H
EFFECTIVE CRD
Latest date in E minus F
21/04/2014
Initials
Establishment
Date
Reason for variation
10/12/12
HMP Here
No of
days
1095
SLED
CRD
20/10/2015
21/04/2014
Calc
Check
(Upon first reception after sentence)
Although the prisoner would be subject to the parole process in respect of the 6 year
sentence, release could not take place until the later release date of the 3 year sentence.
The 3 year sentence also gave a later SLED. Therefore, release would be on 21/04/2014
on a licence expiring on 20/10/2015.
‘New’ sentences consecutive to sentences/single terms imposed on or after 1 October
1992 but before 3 December 2012 for offences committed prior to 4 April 2005 and
sentences/single terms of less than 12 months imposed before 3 December 2012.
5.9.7
Where a ‘new’ sentence is consecutive to sentences/single terms imposed on or after 1
October 1992 but before 3 December 2012 for offences committed prior to 4 April 2005 and
sentences/single terms of less than 12 months imposed before 3 December 2012, the
sentences are aggregated.
5.9.8
Release is once the aggregate of all the custodial periods has been served. Aggregation
does NOT affect the release points of the sentence/single term imposed prior to 3
December 2012. If that sentence/single term had a PED and NPD it will keep those release
points on aggregation:

Where the aggregate itself is less than 12 months –
release is at the half way point (ARD) of the aggregate and will be completely
unconditional. Any time relevant to any of the sentences will be applied to the
aggregate. The aggregate is done on a green calculation sheet.

Where the aggregate is 12 months or more and comprises a ‘new’ sentence
consecutive to a sentence/single term of less than 4 years –
release is at the half way point (CRD) of the aggregate on a licence to the SLED at
the end of the aggregate. Any court directed time and any additional remand time
relevant to the ‘new’ sentence will be applied to the aggregate. The aggregate is
done on a green calculation sheet.

Where the aggregate comprises a ‘new’ sentence consecutive to a sentence/single
term of 4 years or more that was not subject to ‘conversion’ –
The sentences form an aggregate to find the SLED, but then they must be
separated out to find the effective PED and NPD. To do this the ‘new’ sentence will
be calculated first from the date of first sentence to find a notional CRD. The 4 years
or more sentence/single term will then be calculated from the day after the notional
CRD to find the effective PED and NPD. The prisoner will be eligible for parole
consideration at the PED, automatic release at the NPD on a licence expiring at the
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SLED at the end of the aggregate. Any court directed time and additional remand
relevant to the ‘new’ sentence will be applied to the aggregate. This calculation will
require both a green and a blue calculation sheet.

Where the aggregate comprises a ‘new’ sentence consecutive to a sentence/single
term of 4 years or more that WAS subject to conversion –
release is at the half way point (CRD) of the aggregate on a licence expiring at the
SLED at the end of the aggregate. Any court directed time and any additional
remand time relevant to the ‘new’ sentence will be applied to the aggregate. This
aggregate is done on a green calculation sheet.
5.9.9
The following examples show how the calculation sheets would be look for mixtures of
‘new’ sentences imposed consecutively to sentences imposed prior to 3 December 2012.
EXAMPLE 30
Prisoner sentenced on 17 October 2012 to 6 months. Before release, a further sentence of
3 months is imposed on 18 December 2012 and ordered to be consecutive to the earlier
sentence. There was no relevant time applicable to either sentence. The 6 months would
have originally been calculated on a white sheet. However, once the consecutive 3 months
is imposed, an aggregate of 9 months is created and calculated on a green calculation
sheet;Original White Sheet
A.
B.
Total length of sentence
From: 17/10/12
182
Time in custody to count
Police from:
Prison from:
Prison from:
C.
to 16/04/13
to:
to:
to:
=
=
=
NIL
SED = number of days at C
From date of sentence
Actual term (A – B)
182
D.
Automatic release date C – (A ÷ 2)
=
16
: 04
: 2013
ARD = number of days at D
From date of sentence
91
=
15
:
01
: 2013
Initials
Establishment
Date
HMP Here
17/10/12
Reason for variation
(Upon first reception after
sentence)
No of
days
SED
ARD
182
16/04/13
15/01/13
Calc
Check
See green sheet for effective dates
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Green Sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
6 MOS + 3
MOS
CONSEC
yrs 9
mos
days
B
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
273
16/07/2013
D
NUMBER OF
DAYS TO
CRD/ARD
E
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
137
02/03/2013
From 17/10/12 to 16/07/13
Sentence 2
yrs
mos
From
days
to
Initials
Establishment
Date
18/12/12
HMP Here
Reason for variation
Further Sentence
(Upon first reception after sentence)
No of
days
273
SLED/SED
CRD/ARD
16/07/13
02/03/13
Calc
Check
Because the aggregate is one of less than 12 months. Release is at the half way point of
the aggregate (ARD) and is completely unconditional. Care must be taken to annotate the
original white sheet that the effective release dates are on the green sheet.
EXAMPLE 31
Prisoner sentenced to 2 years on 31 May 2012 for an offence committed prior to 04/04/05
and there were 20 days relevant remand to count. On 15 February 2013, a further sentence
of 18 months consecutive was imposed and there were an additional 10 days remand (A
different period to the 20 days) applicable to this sentence. The 2 years would have been
calculated on a pink sheet, but when the 18 months consecutive is imposed, an aggregate
of 3 years 6 months is created and calculated on a green sheet;
Original pink sheet
A.
B.
Total length of sentence
From: 31/05/2012
730
Time in custody to count
Police from:
Prison from:
Prison from:
C.
to 30/05/2014
to:
to:
to:
=
= 20
=
20
SED = number of days at C
From date of sentence
Actual term (A – B)
710
D.
=
10
: 05
: 2014
CRD = number of days at D
From date of sentence
Conditional release date C – (A ÷ 2)
345
=
E.
10
:
05
: 2013
LED = number of days at E
From date of sentence
Licence expiry date C- (A ÷ 4)
528
=
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09
:
11
: 2013
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Initials
Establishment
Date
HMP Here
31/05/12
Reason for variation
No of days
SED
LED
CRD
730
10/05/14
09/11/13
10/05/13
Calc
Check
(Upon first reception after
sentence)
See Green sheet for effective
release dates
Green Sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence 1
2 years +
18 mos
consec
3 yrs 6 mos
B
NUMBER OF
DAYS IN
SENTENCE
1279
days
C
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
30/11/2015
D
NUMBER OF
DAYS TO
CRD/ARD
E
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
640
01/03/2014
From 31/05/12 to 30/11/15
Sentence 2
yrs
mos
From
days
to
EFFECTIVE RELEASE DATES
F
TOTAL NUMBER OF DAYS OF RELEVANT REMAND
30
G
EFFECTIVE SLED
Latest date in C minus F
31/10/2015
H
EFFECTIVE CRD
Latest date in E minus F
30/01/2014
Initials
Establishment
Date
HMP Here
15/02/13
Reason for variation
Further sentence
(Upon first reception after sentence)
No of
days
1279
SLED/SED
CRD/ARD
31/10/2015
30/01/2014
Calc
Check
Release is at the half way point of the aggregate (CRD) on a licence expiring at the end of
the aggregate. The total 30 days relevant remand time is applied to the aggregate. The
pink sheet must be clearly annotated that the effective release dates are on the green
sheet.
EXAMPLE 32
Prisoner was sentenced on 13 October 2011 to 5 years for a Schedule 15 offence
committed before 04/04/05. The prison allowed 60 days remand to count against this
sentence. On 8 August 2013 a further sentence of 2 years is imposed and ordered to be
consecutive to the 5 years. There is no further relevant time applicable to the 2 years. The 5
years would have been calculated on a blue calculation sheet. However, once the 2 years
is imposed an aggregate of 7 years is created for the SLED. Aggregating does not alter the
fact that the 5 year sentence must retain eligibility for parole at the half way point and
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automatic conditional release at the two thirds point. Therefore, once the SLED has been
found, the sentences must be calculated separately to find the effective PED and NPD. The
sentence with the PED is always calculated last, so that should parole be authorised
physical release can actually take place. Hence, the 2 years is calculated from the date of
first sentence – 13/10/11 to give a notional CRD and then the 5 years is calculated from the
day after that to find the effective PED and NPD:Blue Calculation Sheet
A.
Total length of sentence
From: 13/10/11
to 12/10/16
1827
Effective
PED/NPD
14/08/12 –
13/08/17 =
1826
B.
Time in custody to count
Police from:
Prison from:
Prison from:
C.
D.
E.
to:
to:
to:
=
= 60
=
Actual term (A – B)
NIL
60
1767
Parole eligibility date C – (A ÷ 2)
854
Non parole date C- (A ÷ 3)
1826
SED = number of days at C
From date of sentence
913
= 13
: 08
: 2016
PED = number of days at D
From date of sentence
12/02/2015
=
1218
NPD = number of days at E
From date of sentence
12
:
02
: 2014
1158
14/12/15
F.
= 13
:
12 : 2014
LED = number of days at F
From date of sentence
Licence expiry date C – (A ÷ 4)
=
1311
15
:
05
:
2015
Initials
Establishment
Date
HMP Here
14/10/11
HMP Here
08/08/13
Reason for variation
No of
days
SED
LED
NPD
PED
(Upon first reception after
sentence)
Further sentence
1827
13/08/16
15/05/15
13/12/14
12/02/14
2557
See green sheet
for effective SLED
14/12/15
12/02/15
Calc
Check
Green Calculation Sheet
A
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences
from DOS/ to
B
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
D
NUMBER OF
DAYS TO CRD
B ÷ 2 Rounded
up
E
DATE OF CRD
(Number of days
at D reckoned
from DOS)
Aggregate SLED
Sentence 1
5 years + 2 years
consec
7yrs
mos
days
12/10/18
2557
From 13/10/11 to 12/10/18
Notional CRD
Sentence 2
notional CRD of 2
years
PSI 13/2013
2
yrs
mos
days
731
366
12/10/12
From 13/10/11 to 12/10/13
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
60
PAGE 57
G
EFFECTIVE SLED
Latest date in C minus F
13/08/18
H
EFFECTIVE CRD notional
Latest date in E minus F
13/08/12
See blue sheet for effective PED and
NPD
Initials
Establishment
Date
HMP Here
08/08/13
Reason for variation
Further sentence
(Upon first reception after sentence)
No of
days
2557
SLED
CRD
Calc
Check
13/08/18
See blue calc
sheet for
effective PED
and NPD
Once the consecutive 2 years is imposed, the aggregate 7 years SLED is calculated on the
green sheet with the 60 days remand time applied. The notional CRD of the 2 years must
then be found on the green sheet with the 60 days remand allowed against it. A new
calculation is then carried out on the blue sheet for the 5 years starting from the day after
the notional CRD on the green sheet. No remand is applied to the new calculation on the
blue sheet as the remand has already been dealt with on the green sheet against the
notional CRD. To allow the 60 days on the new blue sheet calculation would mean a total
of 120 days would have been applied to the overall aggregate and a period of remand can
only count once to the overall sentence envelope. Care must be taken to annotate each
sheet of where the effective dates can be found. This prisoner would be eligible for
consideration for release on parole on 12/02/2015, Non Parole release on 14/12/15 on a
licence expiring on 13/08/2018.
‘New’ sentences and sentences imposed before 1 October 1992.
5.9.10 Where a ‘new’ sentence is imposed concurrently or consecutively to a sentence imposed
before 1 October 1992 advice should be sought from the sentence calculation helplines.
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Annex B
PRISON SERVICE INSTRUCTION 39/2012
OPERATIONAL GUIDANCE
PART II
Changes in circumstances
Chapter 6
PRISONERS SENTENCED AFTER RELEASE FROM AN EARLIER
SENTENCE OR RETURNED OR RECALLED TO CUSTODY
Chapter 7
UNLAWFULLY AT LARGE TIME
Chapter 8
APPEALS
Chapter 9
ADDED DAYS AWARDED
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CHAPTER 6 - PRISONERS SENTENCED AFTER RELEASE FROM AN EARLIER SENTENCE
OR RETURNED OR RECALLED TO CUSTODY
6.1
PURPOSE
6.1.1
The purpose of this chapter is to provide guidance on how to calculate the sentences of
those prisoners who are sentenced after they have been released from an earlier sentence
and/or returned or recalled to custody
6.2
Prisoners sentenced after release from an earlier sentence
6.2.1
From 14 July 2008 the courts have not had the power to impose a consecutive sentence
where a prisoner has been released from the initial custodial part of an earlier sentence,
even if the prisoner has been subsequently recalled for breach of licence and is back in
custody in respect of the first sentence when the new sentence is imposed. For this
purpose, release includes release on Home Detention Curfew, but does not include
release on temporary licence (ROTL).
6.2.2
The two sentences (licence revoke and new sentence) will, in effect, run in parallel and the
following three 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 re-released following a
review after 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;
Example 33
S1
CRD1
SLED1
Recall
S2
CRD2
SLED2
The prisoner is released on licence from the custodial part of sentence S1. A short time
later, the prisoner is recalled to prison until SLED1. At the same time, the prisoner receives
a new sentence of imprisonment. The recall and new sentence run in parallel. The release
date in respect of sentence S2 (CRD2) is later than the release date in respect of the recall
(SLED1), so CRD2 takes precedence. The prisoner will be released on licence until
SLED2.
6.2.3
If the court does impose a consecutive sentence this should be queried with the sentencing
court and a draft letter that can be used is attached at APPENDIX E.
6.2.4
If the court decline to amend the consecutive direction, the court order in the possession of
the Prison Service must be obeyed and the ‘new’ sentence calculated from the day after
the release date of the licence revoke. The prisoner must be informed and advised to seek
legal advice with a view to appealing the consecutive direction.
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6.3
Licence recalls including HDC recalls
6.3.1
This Sentence Calculation PSI does not go into detail about the re-release arrangements
for recalls as these can be found in the Recall, Review and Re-Release PSI due to be
issued in January 2013.
6.3.2
However for all recalls the original calculation must be checked in order to establish the
correct re-release date. This means that the original Orders of imprisonment and
calculation sheet(s) must be requested immediately from the establishment who last
released the prisoner. As soon as such a request is received, the documents must be faxed
to the current establishment and the hard copies of the records and warrants forwarded in
the post. The records and warrants are the current documents on which the prisoner is
being held following the revocation of the licence, hence they must be sent to the holding
establishment without delay.
6.3.3
Until this information is obtained, prisons cannot confirm that the prisoner is being held
lawfully to the correct re-release date.
6.3.4
Once the information is obtained, the re-release date must be calculated and checked.
6.3.5
Where a prisoner has been UAL following recall, the guidance set out in Chapter 7 should
be followed.
6.3.6
For Fixed Termed Recalls the 28 days to serve is calculated from date of revocation if the
prisoner is already in custody on that date. If the prisoner is not in custody on date of
revocation, the 28 days will be calculated from the date of arrest by the police following the
date of revocation. Any UAL time is added to the SLED only.
6.4
Prisoners returned to prison under Section 116 of the Powers of Criminal Courts
(Sentencing) Act 2000 (formerly section 40 of CJA 1991)
6.4.1
From 3 December 2012, the courts no longer have the power to return a person to custody
under Section 116.
6.4.2
Before 3 December 2012, the power only applied to those prisoners who were released
from sentences imposed for offences committed before 4 April 2005 and any sentence of
less than 12 months. Such prisoners were released ‘at risk’ from the date of release until
the sentence expiry date.
6.4.3
If a prisoner committed an imprisonable offence during the ‘at risk’ period of an earlier
sentence, and was subsequently convicted of that offence, a court could 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 began with the date of the order and was equal in length to the period
between the date the new offence was committed and the sentence expiry date of the
earlier sentence.
6.4.4
Where the precise date of the offence was not known by the court, but it was known that it
was committed between two dates, the later date was treated as the date of the offence for
the purposes of a section 116 order. A section 116 order did not have to be imposed
before the SED of the earlier sentence.
6.4.5
A Magistrates’ Court did not have the power to return a prisoner for a period of more than
six months but could commit the prisoner in custody, or on bail, to the Crown Court if the ‘at
risk’ period was greater than 6 months.
6.4.6
The section 116 order is treated as though it is a sentence of imprisonment imposed for an
offence committed prior to 4 April 2005 in that the length of the Section 116 determines
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which 2003 Act release scheme applies. It will commence on the day the court ordered the
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. Chapter 5 provides
more details of how sentences imposed for offences committed before 4 April 2005 interact
with other sentences subject to the different release schemes in the CJA 2003.
6.4.7
It was possible for a prisoner to be given a section 116 return as well as having been
recalled by the Secretary of State. In these circumstances the section 116 return and any
new sentence runs parallel to the recall and release cannot take place until he or she is
required to be released, or is eligible for release, in respect of each sentence;
6.4.8
For prisoners whose offences were committed on or after 30 September 1998, if the
section 116 term, together with any new sentence imposed, amounted to a term of less
than 12 months, the prisoner was automatically released on a Section 40A notice of
supervision at the half way point of the term. This notice of supervision remained in force
for a period of 3 months .
6.4.9
Although no new Section 40A notices of supervision will be created on or after 3 December
2012, existing notices that do not expire until on or after 3 December 2012 will remain in
force. Should a person breach the notice, the court will be able to impose a fine or a period
of imprisonment equal to the number of days between the date of the breach and the expiry
of the notice. Release will be at the half way point of any such term imposed and will only
be on anything extant from the original 3 months Section 40A notice of supervision.
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CHAPTER 7 - UNLAWFULLY AT LARGE TIME
7.1
General Remarks
7.1.1
When a sentenced prisoner (including a fine defaulter, a contemnor or a civil prisoner and
those serving a Detention and Training Order) 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.
7.1.2
In exceptional circumstances, it may be appropriate to allow a period spent UAL to count
towards the sentence.
Periods of UAL may only be allowed to count on the
recommendation of the Deputy Director of Custody (DDC) and where it has been approved
by Ministers. 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. Rather a
note signed by the DDC confirming the decision will be sent to the establishment. This
must be filed securely on the prisoner’s Custodial Documents File.
7.1.3
The Offender Management Public Protection Group (OMPPG) of NOMS are responsible for
handling applications for UAL time to count. Examples of what NOMS would consider
when looking at exceptional circumstances can be found at APPENDIX F of these
guidance notes. This list is not exhaustive and individual cases will be considered on their
own merit.
7.1.4
Only in very exceptional circumstances would the Justice Secretary consider allowing UAL
time that equated to more than 50% of the sentence term to count against sentence.
7.2
Calculation of the period unlawfully at large
7.2.1
The period unlawfully at large will extend all the dates of a sentence, (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. On the prisoner’s return to custody those original dates are
deferred by the days UAL.
7.3
Escapes/Absconds before 21 July 2008
7.3.1
Both the day of escape/abscond and the day of recapture will count as part of the custodial
period of the sentence for calculation purposes i.e. neither day will be time UAL.
7.4
Escapes/Absconds on or after 21 July 2008
7.4.1
The day of escape/abscond and the day of recapture will not count as part of the custodial
period of the sentence for calculation purposes i.e. both days will be time UAL.
7.4.2
Time spent in police detention following recapture is to be treated as time served toward
the custodial period of the sentence under the same principles set out above.
7.5
Failures to Return from Temporary Release prior to 21 July 2008
7.5.1
Where a prisoner has failed to return on time from a period of temporary release, and has
not been returned to custody before midnight of the due return day, the first day of UAL will
begin the following day and the last day of UAL will be the day before their return to
custody for calculation purposes.
7.6
Failures to Return from Temporary Release on or after 21 July 2008
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7.6.1
Where a prisoner has failed to return on time from a period of temporary release, and has
not been returned to custody before midnight of the due return day, that day will be treated
as the first day of UAL. The last day UAL will be the day of their return to custody for
calculation purposes.
7.6.2
In all the instances above if the prisoner considers that they should not be treated as being
UAL then they must make an application giving their exceptional circumstances.
7.7
Licence recalls
7.7.1
A prisoner whose licence has been 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.
This also applies to revocations of temporary release licences
7.7.2
As a general rule, applications for the remitting of UAL time in recall cases will be
considered by the Public Protection Casework Section (PPCS). In all other cases they will
be handled by the OMPPG. In cases of doubt, or where particular facts of the case require
it, advice on handling of applications can be made to either to PPCS or OMPPG.
7.7.3
On a FTR any UAL extends the SED or SLED but not the 28 days to be served. The 28
days is simply calculated from the first day back into custody.
7.8
Releases in error
7.8.1
Where a prisoner has been deemed to be UAL as a result of being released in error due to
an administrative error, the first day UAL will be the day after the release in error took place
and the last day will be the day before arrest/return to custody.
7.8.2
The prisoner will need to be told that the time they were released in error will be treated as
UAL time but that they can make application asking that the time count. This will then be
looked at in the usual way as described in paragraph 7.1.3 above.
7.9
Sentenced prisoners held in a foreign country pending extradition
7.9.1
A sentenced prisoner who escapes/absconds from a sentence being served in England
and Wales and is subsequently recaptured in a foreign country, including the Irish Republic,
may make an application, on return to custody in the UK, for the time spent in custody
abroad pending extradition to count as time served towards the sentence being served in
the UK. Such applications must be submitted to the Offender Management Public
Protection Group in NOMS.
7.9.2
Where the time spent in custody abroad occurred before sentence was imposed in the UK,
the prisoner is not UAL from a sentence. Therefore it is a matter for the sentencing court to
determine whether or not the time in custody abroad will be counted as time served
towards the sentence that they impose. The Prison Service cannot allow the time unless it
has been directed to count by the court.
7.10
Effect Of Being Unlawfully At Large On The Sentence(S) Being Served
Effect of being unlawfully at large on consecutive sentences
7.10.1 If a prisoner has been unlawfully at large and subsequently receives a consecutive
sentence, the sentence/aggregate 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.
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Effect on being unlawfully at large on concurrent sentences that are not single termed with
one another and run parallel to one another.
7.10.2 Where concurrent sentences are running parallel to one another, I.E. where:



the sentences were all imposed on or after 3 December 2012
the sentences are 12 months or more imposed prior to 3 December 2012 for
offences committed on or after 4 April 2005
some sentences were imposed on or after 3 December 2012 and some were
imposed before that date for offences committed prior to 4 April 2005
Some sentences are for 12 months or more imposed before 3 December 2012 for
offences committed on or after 4 April 2005 and some sentences were imposed
before 3 December 2012 for offences committed prior to 4 April 2005
The UAL time will be added to all dates of the sentences that were actually being served at
the time the prisoner went UAL.
7.10.3 In the above scenarios, if the UAL occurred from one sentence before the imposition of the
concurrent sentence, the UAL will only defer the release dates of the earlier sentence. It
must not be added to the release dates of the concurrent sentence that was imposed after
the period of UAL.
Effect of being unlawfully at large on concurrent sentences imposed before 3 December
2012 for offences committed prior to 4 April 2005
7.10.4 Such sentences were single termed with one another. If the prisoner received a concurrent
sentence that overlapped the re-calculated SED after UAL had been added, the following
applied:
(i)
(ii)
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 all the calculated release
dates.
if the prisoner received a concurrent and overlapping sentence after a period of
UAL, a net single term must be used as the calculation period (see example below).
The net single term will also determine the 2003 Act release scheme. The release
dates calculated must then be extended by the period UAL.
Example 34
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
(ii)
S1
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ARD
SED1
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):
UAL
ARD
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sentence profile after new 12 month concurrent sentence imposed on 31 July 2001
(one month after recapture):
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 net 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).
7.11
Absconders from other UK jurisdictions
7.11.1 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.
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CHAPTER 8 - APPEALS
8.1
General Remarks
8.1.1
An appeal can result in an increase as well as a decrease in sentence length.
8.2
Effect of a quashed sentence or conviction on remand time for other matters
8.2.1
Where the appeal court quashes a sentence or conviction any remand time for separate
charges that was being served at the same time as the sentence BEFORE the appeal took
place is still considered to be remand time served at the same time as a sentence and
cannot be considered as relevant time to count towards any subsequent sentence imposed
for those separate charges. The quashing of a sentence is not retrospective.
8.3
Crown Court Appeal
8.3.1
Crown Courts hear all cases on appeal from the magistrates’ or youth court afresh and
such cases represent a completely new hearing.
8.3.2
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).
8.3.3
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:
(a)
(b)
(c)
(d)
determine the number of days in the sentence imposed by the Crown Court,
reckoned from the date of the determination of the appeal;
deduct any relevant remand/tagged bail time applicable to the original sentence;
deduct the term already served from the date of the original sentence, unless the
Court orders otherwise , in which case deduct only the period specified by the Court;
calculate the appropriate release dates on the balance of the sentence.
8.4
Court of Appeal (Civil and Criminal Divisions)
8.4.1
These courts hears appeals against sentence and judicial reviews in respect of decisions
taken in respect of a prisoner (for example the prisoner may claim that the prison have
wrongly calculated the sentence).
8.4.2
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.
8.4.3
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 for advice on the
calculation.
8.4.4
Where a custodial sentence is substituted for a non custodial sentence, the custodial
sentence will run from the date that the original non custodial sentence was imposed
unless the appeal court directs that it should start to run from a later date. .
8.4.5
Where the Court of Appeal orders a re-trial, the re-trial is considered to be part of the court
of appeal process. Therefore, any new sentence imposed at the re-trial will start from the
original Crown Court sentence date.
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8.5
Supreme Court
8.5.1
An appeal to the Supreme Court must involve a fundamental point of law. Such cases are
comparatively rare. A Supreme Court judgment has the same effect, for the purposes of
sentence calculation, as a judgment in the Court of Appeal as described above.
8.6
Time spent on bail pending appeal
8.6.1
Time spent on bail pending appeal does not count towards the sentence.
For example:
Prisoner is sentenced to 4 years on 12/08/13 then on 30/12/13 the prisoner’s appeal is
heard and a re-trial is ordered. Pending the re-trial the prisoner is bailed on 30/12/2013.
The re-trial is heard in the Crown Court and on 03/03/14 and sentenced to 3 years 6
months. When calculating this sentence the 3 years 6 months will run from the date of the
original sentence, 12/08/13. Then all dates, as calculated, must be deferred by the 62 days
spent on bail not to count.
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CHAPTER 9 - ADDITIONAL DAYS AWARDED (ADAs)
9.1
General Remarks
9.1.1
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. ADAs will be added to all
release dates except the SED/SLED. The imposition of ADAs cannot take the release date
or licence expiry date beyond the end of the sentence (SED/SLED).
9.1.2
ADA’s cannot be given to prisoners serving terms in default (fines or confiscation orders) or
to civil prisoners where the warrant of commitment was issued on or after 4 April 2005.
9.2
Remitting ADAs
9.2.1
A prisoner may have ADAs remitted (RADAs), or adjudications for which they have
received punishments of ADAs quashed. In such cases all release dates affected by the
ADAs will be reduced by the number of days remitted/quashed.
9.3
ADAs Awarded Prior to 2 October 2000
9.3.1
ADAs awarded prior to 2 October 2000 were awarded by a Governor. ADAs awarded on or
after that date may only be awarded by an Independent Adjudicator as per the decision
made by the European Court of Human Rights. Therefore, any ADAs that were awarded by
a Governor on or after 2 October 2000 are invalid and must not be applied to any
calculation. ADAs awarded by the Governor BEFORE 2 October 2000 remain valid and
should be applied to the sentences in the same way that ADAs awarded by an Independent
Adjudicator are applied as per the following guidance.
9.4
ADAs and Single sentences imposed on or after 3 December 2012 or single
sentences of 12 months or more imposed before that date for offences committed on
or after 4 April 2005
9.4.1
For single sentences imposed on or after 3 December 2012 and any sentences of 12
months or more imposed before 3 December 2012 for offences committed on or after 4
April 2005, ADAs may only be applied to the CRD/ARD (and PED in the case of extended
sentences imposed under section 226A or 226B and those extended sentences imposed
under section 227/228 prior to 14 July 2008). They cannot extend the release date beyond
the SLED/SED.
9.5
ADAs and sentences/single terms imposed prior to 3 December 2012 for offences
committed before 4 April 2005 and sentences/single terms comprising sentences of
less than 12 months imposed before 3 December 2012
9.5.1
Sentences imposed prior to 3 December 2012 for offences committed before 4 April 2005
and sentences of less than 12 months imposed prior to 3 December 2012 form single terms
with one another and ADAs will be applied to the ARD/CRD/PED/NPD/LED of the single
term. They cannot extend the dates beyond the SED. Therefore ADAs are not applied to
the SED.
9.6
ADAs and Concurrent sentences that run parallel to one another
9.6.1
Where there are concurrent sentences that run parallel to one another that do not form a
single term with one another:
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Where all the sentences were 12 months or more imposed before 3 December
2012 for offences committed on or after 4 April 2005
Where sentences are imposed on or after 3 December 2012 concurrent to
sentences imposed before 3 December 2012 for offences committed before 4 April
2005.
Where there are sentences/single terms imposed before 3 December 2012 for
offences committed prior to 4 April 2005 or sentences/single terms comprising
sentences of less than 12 month imposed prior to 3 December 2012 that are
concurrent to sentences of 12 months or more imposed prior to 3 December 2012
for offences committed on or after 4 April 2005


Any ADAs awarded during the currency of any of the concurrent and overlapping
sentences will defer the overall effective ARD/CRD/NPD/PED. (I.E. any ADAs will affect
ALL effective release dates except the SLED).
Example 35
sentence imposed before 3/12/12
S1
CRD1
sentence imposed after 3/12/12
S2
CRD2
ADAs
imposed
ADAs will defer CRD2 as that is the latest release date produced by the concurrent
sentences.
EXAMPLE 36
O/C
Pre 04/04/05
imposed before 3/12/12
S1
CRD1
LED1
SED1
imposed after 3/12/12
S2
CRD2
SLED2
ADAs
imposed
ADAs will defer CRD2 and LED 1 but not SED 1 or SLED 2
9.6.2
N.B. For Concurrent Sentences Imposed on Different Occasions, care must be taken
where a sentenced prisoner is given ADAs and commences serving the ADAs before a
further sentence is imposed. The sentences will be calculated in the usual way but the
resultant effective release dates, (except the SED/SLED), will be deferred by the balance of
ADAs that were left to serve at the point that the new sentence was imposed.
9.7
ADAs and Consecutive Sentences
9.7.1
Where sentences/single terms are consecutive to one another, the sentences form an
aggregate. Any ADAs awarded during the custodial periods of any part of the aggregate will
defer the effective ARD/CRD/NPD/PED produced by the aggregate. This means that
RADAs may be considered at any point within the custodial periods of the aggregate.
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9.8
ADAs and Existing Prisoners (EPs)
9.8.1
For those prisoners sentenced before 1 October 1991, ADAs will not change the PED, but
such punishments must be notified to the Parole Board immediately so that any approved
parole date may reflect the ADAs.
9.8.2
Further information on adjudications and added days may be found in PSI 47/2011 –
Prisoner Discipline Procedures.
9.9
Prospective Additional Days (PADAs)
9.9.1
A prisoner on remand may be awarded PADAs. Should the prisoner subsequently receive
a custodial sentence to which the remand time is applied, the release dates of that
sentence will be deferred by the number of PADAs.
9.9.2
Where sentence was imposed prior to 3 December 2012 for an offence committed on or
after 4 April 2005, the court had the authority for directing how much remand was to be
applied to the sentence, but they also had a discretion to not count remand time if there
was a good reason for them not to. Any PADAs awarded during a period of remand to
custody that the court decided NOT to allow to count against a sentence should still be
applied to the sentence, because although the remand time has been directed NOT to
count, the court HAVE taken the remand time into consideration against the sentence they
have imposed. Therefore the PADAs can still be applied to that sentence.
9.9.3
Where a prisoner is deemed to have served his sentence on remand but there are PADAs
to be taken in to account, the sentence is first calculated without remand time being
applied. The number of PADAs must then be added to the number of days to the release
date to find the total number of days in the custodial period required to be served. Enough
remand time is then deducted to clear that number of days.
EXAMPLE 37
A prisoner has been on remand for 25 days, and then receives a 42 day sentence. 7
PADAs were awarded during the period of remand. The release date of the 42 day
sentence would be after 21 days (at the half way point), but with the 7 PADAs the required
custodial term of the sentence would be 28 days. Therefore, once the 25 days remand has
been applied the prisoner’s release date is 3 days after being sentenced.
9.10
ADAs and Periods of Licence Revoke
9.10.1 Where a licence revoke has resulted in all release dates being the SED/SLED, ADAs
cannot be actioned against the period of revoke as they cannot extend the release dates
beyond the end of the sentence.
Fixed Term Recalls (FTRs).
9.10.2 Where a prisoner is serving a FTR, ADAs awarded during the FTR will be applied by the
prison to defer the re-release date, but cannot extend the re-release date beyond the
SED/SLED
Standard Recall – Parole Board Recommend Immediate Release, or a Re-Release Date in
the Future
9.10.3 Any ADAs awarded during the period of revoke before the Board make a recommendation
must be brought to the attention of the Board so that they can be taken into account when
the decision whether or not to recommend re-release is made. If the Board indicate that the
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ADAs have been taken into account and have affected the re-release date set, then the
Prison Service must not extend that re-release date by the ADAs. If the Parole Board
indicate that the ADAs have not affected the re-release date they have set, then the Prison
Service must extend that date by any relevant ADAs.
9.10.4 The Prison Service must apply any ADAs awarded AFTER the Board have set the future
re-release date and extend all dates except the SED/SLED.
HDC Recall (Section 255 or Section 38A).
9.10.5 Where a prisoner has been recalled for breaching the HDC conditions the prison will apply
the ADA’s and defer all re-release dates apart from the SED/SLED in the usual way.
9.11
RADAs and Periods of Licence Revoke
9.11.1 Only ADA’s that have not yet been served may be remitted. Any ADA’s awarded before
release on licence originally took place (i.e. before the NPD/CRD/ARD or release on
parole) cannot be remitted during the period of licence revoke as the ADAs have already
been served before the original release took place. This means that only those ADAs
awarded during the period of the licence revoke may be remitted.
9.12
Further information on ADAs and RADAs
9.12.1 Further information on the adjudication process and timescales in relation to applications
for restoration of added days (RADAs) can be found in PSI 47/2011 – Prisoner Discipline
Procedures.
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Annex C
PRISON SERVICE INSTRUCTION 39/2012
OPERATIONAL GUIDANCE
PART III
SPECIAL CATEGORIES OF CASES
Chapter 10
Prisoners Transferred from other Jurisdictions
Chapter 11
Extended Sentences
Chapter 12
Courts Martial
Chapter 13
Special Remission
Chapter 14
Young Offenders
Chapter 15
Detention and Training Orders
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CHAPTER 10 - PRISONERS TRANSFERRED FROM OTHER JURISDICTIONS
10.1
General remarks
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.
The International Criminal Court, the International Criminal Tribunal for the Former
Yugoslavia and the Special Court for Sierra Leone under the International Criminal
Court Act 2001 and the International Tribunals (Sierra Leone) Act 2007.
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.
Credit must, however, be given for any time spent in custody (including police detention)
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 Cross Border Transfer Section must be consulted before release dates of restricted
transferees are adjusted following the imposition, or remittance, of additional days awarded.
They do not need to be consulted for the calculation of days unlawfully at large.
10.2.6 The current release arrangements in the other UK jurisdictions and the Islands are as
follows:
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Scotland
Prisoners sentenced to 4 years and over (including extended sentences of 4 years or more)
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.
Prisoners serving sentences for sexual offences or extended sentences of less than 4
years are released automatically at the halfway point of their sentence and are on licence to
the end of their sentence.
Northern Ireland
All determinate sentenced prisoners serving less than 12 months imprisonment will be
released automatically with no licence after serving half of the sentence.
Prisoners whose offences were committed before 1 April 2009 and are sentenced to more
than 12 months imprisonment will be released automatically with no licence after serving
half the sentence.
Prisoners whose offences were committed on or after 1 April 2009 and are sentenced to
more than 12 months will receive a Determinate Custodial Sentence (DCS). DCS
sentences mean that a prisoner will be automatically released at the custodial expiry date
(CED) after serving a specified period in custody and then remain on licence until the
sentence and licence expiry date. A court will set the custodial period and the custodial
element cannot exceed 50% of the total sentence.
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 15 months or more are eligible for consideration for release on parole
licence once they have served one third of their sentence.
Isle of Man
Prisoners serving less than 12 months are released unconditionally at the halfway point.
Prisoners serving 12 months but less than 4 years are released at the halfway point, on
licence to the ¾ point, and then have an SED
Prisoners serving 4 years or more have a PED at the halfway point, a non-parole release
date at the 2/3 point. Release will be on licence to the ¾ point and they have an SED
All prisoners are “at risk” of return by the court if they commit a new offence before their
SED.
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10.3
PAGE 75
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 Belmarsh, Wandsworth or
Holloway Prison following their arrival in this country, are calculated by the Cross Border
Transfer Section at NOMS 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 as if the term specified in the warrant was a
sentence imposed by a court in England and Wales.
10.3.3 Prisoners serving terms in the UK of 4 years or more imposed for offences committed prior
to 4 April 2005 (not subject to conversion) will be automatically released after serving twothirds of the term ; 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. Such 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 Prisoners serving terms in the UK relating to:



Sentences imposed on or after 03/12/2012
Sentences of 12 months or more imposed prior to 03/12/2012 for offences
committed on or after 04/04/05
Sentences of 4 years or more imposed prior to 03/12/2012 for offences committed
before 04/04/05 that were subject to ‘conversion’.
Will be eligible for automatic release once they have served half of the term to be served in
the UK and will remain on licence until they have served the complete 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 Crime (International Co-operation) Act 2003
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. Credit must be given for any
time spent in custody (including police detention) 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.
PSI 13/2013
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10.6
PAGE 76
Transfers from the International Criminal Courts
10.6.1 The International Criminal Court Act 2001 and the International Tribunals (Sierra Leone)
Act 2007 allows the UK to enforce the sentences of prisoners sentenced by the
International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia
and the Special Court for Sierra Leone. The number of prisoners that have been and will be
transferred into England and Wales are very small and it will be for the Cross Border
Transfer Section to provide the sentence calculation and to provide these to the receiving
prison. In all cases the prisoners can only be released or transferred by the President of the
sentencing international court and under no circumstances can a prisoner be released by
any authority in the UK.
10.7
Queries about transferred prisoners
10.7.1 Any queries relating to the sentence calculation of transferred prisoners should be directed
to the Cross Border Transfer Section at NOMS headquarters;
Offender Safety, Rights & Responsibilities Group
National Offender Management Service
Post Point 4.16,
4th Floor, Clive House
70 Petty France
London
SW1H 9EX
Telephone: 0300 047 5691/5696/5692/5694
Fax: 0300 047 6857
PSI 13/2013
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PAGE 77
CHAPTER 11 - EXTENDED SENTENCES
11.1
General remarks
11.1.1 An extended sentence may be passed on an offender convicted of violent or sexual
offences
11.1.2 For those offenders convicted on or after 3 December 2012 the extended sentence will
be imposed under Section 226A (for offenders aged 18 or over) or Section 226B (for
offenders aged under 18). These sentences are known as Extended Determinate
Sentences (EDS)
11.1.3 For those offenders convicted before 3 December 2012, the following extended
sentences will have been imposed:



Section 227 for offences committed on or after 04/04/05 where the custodial period
is one of 12 months or more for offenders aged 18 years or over on conviction
Section 228 for offences committed on or after 04/04/05 where the custodial period
is one of 12 months or more for offenders aged under 18 years on conviction
Section 85 (previously known as section 58) where the offences were committed on
or after 30/09/98 but prior to 04/04/05, or the custodial period was less than 12
months
11.1.4 Irrespective of under which Section the extended sentences above are imposed, the
sentence will comprise of two parts, the custodial period and the extension period. The total
extended sentence length is the aggregate of both.
11.1.5 For those offenders convicted prior to 3 December 2012 in respect of offences committed
prior to 30 September 1998, the court could apply the powers of Section 86 of the Powers
of Criminal Courts (sentencing) Act 2000 (previously known as section 44) to the sentence.
The sentence was calculated as a sentence imposed prior to 3 December 2012 for
offences committed prior to 4 April 2005 (on a blue or pink calculation sheet – See Chapter
5 for more details), but the LED at the three-quarter point was deferred to the SED so that
release was on licence to the end of the sentence.
11.2
Calculation of Extended Sentences (EDS) Imposed Under Section 226A or 226B
11.2.1 Where the custodial period is one of less than 10 years and the offence is not a specified
offence on Schedule 15B of the CJA 2003, automatic release will be at the two thirds
point of the custodial period on a licence expiring at the end of the whole extended
sentence.
11.2.2 Where the custodial period is one of less than 10 years, but the sentence is for an offence
listed on Schedule 15B, OR the custodial period is one of 10 years or more, irrespective of
the offence, release will be automatic at the end of the custodial period with eligibility for
consideration for parole at the two thirds point of the custodial period. Release will be on a
licence expiring at the end of the whole extended sentence.
11.2.3 The calculation sheet at APPENDIX B must be used.
EXAMPLE 38
Prisoner is convicted on 17 December 2012 and sentenced on 21 January 2013 to an 8
year extended sentence comprising a custodial period of 4 years and an extension period
of 4 years. The offence was not a Schedule 15B offence. There were 70 remand days and
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PAGE 78
20 tagged bail days to count towards the sentence. The calculation sheet would be set out
as follows:Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
21/01/2013
8 years comprising 4 years
custodial period + 4 years
extension period
Number of days
Sentence
A
Total length of sentence
From 21/01/2013
(DOS)
B
to 20/01/2021
(end of Ext period)
2922
SLED = number of days at A
from date of sentence
=
20
: 01
: 2021
1461
CRD = number of days at B
From date of
sentence
Length of custodial part of sentence
From 21//01/2013
(DOS)
to 20/01/2017
(end of custodial period)
=
:
:
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
PED/CRD = number of days at C
From date of sentence
B – (B ÷ 3 rounded down )
974
NB PED ONLY applies where there is a CRD at B
=
21
:
09
: 2015
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ____________ = 70
From ______________ to ____________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
90
E
SLED
Date at A minus
D
22/10/2020
F
CRD
Date at B minus
D
G
PED/CRD
Date at C minus
D
23/06/2015
From ______________ to ____________ =
Tagged bail time directed by court =
20
EXAMPLE 39
Prisoner is convicted on 17 December 2012 and sentenced on 21 January 2013 to an
extended sentence of 18 years comprising a custodial period of 12 years and an extension
period of 6 years. There were 50 days relevant remand time to count. The calculation sheet
would be set out as follows:-
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 79
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
21/01/2013
18 years comprising 12 years
custodial period + 6 years
extension period
Number of days
Sentence
A
Total length of sentence
From 21/01/2013
(DOS)
to 20/01/2031
(end of Ext period)
SLED = number of days at A
from date of sentence
6574
=
B
Length of custodial part of sentence
: 01
: 2031
CRD = number of days at B
From date of
sentence
4383
From 21/01/2013
(DOS)
20
to
20/01/2025
(end of custodial period)
=
20
:
01
; 2025
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
PED/CRD = number of days at C
From date of sentence
B – (B ÷ 3 rounded down )
2922
NB PED ONLY applies where there is a CRD at B
=
20
:
01
: 2021
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ___________ =
From ______________ to ___________ =
50
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
50
E
SLED
Date at A minus
D
01/12/2030
F
CRD
Date at B minus
D
01/12/2024
G
PED/CRD
Date at C minus
D
01/12/2020
From ______________ to ___________ =
Tagged bail time directed by court =
EXAMPLE 40
Prisoner is convicted on 17 December 2012 and sentenced on 21 January 2013 to an
extended sentence of 10 years comprising a custodial period of 5 years and an extension
period of 5 years imposed for a Schedule 15B offence. There are 30 days tagged bail to
count. The calculation sheet would be set up as follows:
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 80
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
21/01/2013
10 years comprising 5 years
custodial period + 5 years
extension period Schedule 15B
offence
Number of days
Sentence
A
Total length of sentence
From 21/01/2013
(DOS)
to 20/01/2023
(end of Ext period)
SLED = number of days at A
from date of sentence
3652
=
B
Length of custodial part of sentence
21/01/2013
:
01
: 2023
CRD = number of days at B
From date of
sentence
1826
From
(DOS)
20
to 20/01/2018
(end of custodial period)
=
20
:
01
; 2018
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
B – (B ÷ 3 rounded down )
PED/CRD = number of days at C
From date of sentence
1218
NB PED ONLY applies where there is a CRD at B
=
22
:
05
: 2016
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to _______________ =
From ______________ to ______________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
30
E
SLED
Date at A minus
D
21/12/2022
F
CRD
Date at B minus
D
21/12/2017
G
PED/CRD
Date at C minus
D
22/04/2016
From ______________ to _______________ =
Tagged bail time directed by court =
11.3
30
Multiple Extended Determinate Sentences
Extended Determinate Sentences Concurrent to one another.
11.3.1 Where Extended Determinate Sentences are concurrent to one another they are calculated
separately and run parallel to one another. Release will be on the latest release date
produced by all the concurrent sentences and will be on a licence expiring on the latest
SLED. Providing there has been no release from one sentence before the next is imposed,
any remand time that is relevant to any of the concurrent sentences will be applied to the
latest release dates.
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PAGE 81
Extended Determinate Sentences Consecutive to one another
11.3.2 Where Extended Determinate Sentences are consecutive to one another, they will be
aggregated. If none of the sentences have a PED, the whole sentences are aggregated for
the SLED and then the custodial periods are aggregated to find the CRD.
11.3.3 N.B. Extended Determinate Sentences that do not have PEDs keep their automatic CRD at
the two thirds point of their custodial period, even when they are consecutive to other
Extended Determinate Sentences and the aggregate custodial period becomes one of 10
years or more. Aggregation does not tip a non parole EDS into the parole process.
For example:

On 4 January 2013 a prisoner received an EDS of 7 years comprising a 5 year
custodial period and a 2 year extension period and a consecutive EDS of 10 years
comprising a custodial period of 6 years and an extension period of 4 years. Neither
EDS was for a Schedule 15B offence. There were 50 remand days to count as time
served.
Each EDS has a custodial period of less than 10 years and as neither one is
imposed for a Schedule 15B offence, they retain the automatic CRD at the two
thirds point. They are not tipped in to the parole process even though the aggregate
of the custodial periods comes to 11 years. The release dates would be as follows:-
Days in the aggregate of the whole sentences (17 years) from 04/01/2013
04/01/2013 to 03/01/2030
=
6209
=
03/01/2030
SLED
Days in the aggregate of the custodial periods (11 years) from 04/01/2013
04/01/2013 to 03/01/2024
=
4017
Days to CRD 4017 – (4017 ÷ 3)
=
2678
=
04/05/2020
CRD
Applying the 50 days remand to the above calculated dates would give effective
release dates of:SLED
14/11/2029
CRD
15/03/2020
11.3.4 If all of the EDSs have a PED, the whole sentences are aggregated for the SLED and then
the custodial periods are aggregated to find the PED and CRD.
For example:
On 4 January 2013 a prisoner receives an EDS of 6 years comprising a custodial
period of 3 years and an extension period of 3 years for a Schedule 15B offence
and a consecutive EDS of 14 years with a custodial period of 10 years and an
extension period of 4 years.
Days in the aggregate of the whole sentences (20 years) from 04/01/2013
04/01/2013 to 03/01/2033
PSI 13/2013
=
UNCLASSIFIED
7305
=
03/01/2033
SLED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 82
Days in the aggregate of the custodial periods (13 years) from 04/01/2013
04/01/2013 to 03/01/2026
=
4748
=
03/01/2026
CRD
Days to PED 4748 – (4748 ÷ 3)
=
3166
=
04/09/2021
PED
11.3.5 Where one of the sentences has a PED and one doesn’t, the whole sentences are
aggregated for the SLED, but then the custodial periods must be calculated separately to
find the effective PED and CRD. The custodial period of the sentence that doesn’t have a
PED will be calculated first to find the notional CRD. The custodial period of the sentence
with the PED is then commenced from the day after the notional CRD of the first to find the
effective PED and CRD. The non PED sentence is always calculated first even if the
court makes that the consecutive sentence. This approach applies whether the
sentences are imposed on the same date, or on different dates to one another, as long as
there has been no release from the custodial period of the first sentence before the next
sentence is imposed.
For example:
On 4 January 2013 a prisoner receives an EDS of 15 years comprising a custodial
period of 10 years and an extension period of 5 years. There are 50 remand to
custody days and 20 tagged bail days to count towards this sentence. On 7 May
2013 the prisoner receives a further EDS of 6 years with a custodial period of 3
years and an extension period of 3 years. This sentence is ordered to be
consecutive to the earlier sentence.
The calculation sheet would be set up as follows:-
PSI 13/2013
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PAGE 83
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
04/01/2013
15 years comprising 10 years
custodial period + 5 years
extension period
07/05/2013
6 years comprising 3 years
custodial period + 3 years
extension period (NOT schedule
15B) CONSECUTIVE
Number of days
Sentence
A
B
Total length of sentence
21 year aggregate
From
04/01/2013 to 03/01/2034
(DOS)
(end of Ext period)
Length of custodial part of sentence
3 years
From 04/01/2013
to 03//01/2016
(DOS)
(end of custodial period)
10years
From 04/01/2015 to 03/01/2025
3
years
Days to PED/ CRD
B – (B ÷ 3 rounded down )
CRD = number of days at B
From date of sentence
1095
=
For 10 years
from start date
– 04/01/2015
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
SLED = number of days at A
from date of sentence
= 03
: 01
: 2034
7670
:
;
10 years CRD from start date
04/01/2015
03/01/2025
3653
3 years
notional
CRD
NB PED ONLY applies where there is a CRD at B
For 10 years
from start date
- 04/01/2015
PED/CRD = number of days at C
From date of sentence
3 years notional CRD
= 03/
:
01
:2015
730
2436
10 years PED from start date
04/01/2015
04/09/2021
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ____________ = 50
From ______________ to ____________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
70
E
SLED
Date at A minus
D
25/10/2033
F
CRD
Date at B minus
D
25/10/2024
G
PED/CRD
Date at C minus
D
26/06/2021
From ______________ to _____________ =
Tagged bail time directed by court =
PSI 13/2013
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UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
11.4
PAGE 84
Calculation of Extended Sentences Imposed under Section 227/228
Section 227/228 sentences imposed on or after 14 July 2008
11.4.1 If the sentence was imposed on or after 14 July 2008 the prisoner will be eligible for
conditional release at the half way point (CRD) of the custodial term. On release the
prisoner will be on licence to the extended SLED.
11.4.2 The grey calculation sheet at APPENDIX B would be used.
Example 41
A prisoner received an extended sentence of 6 years comprising a custodial period of 4
years and an extension period of 2 years. The sentence was imposed on 3 November
2009. No remand/tagged bail was directed to count by the court
Total sentence is 6 years and runs from 03/11/09 to 02/11/15
SLED =02/11/15
Custodial period is 4 years from 03/11/09 to 02/11/13
CRD = 03/11/11
EXTENDED SENTENCE Imposed under Section 227or 228 on or after 14/07/08
Cases
Dates
Offence
committed
Sentence or order made
Sentence
03/11/2009
6 years
4 years custodial period
2 years extension period
Number of days
Sentence
A
Total length of sentence
From 03.11.2009 to 02.11.2015
(DOS)
(end of Ext period including
the whole of any consec
SDS)
B
Number of days relevant
Remand ordered by the
Court
C
D
Days to SLED (A – B)
2191
NIL
2191
SLED = number of days at C
from date of sentence
=
02 : 11 : 2015
Length of custodial part of sentence
From 03.11.2009 to 02.11.2013
(DOS)
(end of custodial term
including the whole of
any consec SDS)
1461
E
Effective custodial term (D – B)
1461
F
Days to Conditional Release Date
E – (D ÷ 2)
1461 – 730
PSI 13/2013
CRD = number of days at F
From date of sentence
731
=
UNCLASSIFIED
03
:
11
: 2011
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
11.5
PAGE 85
Section 227/228 sentences imposed prior to 14 July 2008
11.5.1 If the sentence was imposed before 14 July 2008 the prisoner will be eligible for
consideration for release on 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 CRD at the end of the custodial period. If parole is
not granted the prisoner will be released at the CRD, once the custodial period has been
served in full. On release the prisoner will be on licence to the extended SLED.
11.5.2 The yellow calculation sheet at APPENDIX B would be used
Example 42
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
SLED =
18/08/2019
Custodial period is 6 years from 19/08/05 to 18/08/2011
CRD =
18/08/2011
PED =
18/08/2008
Release may take place between 18 August 2008 and 18 August 2011 by recommendation
from the Parole Board only. If no recommendation is made, release must take place on 18
August 2011. On release the licence will run to the SLED.
Extended Sentence imposed under Section 227/228 BEFORE 14/07/08
Cases
Dates
Offence
committed
Sentence or order made
Sentence
19.08.2005
14 years extended sentence
6 years custodial
8 years extension period
Number of days
Sentence
A
Total length of sentence
From 19.08.2005 to 18.08.2019
(DOS)
(end of Ext period)
B
Number of days relevant
Remand ordered by the
Court
C
Days to SLED (A – B)
D
5123
5123
SLED = number of days at C
from date of sentence
=
18 :
08 : 2019
Length of custodial part of sentence
2191
From 19.08. 2005 to 18.08.2011
(DOS)
(end of custodial period)
E
CED = number of days at E
from date of sentence
Days to Custody End Date (D – B)
2191
=
18 :
08
: 2011
PED = number of days at F
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
F
Days to Parole Eligibility Date
E – (D ÷ 2)
2191 – 1095
11.6
PAGE 86
From date of sentence
1096
=
18 :
08 : 2008
Calculation of Section 85 extended sentences
11.6.1 The dates will be calculated on the calculation sheet relevant to the length of the custodial
period (I/E/ a white/pink or blue sheet, as though the custodial period was a sentence
imposed before 3 December 2005 for an offence committed before 4 April 2005 – see
Chapter 5 for more details) as follows:i).
calculate the release dates (i.e. ARD or CRD/LED/SED for custodial periods of less
than 4 years; PED/NPD/LED/SED for 4 years or over)
ii).
add the extension period to the LED and SED dates to produce the LED and SED
for the extended sentence.
11.6.2 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 43
On 1 April 2005, a prisoner was given a 10 year section 85 extended sentence, comprising
an 8 year custodial term and a 2 year extension period. There was no remand/tagged bail.
In respect of the custodial term, the PED, NPD, LED and SED are at the half-way, twothirds, three-quarters and end points respectively, as usual. The 2 year extension period
must then be added to the LED and SED, see below:
S
PED
NPD
`normal’
LED
‘normal’
SED
Extended
LED
Extended
SED
This gives the following dates in respect of the 10 year extended sentence:
PED
NPD
11.7
31/03/09
31/07/10
LED
SED
01/04/13
31/03/15
Interaction of Section 226A/Section 226B EDS with a Standard Determinate Sentence
(SDS) imposed on or after 3 December 2012
Concurrent sentences
11.7.1 Where an EDS is imposed concurrently to an SDS, the two sentences will run parallel.
Release will be on the latest release date produced by the two sentences to the latest
SLED. The EDS will be calculated on the white EDS calculation sheet at APPENDIX B and
the SDS will be calculated on the green calculation sheet at APPENDIX B. Care must be
taken to annotate each sheet to point to the effective release dates.
EXAMPLE 44
Prisoner is convicted and sentenced on 17 December 2012 to an EDS of 6 years
comprising a custodial period of 4 years and an extension period of 2 years for a non
Schedule 15B offence. On 15 February 2015 a SDS is imposed of 3 years concurrent.
There were 60 days tagged bail time directed to count. The calculation sheets would be set
out as follows:PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 87
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
17/12/2012
6 years comprising 4 years
custodial period + 2 years
extension period (NonSchedule
15B)
Number of days
Sentence
A
Total length of sentence
From 17/12/2012
(DOS)
to 16/12/2018
(end of Ext period)
SLED = number of days at A
from date of sentence
2191
=
B
to 16/12/2016
(end of custodial period)
:
12
: 2018
CRD = number of days at B
From date of
sentence
Length of custodial part of sentence
From 17/12/2012
(DOS)
16
1461
=
:
;
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
PED/CRD = number of days at C
From date of sentence
B – (B ÷ 3 rounded down )
974
NB PED ONLY applies where there is a CRD at B
=
17
:
08
: 2015
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to _______________ =
From ______________ to ______________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
60
E
SLED
Date at A minus
D
F
CRD
Date at B minus
D
17/10/2018
From ______________ to ______________ =
Tagged bail time directed by court =
G
PED/CRD
Date at C minus
D
18/06/2015
See other sheet
for effective
CRD
60
Green Calculation Sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence
3 yrs
PSI 13/2013
mos
days
B
NUMBER OF
DAYS IN
SENTENCE
1096
C
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
14/02/2018
UNCLASSIFIED
D
NUMBER OF
DAYS TO CRD
E
DATE OF CRD
(Number of days at D
reckoned from DOS)
B ÷ 2 Rounded
up
548
15/08/2016
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 88
1
From 15/02/2015 to 14/02/2018
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
60
G
EFFECTIVE SLED
Latest date in C minus F
16/12/2017
See other sheet for SLED
H
EFFECTIVE CRD
Latest date in E minus F
16/06/2016
The green calc sheet provides the later release date but the EDS provides the latest SLED.
Therefore release will be on 16/06/2016 on a licence expiring on 17/10/2018.
EXAMPLE 45
Prisoner convicted and sentenced on 17 December 2012 to an EDS of 15 years comprising
10 years custodial period and a 5 year extension period. On 10 May 2017 a SDS of 8 years
concurrent is imposed. There was no remand/tagged bail relevant to either sentence. The
calculation sheets would be set up as follows:Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
17/12/2012
15 years comprising 10 year
custodial period + 5 year
extension period
Number of days
Sentence
A
Total length of sentence
From 17/12/2012
(DOS)
to 16/12/2027
(end of Ext period)
SLED = number of days at A
from date of sentence
5478
=
B
Length of custodial part of sentence
:
12
: 2027
CRD = number of days at B
From date of
sentence
3652
From 17/12/2012
(DOS)
16
to 16/12/2022
(end of custodial period)
=
16
:
12
; 2022
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
PED/CRD = number of days at C
From date of sentence
B – (B ÷ 3 rounded down )
2435
NB PED ONLY applies where there is a CRD at B
=
17
:
08
: 2019
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to _______________ =
From ______________ to ______________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
NIL
From ______________ to ______________ =
PSI 13/2013
UNCLASSIFIED
E
SLED
Date at A minus
D
16/12/2027
F
CRD
Date at B minus
D
16/12/2022
G
PED/CRD
Date at C minus
D
17/08/2019
If parole granted
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 89
– check green
calc sheet for
CRD
Tagged bail time directed by court =
Green Calculation Sheet
Sentence
1
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
B
NUMBER OF
DAYS IN
SENTENCE
8 yrs
2922
mos
days
C
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
09/05/2025
D
NUMBER OF
DAYS TO CRD
B ÷ 2 Rounded
up
1461
E
DATE OF CRD
(Number of days at D
reckoned from DOS)
09/05/2021
From 10/05/2017 to 09/05/2025
Sentence
2
yrs
From
mos
days
to
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
NIL
G
EFFECTIVE SLED
Latest date in C minus F
09/05/2025
See other sheet for SLED
H
EFFECTIVE CRD
Latest date in E minus F
09/05/2021
If no Parole on EDS – EDS has effective
CRD
If parole were to be authorised in respect of the EDS, release could not take place before
the CRD of the SDS on the green sheet – 09/05/2021. If parole was refused on the EDS
then release could not take place until the CRD of the EDS – 16/12/2022 – as that is later
than the CRD of the SDS – 09/05/2021. Release would be on a licence expiring at the later
SLED – that being the SLED of the EDS – 16/12/2027.
Consecutive sentences
11.7.2 Where an EDS and a SDS are imposed consecutively to one another, the two sentences
will be aggregated. The SLED will be at the end of the aggregate. Release will be after the
aggregate of either:

half of the SDS + two thirds of the custodial period of the EDS or,
half of the SDS + the whole of the custodial period of the EDS with parole eligibility
after half of the SDS + two thirds of the custodial period of the EDS.
11.7.3 Once the SLED has been calculated at the end of the aggregate, the sentences would
have to be separated to find the effective CRD/PED which will require a green calculation
sheet and an EDS calculation sheet.
11.7.4 N.B. Any remand to custody time and tagged bail time is deducted once the overall release
dates have been calculated.
EXAMPLE 46
A prisoner is convicted and sentenced on 17 December 2012 to 3 years SDS with an EDS
of 8 years comprising a custodial period of 4 years and an extension period of 4 years
consecutive for a non schedule 15B offence. There are 45 days remand time to be
credited. The calculation sheets would be set up as follows:-
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 90
Green Calculation Sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence
1
11 yrs
mos
B
NUMBER OF
DAYS IN
SENTENCE
Aggregate of
EDS + SDS
4017
days
C
D
NUMBER OF
DAYS TO
CRD
DATE OF SLED
(Number of days
at B reckoned
from DOS)
E
DATE OF CRD
(Number of days at D
reckoned from DOS)
B÷2
Rounded up
16/12/2023
From 17 12 2012 to 16/12/2023
Aggregate
of EDS +
SDS
Sentence
2
3
yrs
mos
days
1095
For SLED see
above
548
17/06/2014
From 17/12/2012 to 16/12/2015
3 years
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
G
EFFECTIVE SLED
Latest date in C minus F
16/12/2023
01/11/2023
45
H
EFFECTIVE CRD
Latest date in E minus F
17/06/2014
See EDS sheet for effective CRD
226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
WHITE SHEET
Dates
Offence
committed
Sentence or order made
Sentence
8 years comprising 4 years
custodial period + 4 years
extension period NOT schedule
15B consec to 3 years SDS
Number of days
Sentence
A
Total length of sentence
From
(DOS)
SLED = number of days at A
from date of sentence
to
(end of Ext period)
=
B
Length of custodial part of sentence
Starts day after notional CRD of 3 years SDS
From
18/06/2014
to 17/06/2018
(DOS)
(end of custodial period)
1461
:
:
CRD = number of days at B
From date of
sentence
=
:
;
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
B – (B ÷ 3 rounded down )
974
NB PED ONLY applies where there is a CRD at B
PSI 13/2013
UNCLASSIFIED
PED/CRD = number of days at C
From date of sentence
=
15
: 02
: 2017
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 91
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ___________ = 45
From ______________ to ____________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
45
From ______________ to ____________ =
E
SLED
Date at A minus
D
F
CRD
Date at B minus
D
G
PED/CRD
Date at C minus
D
See green sheet
for effective
SLED
01/01/2017
Tagged bail time directed by court =
The two sentences are aggregated for the SLED, but then they are separated to find the
effective CRD. The SLED is done on the green calc sheet by aggregating the two
sentences (11 years). When the sentences are separated out, the custodial period of the
SDS is calculated first to give a notional CRD of 17/06/2014 which means the consecutive
custodial period of the EDS commences the day after on 18/06/2014. The SLED has
already been done on the green sheet and so is not needed again on the white EDS sheet.
The custodial period of the EDS is less than 10 years and is NOT for a Schedule 15B
offence; hence it gives a CRD of 15/02/2017. Once the dates have been calculated the 45
days remand is applied. The effective CRD becomes 01/01/2017 and release would be on
licence to the effective SLED of 01/11/2023. Care must be taken to annotate each sheet to
ensure it is clear where the effective release dates are.
EXAMPLE 47
Prisoner convicted and sentenced on 28 April 2014 to an EDS of 9 years comprising a
custodial period of 5 years and an extension period of 4 years imposed for a Schedule 15B
offence. The court also ordered a SDS of 4 years to be consecutive. There was no
remand/tagged bail time.
The sentences would be aggregated to find the SLED but then separated to find the
effective PED and CRD. Where there are two sentences and one has a PED, the
sentence with the PED is always calculated last.
The calculation sheets would be set up as follows:
Green Calculation Sheet
A
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
Sentence
1
13 yrs
mos
days
B
NUMBER OF
DAYS IN
SENTENCE
Aggregate of
EDS + SDS
4748
C
DATE OF SLED
(Number of days
at B reckoned
from DOS)
D
NUMBER OF
DAYS TO
CRD
E
DATE OF CRD
(Number of days at D
reckoned from DOS)
B÷2
Rounded up
27/04/2027
From 28/04/2014 to 27/04/2027
Aggregate
of EDS +
SDS
Sentence
2
4
PSI 13/2013
yrs
mos
days
1461
UNCLASSIFIED
For SLED see
above
731
27/04/2016
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 92
From 28/04/2014 to 27/042018
4 yrs
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
Nil
G
EFFECTIVE SLED
Latest date in C minus F
27/04/2027
H
EFFECTIVE CRD
Latest date in E minus F
27/04/2016
See EDS sheet for effective PED &CRD
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order made
Sentence
9 years comprising 5 years
custodial period + 4 year
extension period for a schedule
15B offence
Number of days
Sentence
A
Total length of sentence
From
(DOS)
SLED = number of days at A
from date of sentence
to
(end of Ext period)
=
B
Length of custodial part of sentence
:
CRD = number of days at B
From date of
sentence
1826
From 28/04/2016
(DOS)
:
to 27/04/2021
(end of custodial period)
=
27
:
04
; 2021
NB CRD at B ONLY applies where the custodial period
is 10 years or more OR the custodial period is less than
10 years but the offence is a schedule 15B offence
C
Days to PED/ CRD
B – (B ÷ 3 rounded down )
PED/CRD = number of days at C
From date of sentence
1218
NB PED ONLY applies where there is a CRD at B
=
28
:
08
: 2019
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ______________ =
From ______________ to ______________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
NIL
From ______________ to ______________ =
E
SLED
Date at A minus
D
See green sheet
for SLED
F
CRD
Date at B minus
D
27/04/2021
G
PED/CRD
Date at C minus
D
28/08/2019
Tagged bail time directed by court =
Although the EDS has a custodial period of less than 10 years, it has been imposed for a
Schedule 15B offence which means it has eligibility for parole at the two thirds point of the
custodial period and CRD at the end of the custodial period if parole is not authorised. So
although the EDS is ordered to be consecutive to the SDS, because it has a PED it is
calculated last when establishing the effective PED and CRD.
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 93
The SLED will be at the end of the aggregate of 13 years – 27/04/2027 and once that has
been established the sentences are separated to find the effective PED and CRD. The
SDS is calculated first to find the notional CRD – 27/04/2016 and then the custodial period
of the EDS is commenced from the day after on 28/04/2016 to give a PED of 28/08/2019
and a CRD of 27/04/2021. Care must be taken to annotate the sheets of where to find the
effective dates.
11.8
Interaction of EDS with a Standard Determinate Sentence (SDS) imposed before
03/12/2012
11.8.1 Where the SDS is one that was imposed prior to 03/12/12, the concurrent EDS will be
calculated separately to the earlier sentence and run parallel to it. Release will be on the
latest release date, on licence to the latest LED/SLED.
11.8.2 Consecutive sentences will be aggregated for the SLED and then separated for the
effective ARD/PED/CRD/NPD. The EDS will start from the day after the notional ARD/CRD
of the SDS imposed before 03/12/12.
11.8.3 Where the earlier SDS was calculated on a blue calculation sheet and had its own parole
date, Eligibility for parole would be after the aggregate of half of the SDS and two thirds of
the custodial period of the EDS. Where parole was not authorised release would be


after the aggregate of two thirds of the SDS and two thirds of the custodial period of
the EDS – where the EDS does NOT have a PED or,
after the aggregate of the two thirds point of the SDS and the whole of the custodial
period of the EDS – where the EDS DOES have a PED.
EXAMPLE 48
On 14 April 2010 the prisoner was given 6 years for a Schedule 15 offence, committed prior
to 04/04/05. On 17 December 2012 the court convicted and sentenced the prisoner to an
EDS of 8 years comprising a custodial period of 4 years and an extension period of 4 years
for a non Schedule 15B offence consecutive. The EDS therefore, does NOT have a PED.
The 6 years imposed on 14/04/2010 would have given the following release dates:-SED
PED
NPD
LED
13/04/2016
13/04/2013
14/04/2014
13/10/2014
When the 8 year EDS is imposed, the SLED would be at the end of the aggregate of the
whole sentences (14 years).
SLED = 13/04/2024
Following the rule that the sentence with the PED is always calculated last, the PED would
be after two thirds of the custodial period of the EDS + half of the 6 years. The custodial
period of the EDS would be calculated first to find the notional CRD and then the 6 years
would be calculated from the day after the notional CRD to find the effective PED and
NPD:PED = 13/012/2015
NPD = 13/12/2016
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 94
EXAMPLE 49
If the EDS in the example above had been imposed for a Schedule 15B offence, it would
also have had a PED at the two thirds point of the custodial period, but automatic release at
the end of the custodial period. The SLED would therefore be calculated the same as
above, but the NPD/CRD would be at the end of the aggregate produced by two thirds of
the 6 years + the whole of the custodial period of the EDS (i.e. PED of the SDS + 4 years
custodial period of the EDS). The 4 years custodial period reckoned from the day after the
NPD of the 6 years would give an effective NPD/CRD of:NPD/CRD = 14/04/2018
The PED would be found by calculating two thirds of the custodial period of the EDS from
the day after the PED of the 6 years which gives an effective PED of
PED = 13/12/2015
11.9
Interaction of a section 227/228 extended sentence Imposed on or after 14 July 2008
with an SDS
Concurrent sentences
11.9.1 Where the standard determinate sentence runs concurrently to a section 227/228 extended
sentence the two sentences will be calculated separately and run parallel to one another.
Release will be on the latest release date on licence to the latest SED/SLED.
Consecutive sentences
11.9.2 Where SDSs and Section 227/228 extended sentences are consecutive to one another, the
total sentence length of both the extended sentence and the SDS are aggregated to find
the SLED. The CRD is at the half way point of the aggregate comprising the SDS and the
custodial period of the extended sentence.
Example 50
On 20 October 2009 a prisoner was given a 6 years extended sentence comprising of 4
years custodial and 2 years extended sentence and while serving this was given a further 2
year sentence on 12 December 2009 which was ordered to be served consecutively.
The SLED will be at the aggregate of the 6 years and the 2 years. The CRD will be at the
halfway point of the aggregate of the 4 year custodial period and the 2 years SDS.
SLED = 19/10/2017
CRD = 19/10/2012
11.10 Interaction of a Section 227/228 extended sentences imposed before 14 July 2008
with an SDS
Concurrent sentences
11.10.1 Where the standard determinate sentence runs concurrently the two sentences will be
calculated individually and the later dates applied.
Consecutive sentences
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 95
11.10.2 If either the SDS or the extended sentence is consecutive the total sentence length of
both the SDS and the extended sentence will be aggregated to find the SLED.
11.10.3 Parole eligibility will be after half of the SDS + half of the custodial period of the extended
sentence.
11.10.4 If parole is not granted, automatic release will be after the aggregate of half of the SDS +
the whole of the custodial period of the extended sentence.
11.10.5 Where the SDS was for a Schedule 15 offence committed prior to 04/04/05 so that it also
had eligibility for parole. The SLED would still be at the end of the aggregate of the whole
extended sentence and the whole of the SDS. The PED would be at the half way point of
the aggregate of the SDS and the custodial period of the extended sentence and the
NPD/CRD would be after the aggregate of the two thirds point of the SDS and the whole
of the custodial period of the extended sentence.
11.11
Interaction of Section 85 extended sentences with SDS
SDS imposed on or after 03/12/12 or an SDS of 12 months or more imposed before
03/12/12 for an offence committed on or after 04/04/05
11.11.1 Where the SDS and the Section 85 extended sentence are concurrent to one another,
they will be calculated separately and run parallel to one another. Release will be on the
latest release date and will be on licence to the latest LED/SLED.
11.11.2 Where the SDS and the Section 85 extended sentence are consecutive to one another,
they will be aggregated for the SLED. Where the custodial period of the Section 85 is less
than 4 years the CRD will be at the half way point of the aggregate created by the SDS
and the custodial period of the extended sentence. Where the custodial period of the
Section 85 extended sentence is one of 4 years or more, the prisoner will be eligible for
parole at the half way point of the aggregate created by the SDS and the custodial period
of the extended sentence with automatic release (CRD/NPD) at the end of half of the SDS
+ two thirds of the custodial period of the Section 85 extended sentence.
SDS imposed before 3 December 2012 for offences committed prior to 4 April 2005 or an
SDS of less than 12 months imposed before 03/12/12.
11.11.3 The SDS and the section 85 extended sentences are treated as a single term, providing
no release has taken place from one before the other is imposed. However, only the
custodial period of the extended sentence forms part of the single term with the
SDS. Once the release dates of the single term have been calculated the extension
period of the extended sentence will be added to the LED and SED of the single term.
Example 51
On 3 March 2007, a prisoner is given a 14 year extended sentence under Section 85,
comprising a 6 year custodial term and an 8 year extension period. At the same time a
sentence of 6 years is imposed for an offence committed prior to 04/04/05 and is ordered
to run consecutively to the extended sentence.
There is therefore a single term of 12 years comprising the 6 years sentence and the 6
year custodial period 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:
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PED
NPD
LED
SED
=
=
=
=
PAGE 96
02/03/2013
02/03/2015
02/03/2024
02/03/2027
CHAPTER 12 - COURT MARTIAL
12.1
General remarks
12.1.1 A sentence of imprisonment imposed by a Court Martial (CM) or Service Civilian Court
(SCC) 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 CM or SCC on or
after 31 October 2009, the court will direct that the number of days spent in pre-trial
custody are to count as time served as part of the sentence (unless in the opinion of the
Court the circumstances are such that the time should not count) and this will be recorded
on the ‘Trial Result Notification’ and the ‘Committal Order’. If the sentence is imposed
before 31 October 2009 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
Court Martial Appeals
12.3.1 An appeal against conviction and/or sentence awarded by the Court Martial (CM) requires
the leave of the Court Martial Appeal Court (CMAC). If successful and unless the CMAC
orders otherwise, a sentence passed on appeal takes effect from the day on which the CM
passed the original sentence. (However, if the CMAC, on dismissing an application for
leave to appeal, considers the application to have been frivolous or vexatious, it may direct
that any sentence passed on the applicant by the CM shall begin to run again from the day
on which the CMAC dismisses the application. This sanction acts as a disincentive to
submitting hopeless appeals.)
12.4
Service Civilian Court Appeals
12.4.1 Appeals from the Service Civilian Court are made to the Court Martial.
The CM has
jurisdiction to hear appeals against both finding and sentence awarded by the SCC.
12.4.2 Unless the CM otherwise directs, any sentence imposed on appeal will be commenced
from the date of the original sentence imposed at the SCC.
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CHAPTER 13 - SPECIAL REMISSION
13.1
Errors in calculation
13.1.1 If a mistake in a calculation is found which changes a prisoner’s release date, immediate
action must be taken to rectify the mistake. If there is any doubt, the sentence calculation
helplines 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, the IT
record amended 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, the release
must take effect as soon as it 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, advice on where and how the claim is to be submitted
must be sought from the Operational Litigation Unit in NOMS.
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.
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 Regional Custodial Manager
(RCM). Requests for the exercise of the Prerogative are made to Ministers by the RCM
through the Offender Management Public Protection Group (OMPPG) or the Directorate of
High Security Prisons. 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 approach to deciding whether to recall the person is
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to make a balanced decision as explained in paragraph 13.1.4 above. Where the RCM
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 in Para 13.1.6 above.
13.2
Calculation of Special Remission
13.2.1 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 the total sentence from the 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)/tagged bail + 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
13.2.2 For extended sentences (Sections 226A/226B, sections 227/228, or section 85) work out
the special remission on the custodial period only.
13.2.3 Once the number of days special remission has been determined the release dates must
be re-worked using the new sentence length (or custodial period in the case of extended
sentences) at ‘G’ above.
13.2.4 If the prisoner is serving a sentence imposed prior to 3 December 2012 for an offence
committed before 4 April 2005 and the new sentence length results in the prisoner
changing from a long term prisoner (non “conversion” 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.
13.3
Special Remission for Meritorious Conduct
13.3.1 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 OMPPG or the Directorate
of High Security Prisons. The case for early release will then be put to the RCM to approve
(or not, as the case may be) the recommendation and the number of days early release.
13.3.2 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.
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A
=
Number of days in the total sentence from the calculation sheet
B
=
Number of days to ARD, CRD, NPD, PED
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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
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13.3.3 For extended sentences (section 226A/2226B. sections 227/228 or section 85), work out
the special remission on the custodial period only.
13.3.4 Once the special remission has been determined the release dates must be re-worked
using the new sentence length (or custodial period in the case of extended sentences) at
‘G’ above.
13.3.5 As in the case of errors (paragraph 13.2.4), 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.
13.3.6 No change should be made to the prisoner’s existing dates until the Royal Prerogative of
Mercy has been exercised.
13.4
Table for calculations
13.4.1 A table for calculating periods of special remission is at APPENDIX H
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CHAPTER 14 – YOUNG OFFENDERS
14.1
General Remarks
14.1.1 The method for calculating the release dates of young offenders serving determinate
sentences under (a) and (b) below is the same as that for adult prisoners
14.1.2
14.2
Young offenders may receive four kinds of determinate sentence:
(a)
Detention in a Young Offender Institution (DYOI). 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 Powers of Criminal Courts (Sentencing) Act 2000 (formerly
section 53(2) of the Children and Young Persons Act 1933).
(c)
IA Detention and Training Order (DTO). 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.
(d)
A term for offenders aged 14 - 17 under Paragraph 14(1) of Schedule 5A of the
Policing and Crime Act 2009 for the breach of a gang injunction.
Sentence of DYOI: offenders aged 18, 19, and 20
14.2.1 For offenders aged 18 to 20 years old inclusive on conviction, there is no upper limit on the
length of sentence of DYOI other than that specified for a particular offence. The minimum
sentence of DYOI is 21 days, unless the sentence has been imposed for breach of bail, in
which case there is no minimum sentence. Where the term imposed is for breaching
section 256B supervision requirements, there is no minimum on the term that can be
imposed, but the term in this case is subject to a maximum of 30 days.
14.3
Sentence of detention under section 91(3) of the PCC(S)A 2000
14.3.1 Section 91 of the PCC(S)A 2000 makes provision for punishment of certain grave crimes
by those who were under the age of 18 at the time of conviction. These offenders may
receive a determinate sentence of any length (or detention for life if the adult maximum is
life) decided by the sentencing court.
14.3.2 Calculation of release dates will be the same as for other determinate sentences. The date
of offence/sentence length will determine the Act and release scheme and all sentences
will be subject to the awarding of Additional Days.
14.4
Remand time
14.4.1 A sentence of DYOI or section 91 will be reduced by relevant remand/tagged bail time in
the normal way (as applicable to prisoners over 21). See Chapter 4 for guidance on the
crediting of relevant time.
14.4.2 Relevant time spent on remand/tagged bail prior to the imposition of a DTO is explained in
the next chapter.
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14.5
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Supervision after release
14.5.1 Offenders serving 12 months or more will be released on licence to the LED/SLED relevant
to the sentence to which they are subject (Chapter 5 provides more information on
LED/SLED calculation).
14.5.2 For offenders serving a term of DYOI, a term of detention under Section 91 or a term of
detention under Section 209 of the Armed Forces Act 2006, of less than 12 months,
release will be at the half way point of the term imposed but, unlike adults who are released
unconditionally from less than 12 month sentences, release in these cases is on a 3
months supervision notice as per Section 256B of the CJA 2003.
14.5.3 Under Section 256C of the CJA 2003, a failure to comply with a supervision order may
result in the person receiving either a fine or a period of detention up to a maximum of 30
days. An offender imprisoned for a period of detention of up to 30 days will serve the term
in full before being re-released. Release will be on anything extant of the original 3 months
supervision notice.
14.5.4 A new sentence imposed concurrently to a 256C breach will run parallel and release will
take place on the latest release date. A new sentence imposed consecutively to a 256C
breach will be calculated separately from the breach term and will commence on the day
after the breach term has been served in full.
14.5.5 Further guidance on supervision notices for these sentences can be found in PSI 37/2012 –
Supervision of Young Offenders.
14.6
Detention and Training Orders
14.6.1 The Detention and Training Order (DTO) scheme for young persons is considered in the
next chapter.
14.7
Breach of Gang Injunction
14.7.1 Offenders may be made subject to an injunction to prevent gang-related violence (gang
injunction). Offenders aged 14 to 17 who breach the terms of the gang injunction, may be
ordered by the court to serve a term of detention of up to 3 months. Such a term imposed is
served in full. There are no early release provisions on this type of term.
14.7.2 Offenders aged 18 or over who breach a gang injunction will be dealt with under contempt
procedures. Release arrangements for contemnors are set out in Chapter 17.
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CHAPTER 15 – DETENTION TRAINING ORDERS
15.1
General Remarks
15.1.1 Sections 100 – 107 of the Powers of Criminal Courts (Sentencing) Act 2000, provide that
offenders aged under the age of 18 on the date of conviction who are given a custodial
sentence will be given a Detention and Training Order (DTO), subject to exceptions such
as; Detention at Her Majesty’s Pleasure, 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), and extended sentences under section 226B or section 228 of the CJA
2003 . (Details of how to calculate extended sentences are set out in Chapter 11)
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. DTOs must not exceed 24
months.
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.
To find the half-way point, the DTO must be converted to days as with sentences of
imprisonment See Chapter 5.
15.2.3 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 offenders 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 52




An offender receives a DTO of 4 months on 01/05/2013
The term runs until 31/08/2013, giving a total of 123 days
Half of 123 is 61.5, which is rounded up to 62
62 days from 01/05/2013 gives a release date of 01/07/2013
15.2.4 A calculation sheet for DTOs is at APPENDIX I.
15.3
Remand and Credit for Time Spent on Tagged Bail
15.3.1 When calculating the release dates of DTOs the Prison Service do not credit
remand/tagged bail time against the DTO. The court should have taken any such time that
is relevant to the DTO into account when determining its length .
15.4
Additional Days
15.4.1 Additional days may not be awarded to an offender serving a DTO .
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Multiple DTOs
15.5.1 Offenders may receive more than one DTO. Subject to paragraphs 15.5.2 and 15.5.3
below, the court may order a DTO to run concurrently or consecutively to any other DTO to
which the offender is subject provided that release has not taken place. Where the court
does not indicate whether a new DTO should be concurrent or consecutive to an existing
DTO, it should be treated as being concurrent.
15.5.2 The court should not make a DTO where the effect will be that the offender is subject to a
DTO, or two or more DTOs, for more than 24 months; If the court makes a DTO that, in
combination with another DTO has this effect, the term must be treated as being one of 24
months. Any time over and above 24 months is treated as remitted and disregarded for the
purposes of sentence calculation
15.5.3 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, unless the new term is being
made consecutive to a period imposed under Section 104 or Section 105 of the 2000 Act.
15.5.4 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)
(b)
they were made on the same occasion; or
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
15.5.5 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 53


An offender is given a DTO of 6 months on 02/04/2013 (DTO 1)
He subsequently receives a further DTO of 6 months on 10 May 2013, 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 (02/04/2013) to the end
date of DTO 2 (09/11/2013)
DTO 1
Half-way point of DTO 1
DTO 2
End of DTO 1
Half-way point of DTO 2
Half-way point of single term

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End of DTO 2
End of single term
The length of the single term determines the point at which the offender is released
from custody
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Once the length of the single term has been determined in days, the half-way point
is calculated in the same way as with a single DTO, as described in paragraph
15.2.3 and Example 52 above
In this case, the single term is of 222 days, giving a half-way point of 111 days from
2 April. The offender is released from custody at that point, i.e. 21 July 2013.
Single term: consecutive sentences
15.5.6 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.
15.5.7 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 54




An offender receives a DTO of 12 months on 02/08/2013 (DTO 1)
He then receives two further DTOs each of 4 months on 30/09/2013 and
20/12/2013 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



15.6
End of single term
The term runs from 02/08/2013 until 01/04/2015 giving a total of 608 days
Half of 608 is 304,
304 days from 02/08/2013 gives a release date of 01/06/2014.
Early and Late Release
15.6.1 The release date under a DTO may be brought forward by the Secretary of State as
follows:
(a)
(b)
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if there are exceptional circumstances justifying early release on compassionate
grounds;
to reflect progress in custody,
(i)
by up to 1 month, in the case of an order for a term of 8 months or more but
less than 18 months; and
(ii)
by up to 2 months, in the case of an order for a term of 18 months or more.
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15.6.2 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:

by up to 1 month, in the case of a term of 8 months or more but less than 18
months; and
by up to 2 months, in the case of an order for a term of 18 months or more.

15.6.3 Where the early release date falls on a weekend or Bank Holiday release will take place on
the working day immediately before the weekend/Bank Holiday. More guidance on early
and late release should be sought from Youth Justice and Women on 0203 334 5384
15.7
Interaction with Sentences of DYOI
15.7.1 It is possible for an offender to be subject both to a DTO(s) and a term (s) of DYOI at the
same time.
15.7.2 DTO and DYOI are structured differently and, importantly, have different release provisions.
A DTO and a DYOI are never treated as a single term.
DTO followed by DYOI
15.7.3 If an offender currently serving a DTO in custody receives a concurrent sentence of DYOI,
the DYOI is treated as beginning on the day it is passed and runs parallel to the DTO.
Release cannot take place until the latest release date produced by the two terms.
15.7.4 If an offender currently serving a DTO receives a DYOI that is ordered to be consecutive to
the DTO, the DYOI will begin on the day after the day the offender would otherwise have
been released from the DTO.
15.7.5 Where a sentence of DYOI is imposed on an offender who has previously received a DTO,
the fact that remand or tagged bail time may have been taken into account by the court in
determining the duration of the DTO must be disregarded for the purpose of determining
the amount of remand or tagged bail time that is relevant to the sentence of DYOI.
15.7.6 If an offender has been released from the custodial part of the DTO the sentence of DYOI
must commence on the day it is passed by the court unless the offender is subject to a
period of detention imposed for breach of a DTO in which case the DYOI may take effect in
the ways described above in relation to an offender who is still serving a DTO in custody.
DYOI followed by DTO
15.7.7 It is possible (but extremely unlikely) that an offender who is already subject to a term of
DYOI (or a period of Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000)
could subsequently receive a DTO. Where this occurs, advice must be sought from the
sentence calculation helplines.
Effect of being subject to both DTO and DYOI
15.7.8 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, the offender 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 DTO and the release date in respect of the DYOI .
15.7.9
“Subject concurrently” in this context simply means that the offender is subject to a DTO ,
while he or she is also subject to a DYOI. DTOs and sentences of DYOI are not, strictly,
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imposed “concurrently” or “consecutively” to one another since, as mentioned above, they
are structured differently.
15.7.10 An offender is “subject concurrently” to both DTO and DYOI 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.
15.7.11 The imposition of a later sentence of DYOI does not mean that the previous 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.
15.7.12 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). On release the offender will be released on the required
licences relevant to both the DTO and the DYOI at the point of release.
Example 55


An offender is given a DTO of 24 months on 11/02/2013.
He subsequently receives a consecutive sentence of 8 months DYOI on
01/03/2013.
DTO
Half-way point of DTO
DYOI takes
effect
Release
from DYOI
End of DTO
DYOI
supervision ends
Period during which offender
is subject concurrently to
DTO and DYOI




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When he has completed the custodial part of the DTO, on 10/02/2014, the day
after the DYOI will commence and he 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 11/06/2014
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 3 months supervision in respect of the DYOI, until
11/09/2014 and supervision under the DTO until 10/02/2015
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Interaction with Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000
and Extended Sentences Imposed under Section 226B or 228 of CJA 2003
15.8.1 It is possible that a DTO may be imposed on an offender subject to detention under section
91(3) of the 2000 Act (offenders under 18 convicted of certain serious offences: power to
detain for specified period), or vice-versa, or extended sentences imposed under sections
226B or 228 of the CJA 2003. In such cases the section 91, (or extended sentence) and
the DTO will be calculated separately to one another. Concurrent terms will run parallel to
one another and consecutive terms will start on the day after the release of the term to be
served first.
15.9
Breach of supervision requirements of a DTO – section 104 of the 2000 Act (as
amended by section 80 of the LASPOA 2012)
15.9.1
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 calculated
from the date of the failure, 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.
15.9.2
The LASPOA 2012 provides that on or after 3 December 2012, breaches of a DTO can be
punished under section 104 even after the term of the DTO has finished. The court
retains the power to impose a period of detention in response to a breach of a DTO and
creates a new power to impose a further period of supervision instead of custody for the
breach. The maximum period of supervision or detention will be 3 months or the period
beginning with the date of the failure to comply with the requirement and ending with the
last day of the term of the DTO, whichever is the shorter.
15.9.3
Where the court imposes a period of detention or supervision for breach, it takes
immediate effect and can run concurrently with the supervision portion of the DTO. Also if
a young person repeatedly breaches the DTO, the court can impose further periods of
supervision (or detention or a fine) and this continues to be the case until the young
person completes the order.
15.10
Re-offending during the DTO: order of re-detention under section 105 of the 2000
Act
15.10.1 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 number of days 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. The period
of re-detention under Section 105 must be served in full. Therefore, any sentence
imposed for the new offence is not combined with the period of re-detention to form a
single term . A concurrent DTO or sentence of DYOI will have its own release dates and
will run parallel to the Section 105 period. A consecutive DTO or sentence of DYOI will
begin on the day after the last day of the Section 105 period.
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Annex D
PRISON SERVICE INSTRUCTION
39/2012
OPERATIONAL GUIDANCE
PART IV
TERMS OF IMPRISONMENT
Chapter 16
TERMS IN DEFAULT OF PAYMENT
Chapter 17
CIVIL PRISONERS
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CHAPTER 16
16.1
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TERMS OF IMPRISONMENT IN DEFAULT OF PAYMENT
General Remarks
What is a default term?
16.1.1
A ‘default term’ is a term that is imposed for non-payment of the following:






A fine
Costs
Compensation
Forfeiture of recognizance
Civil and Judgment debts
A Confiscation Order under

The Criminal Justice Act 1988(as amended)

The Drug Trafficking Act 1994
(both of the above are in relation to criminal conduct prior to 24/03/2003)

Proceeds of Crime Act 2002 (in relation to criminal conduct on or after
24/03/2003)
16.1.2
Maximum periods of imprisonment in default of payment are set out in APPENDIX J.
16.1.3
Failure to pay Legal Aid Costs should be on a specific warrant.
Criminal and Civil Defaulters
16.1.4
Prisoners serving terms in default can be either ‘criminal’ defaulters or ‘civil’ defaulters.
A ‘criminal’ defaulter is a convicted prisoner serving a ‘term of imprisonment’ which
attracts early release. A ‘civil’ defaulter is not convicted but is simply held in ‘detention’
which means that most ‘civil’ default terms are served in full. Details of how to treat ‘civil’
default terms are set out in Chapter 17.
Weekend Release
16.1.5
The usual weekend release rules apply to terms in default, whereby release takes place
on the preceding work day if the release date falls over a weekend or Bank Holiday.
However, where the default term is for 5 days or less and the release date falls over a
weekend/Bank Holiday, release will take place on the Saturday rather than the preceding
Friday (or Thursday in the case of Good Friday).
Remaining Liabilities
16.1.6
Prisoners must be advised that once the default term has been served, or release from
the default term has been secured by the monies owed being paid in full or in part, the
monies will no longer be regarded as outstanding. This is different to the information that
must be provided to ‘civil’ defaulters. For those details – please see Chapter 17 for further
information.
16.2
Procedures
Procedures on Reception
16.2.1
A warrant committing a person to imprisonment in default of payment that is issued
anywhere in the United Kingdom may be executed anywhere in the UK and a Governor
must accept any prisoner with such a warrant.
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16.2.2
When a prisoner is received at the prison on the strength of a warrant in default of
payment, a check must be made to establish if the prisoner has any money in his
possession that can be put towards payment of the amount of monies outstanding. Where
the prisoner has money, but not enough to pay the amount outstanding in full, an
appropriation must be carried out to determine how many days the prisoner can pay for.
See Para 16.7 for further information on appropriations and their effect on release dates.
16.2.3
If a prisoner is brought to the prison by the police and has enough money in his
possession to pay the fine in full, the police escorting the prisoner must be asked if they
have contacted the relevant court for instructions on whether or not to confiscate the
money. If they have not obtained direction from the court, the Governor has the discretion
to refuse to accept the prisoner from the police until the necessary action has been taken.
16.2.4
Certificates of Imprisonment (F986) must be completed in duplicate. One copy must be
sent immediately to the Magistrate’s Court who issued the warrant in default, in order to
notify them that the prisoner is in custody. The second copy must be sent to the same
court when the prisoner is released from the term in default (whether that is once the
custodial period has been served or the fine has been paid).
16.2.5
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 they have, the prisoner must be
allowed the facility of asking the relevant court to lodge the warrant(s).
Procedures for Lodged Warrants
16.2.6
A lodged warrant is a default warrant issued by a Magistrate’s Court, sometimes at a
prisoner’s request, for offences committed and for which convictions were received prior
to the imposition of the current term being served for other matters.
16.2.7
A lodged warrant can be received and actioned whether the prisoner is on remand or
serving a sentence. 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
cannot be counted as remand time against any subsequent sentence.
16.2.8
When lodged warrants are received the details of the warrant and date of receipt must be
entered on to a permanent record kept by the Discipline/Custody/ Prisoner Administration
office/Offender Management Unit.
16.2.9
The lodged warrant calculation will start on the date that the warrant is signed by the
Court or the date of reception to custody (whichever is the later). The fact that the order
may not be received for several days by the Governor will not affect this. If the prisoner is
not in custody, the warrant must be returned to the court with a covering note.
16.2.10 A copy of the warrant, clearly annotated with ‘COPY’, should be provided to the prisoner
along with a release date notification slip should the lodged warrant amend the release
dates.
16.2.11 If the prisoner states that they are not the person named on the warrant, then they must
raise the matter with the court concerned.
Procedures for Confiscation Orders
16.2.12 For calculation purposes, confiscation orders are treated in the same way as any other
term in default of payment.
16.2.13 Confiscation orders under the Drug Trafficking Act 1994 are made in the Crown Court in
cases involving drug related offences. A Crown Court also has the powers under Section
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71 of the Criminal Justice Act 1988 to impose confiscation orders on those convicted of
other criminal offences and under the Proceeds of Crime Act 2002. These are imposed if
the court is satisfied that the person has derived benefit from the offence.
16.2.14 Notification of drug trafficking confiscation orders will be either by a Notice of Confiscation
Order (Form 5018) or on the Trial Record Sheet (F5089) received from the court.
16.2.15 Although the order is made in the Crown Court the case has to be remitted to the
Magistrate’s 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.
16.2.16 PSI 16/2010 – Confiscation Orders provides information on how a confiscation order is
raised and the specific notification requirements that must be actioned by the prison.
16.2.17 Governors should be aware that HM Revenue and Customs have the power, although it is
rarely exercised, to release a prisoner prior to the expiration of the sentence. This powers
derives from section 152(d) of the Customs and Excise Management Act 1979.
Procedures for Receiving Payment towards the Warrant
16.2.18 Any money available to a prisoner (including private cash and earnings) will be accepted
as payment towards the fine, 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 bankers draft (See PSI 26/2011 – NOMS Finance Manual for further information). A
prisoner may not refuse to allow another person to make payment. Any monies must be
accepted and, if the prison is satisfied the fine has been paid in full, the prisoner
discharged. Should the Governor have concerns that release following acceptance of the
monies may constitute a possible physical or moral danger to the prisoner’s welfare,
advice must be sought from the security department at HQ.
16.2.19 Where a prisoner’s family, friends, or any other person are able to make a 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 and Wales. The only proviso must be that the other institution is willing to
offer this facility.
16.2.20 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.
16.2.21 If a competent member of staff is not available to calculate the amount required to secure
the early release of a prisoner, the full amount required by the warrant(s) must be taken.
Arrangements would then have to be made for the correct amount to be calculated as
soon as a member of staff who is competent to carry out the calculations is available. The
excess must then be refunded 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,
council tax and other civil debts – see Chapter 17. In these cases the amount required to
secure release must be calculated exactly.
16.2.22 Any monies received in respect of defaults must be properly documented and accounted
for by the cashier’s office. Receipt books in which payments are recorded must be
regularly scrutinised to ensure this is done.
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16.2.23 Following payment of any monies towards a fine, the cashier must forward a cheque for
the amount to the relevant court together with the note to the Clerk to the Justices for the
payment of fines (F412) and the second copy of the F986. These two forms must be
completed by the Discipline/Custody/Prisoner Administration Office/Offender Management
unit.
16.3
Calculating Release Dates for a Term in Default
16.3.1
Convert the sentence in to days the same way as for any other sentence of imprisonment
as described in Chapter 5.
16.3.2
The date of the Magistrate’s Court warrant will determine under which CJA 2003 release
scheme the default term falls to be treated.
16.3.3
If the Magistrate’s Court warrant is dated on or after 4 April 2005, release is unconditional
at the half way point of the term whatever the length of the term imposed.
16.3.4
If the date of the Magistrate’s Court warrant is before 4 April 2005 then terms of 12
months or more will be released unconditionally at the two thirds point of the term
imposed and terms of less than 12 months will be released at the half way point of the
term imposed.
16.3.5
For the calculation of ‘civil’ default terms please see Chapter 17.
16.4
Multiple Terms of Default
16.4.1
Where the terms are in respect of a warrant dated on or after 4 April 2005,


16.4.2
Where the terms are in respect of a warrant dated before 4 April 2005, the terms will be
single termed with one another whether they are concurrent or consecutive to one
another.


16.4.3
Terms that are consecutive to one another will be aggregated with each other and
release will be at the half way point of the aggregate.
Terms that are concurrent to one another will be calculated independently of each
other and release will take place on the latest release date
If the length of the single term is less than 12 months release will be at the half
way point
If the single term is one of 12 months or more release will be at the two thirds
point.
Where there are a number of terms in default the date when a consecutive term begins
will depend on the wording of the Magistrate’s Court warrant. If the words ‘consecutive to
the total period being served’ are used then the default term will start at the end of the
final term to be served.
EXAMPLE 56
A prisoner is sentenced on 4 March 2013 to a fine a £3000 or 3 months in default. The
prisoner then receives a consecutive lodged warrant of £1500 or 30 days consecutive to
the total period being served.
Sentence 1 would be:
92 days
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When the lodged warrant is actioned an aggregate would be formed of:
92 days + 30days = 122 days
ARD
SED
3 May
3 July
If the words ‘consecutive to the term now being served’ are used, then the prison must
determine the court’s intention – i.e. whether the court wants the default term to be served
at the end of the total term, or to the term actually being served at the time the warrant is
issued. The latter would mean that the default term is consecutive to a particular default
term, but concurrent to all others
EXAMPLE 57
A prisoner is sentenced on 4 March 2013 to the following terms of imprisonment in default
of payment of 3 fines
Amount
Period in Default
Fine 1
£1250
30 days
served from 04/03/13 to 18/03/13
Fine 2
£250
14 days consecutive
served from 19/03/13 to 25/03/13
Fine 3
£1500
45 days consecutive
served from 26/03/10 to 17/04/13
On 11 March a fine warrant for 14 days consecutive to the current term being served is
received. The warrant arrived during the custodial period of Fine 1 and so is consecutive
to that particular, fine coming in to effect on 19 March 2013. This means that it becomes
concurrent to Fine 2.
30 days
14 days
45 days
14 days
16.5
Multiple Terms of Default – Different Release Schemes
16.5.1
Where the terms are in respect of warrants dated both on or after and before 4 April
2005, hence are subject to provisions of the different release schemes:

The term of the release scheme that is consecutive will commence on the day
after the release date of the term of the release scheme to be served first
Concurrent terms will be calculated independently of one another and release will
take place on the latest release date.
16.6
Interaction of Terms in Default with Non-Default Sentences and Terms
16.6.1
Default terms cannot be aggregated or single termed with other custodial sentences. The
release dates must be calculated separately.
16.6.2
In the same way as described in Para 16.4.3 above the date when a consecutive default
term begins will depend on the wording of the warrant, particularly if it is consecutive to a
number of other sentences. If the words ‘consecutive to the total period being served’ are
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used then the default term will start on the day after the latest release date of the
sentences. If the words ‘consecutive to the term now being served’ are used, then the
prison must determine the court’s intention – i.e. whether the court wants the default term
to be served at the end of all the custodial periods of the other sentences or to the
sentence actually being served at the time the warrant is issued. The latter would mean
that the default term is consecutive to a particular sentence, but concurrent to all others.
16.6.3
Default terms ordered to be concurrent to other types of custodial sentence will
commence on the date of the warrant, or the date of reception to custody (whichever is
the latest) and will run parallel. Release cannot take place until the latest release date of
all sentences and terms.
16.7
Appropriations
16.7.1
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.
16.7.2
If representations are received from the prisoner, the Governor has discretion to decide
whether or not the appropriation should take place. If the Governor decides against
appropriation, then s/he must 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.
16.7.3
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
16.7.4
The Daily Monetary Rate (DMR) must be calculated by using the following formula and
rounding up to the nearest penny:
Amount of original fine
Days in original sentence – 1
16.7.5
The original fine is the amount of monies owing at the time the defendant was sentenced
to the term in default. In the case of confiscation orders the monies owing at the time the
confiscation order was enforced. The days in original sentence is the number of days in
the term that the defendant was actually received in to custody for.
16.7.6
The funds available divided by the DMR (rounded down) will then give the number of
whole days of the sentence that can be paid for. The number of days in the original
sentence minus the number of days that can be paid for will give the number of days of
the length of the new term to be used for the calculation of the release dates.
EXAMPLE 58
A prisoner is received on 1 January on a warrant of £1500 or 30 days in default. The
prisoner is found to have £180 in possession.
ARD =
SED =
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DMR = £1500/(30 – 1) = £51.73
Days that can be paid for = £180 / £51.73 = 3 days
However, a 3 day reduction would leave 27 days as the new term to be served giving an
ARD after 14 days. This is the same ARD as a 28 day term would give. Therefore,
because there is no further benefit to the prisoner’s release date by taking enough money
to pay for 3 days instead of 2 days, the prison must only take enough money to reduce the
sentence by 2 days. The amount taken would be £103.46. A new calculation is then made
based on a term of 28 days to give amended release dates as follows:
ARD =
SED =
14 days or 14 January
28 days or 28 January
Appropriations and multiple fines
16.7.7
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.
16.7.8
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 in to consideration at some stage, then it will be necessary to amend the
DMR accordingly.
EXAMPLE 59
A prisoner is received on 3 February with the following warrants:
Fine 1
Fine 2
30 days in default of payment of £1250
28 days in default of payment of £800 concurrent
The prisoner has £320 in possession in reception.
ARD =
SED =
17 February
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
2 days on Fine 1 purchased at a cost of £43.11 per day = £86.22
Funds left = £320 - £86.22 = £233.78
Composite DMR = £43.11 + £29.63 = £72.74
There is enough money to pay for 3 further days (£233.78 / £72.74 rounded down), but
this would leave 25 days in the length of the new term giving 13 days to the ARD which is
the same number of days that a 26 day term would give to the ARD. Therefore, to provide
the maximum benefit to the prisoner with the minimum outlay, only 2 further days must be
paid for.
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The total amount to be taken is as follows:
£43.11 x 2
£72.74 x 2
=
=
£ 86.22
£145.48
Total
=
£231.70
The length of the new overall term is 26 days which gives amended release dates of:
ARD =
SED =
16.8
15 February
28 February
Pay- outs
Payment of fines during the term
16.8.1
A fine may be paid either in whole or in part at any time during the term of imprisonment.
16.8.2
For prisoners serving terms in default in relation to warrants issued on or after 4 April
2005 and all terms of less than 12 months (irrespective of the date of the warrant), the
formula to calculate the amount to be paid to secure immediate release is:
Original Term – (Time Served x 2)
x
Original Fine
(Number of Days in Term – 1)
16.8.3
For prisoners serving terms in default of 12 months or more in relation to warrants issued
BEFORE 4 April 2005, the formula to calculate the amount to secure immediate release
is:
Original Term – (Time Served x 1.5)
x
Original Fine
(Number of Days in Term – 1)
16.8.4
Original Term is the term imposed by the court that the prisoner was received in to
custody for, 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
16.8.5
If prisoners serving a default warrant want to part pay so that they are released on a
Friday, the weekend must be included as Time Served. Bank Holidays must be treated in
a similar way and credited to the prisoner.
16.8.6
Prisoners serving a default term of 5 days or less whose release date falls on a Sunday or
who wish to be released on a Friday will have to include the Saturday as a day to be paid
for rather than a day that is included as Time Served.
16.8.7
There must be no advantage to a prisoner in making payment at the prison rather than at
the court. If the prisoner chooses to pay the fine on the day of reception, the fine must be
paid in full irrespective of what day of the week that falls.
16.8.8
A calculation sheet for calculating pay-outs is at APPENDIX K.
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Additional Days Awarded
Terms in default imposed on or after 04/04/05
16.9.1
ADAs cannot be given on ANY term in default imposed on or after 04/04/2005.
Terms in default imposed before 04/04/05
16.9.2
Where the term in default was imposed BEFORE 04/04/05 ADAs during the term will have
an effect on the amount that a prisoner has to pay to secure release. ADAs do not count
towards time served on the default term.
16.9.3
As soon as ADAs are awarded, the custodial part of the fine is suspended whilst the
ADA’s are served and then resumes once the ADAs have been served. The effect of the
imposition of ADAs is to extend the custodial period to be served beyond the half way
point of the term. The number of ADA’s served at the time of the pay out will reduce the
amount of ‘credit’ allowed in the pay out calculation, thereby altering the amount required
to secure release.
16.9.4
The formulae used to arrive at the amounts required to secure a prisoner’s early release
are as set out in section 16.8 above.
EXAMPLE 60
A prisoner is received on 17 June serving a fine of £3660 or 3 months in default.
ARD =
SED =
46 days or 1 August
92 days or 16 September
The prisoner is awarded 10 ADAs on 28 June which would commence being served on 29
June
(a)
To pay out on day 12 (28 June) – no ADAs have yet been served:
Period served = 12 (actually served) + 12 (credit) = 24 days (deemed to be served)
Amount required to secure release = (92 – 24) ÷ 91 x £3660 = £2734.95
(b)
To pay out on day 18 (4 July) – 6 ADAs have been served:
Period served = 18 (actually served) + 18 - 6 (credit – ADAs) = 30 days (deemed to be
served)
Amount required to secure release = (92 – 30) ÷ 91 x £3660 = £2493.63
(c)
To pay out on day 30 (16 July) - the full 10 ADAs have been served:
Period served = 30 (actually served) + 30 – 10 (credit - ADAs)= 50 days (deemed to be
served)
Amount required to secure release = (92 – 50) ÷ 91 x £3660 = £1689.24
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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 to be treated
as part of the fine and can be reduced by imprisonment (part paid) and ‘Costs of Issue’
which are not part of the fine and must be paid in full. Costs of Issue are most commonly
found in Maintenance and Council Tax warrants. In cases where it is not clear which type
of costs are involved and the information cannot be clarified by the court, the prisoner
should be given the benefit of the doubt and the costs treated as part of the fine.
EXAMPLE 61
A prisoner is sentenced to £1500 or 30 days in default on 5 February and is received on
the same day. Costs of issue of £10 were imposed at the same time. The prisoner wishes
to pay out on 10 February.
Period served = 6 + 6 = 12 days
Amount required to secure release = (30 – 12) ÷ 29 x £1500 = £931.04 +
10.00
Total Required
£941.04
The ‘Costs of Issue’ must be paid in full and are not open to being part paid.
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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 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). The types of non-payment considered in this Chapter do not include non payment of
fines (including confiscation orders) imposed in respect of criminal convictions, which is
considered in Chapter 16.
Terms served for civil offences are not reduced by
remand/tagged bail time and prisoners serving civil terms cannot be given added days for
offences against prison discipline.
17.1.3 The table at APPENDIX L 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. There are two
types of contempt, criminal and civil. Criminal contempt occurs when the contemnor
actually interferes with the ability of the court to function properly - for example, by yelling at
the judge. This is also called direct contempt because it occurs directly in front of the judge.
Civil contempt occurs when the contemnor wilfully disobeys a court order. In either
instance the prisoner must be treated as a civil prisoner and the release arrangements are
the same.
17.2.2 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 Sentence Calculation
Helplines should be sought.
Custodial terms for contempt
17.2.3 A term imposed for contempt may be concurrent with or consecutive to any criminal term,
but it cannot form part of any aggregate/single term .
17.2.4 Early release arrangements for contemnors committed to custody on or after 4 April 2005
are provided for by section 258 of CJA 2003 and Schedule 20B of the CJA 2003 for those
committed to custody before 4 April 2005.
17.2.5 Release dates for those serving a term for contempt must be calculated according to the
following general principles:
(i)
(ii)
(iii)
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The release will be unconditional.
Those serving a term of less than 12 months will be released at the half way point,
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(iv)
(v)
(iv)
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Those serving 12 months or more whose warrant of commitment is dated on or after
4 April 2005 will also be released at the half way point.
Those serving 12 months or more whose warrant of commitment was dated before
4 April 2005 will be released at the two thirds point.
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).
17.2.6 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 Sentence Calculation Helplines for advice.
17.2.7 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.
17.2.8 If there is any doubt or ambiguity about the calculation of release dates in cases of
contempt then the advice of the Sentence Calculation Helplines should be sought at the
earliest opportunity.
Contempt and Young Persons
17.2.9 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/ single termed with sentences. 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)
(ii)
(iii)
(iv)
(v)
They will not be released early and will serve their terms in full (since they do not
come within the ambit of section 258 or Schedule 20B of CJA 2003 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/working day.
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).
They can part pay to either advance or secure their release .
Imprisonment does not act to expunge the debt, although the person cannot be
committed to prison again for the same arrears .
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 17.3.9 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
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PAGE 121
respect will be liable to imprisonment. The person will be required to serve the full term
imposed by the court (unless they secure their release any earlier by payment of monies)
and will be released unconditionally.
Civil debt
17.3.5 Section 11 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)
(ii)
(iii)
By the High Court in respect of a maintenance order made there.
By the County Court in respect of a High Court or County Court maintenance order.
By a County Court in respect of the following:
(a)
(b)
(c)
Failure to pay income tax, capital gains or corporation tax
Failure to pay National Insurance contributions
Failure to pay redundancy fund contributions
17.3.6 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
17.3.7 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:

There is a minimum term imposable of 5 days.

Monies in the prisoner’s possession on reception to prison CANNOT be
automatically appropriated to advance the prisoner’s release date because Section
80(2) of the Magistrates’ Court Act 1980 appears not to apply in these cases.
However, the prisoner can formally apply to have such funds used for this purpose.
Recognizances to keep the peace or be of good behaviour
17.3.8 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. There is no early release on such
committals.
17.3.9 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.
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Annex E
PRISON SERVICE INSTRUCTION
39/2012
OPERATIONAL GUIDANCE
PART V
Appendices to the Operational
Guidance
Appendix A
Abbreviations
Appendix B
Calculation sheets
Appendix C
Counting of time in custody before sentence
Appendix D
Forms for police custody time request
Appendix E
Draft letter to courts where a consecutive sentence has been imposed
to a recall
Appendix F
Examples of possible exceptional circumstances for UAL time
Appendix G
Special remission calculation sheet
Appendix H
Examples of possible exceptional circumstances to consider for RPM
Appendix I
DTO calculation sheet
Appendix J
Maximum periods of imprisonment in default of payment
Appendix K
Pay-out calculation sheet
Appendix L
Early release of civil prisoners
Appendix M
Schedule 15
Appendix N
Schedule 15B
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PAGE 123
APPENDIX A
ABBREVIATIONS
The following abbreviations are used in the manual:
ADAs
APD
ARD
B
CED
CJA03
COACD
CRD
DTO
DYOI
EDS
ERRS
ESPP
FTR
HDC
HDCED
LASPOA 2012
LED
NPD
OMPPG
PACE
PADAs
PED
PRRD
PSI
PSO
RADAS
RDR
ROR
ROTL
Rx
S
SDS
SED
SLED
UAL
1967 Act
1991 Act
2000 Act
PSI 13/2013
Added days awarded
Approved Parole Date
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
Extended Determinate Sentence
Early release and recall section
Extended sentence for Public Protection
Fixed Term Recall
Home detention curfew
Home detention curfew eligibility date
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Licence expiry date
Non parole date
Offender Management Public Protection Group
Police and Criminal Evidence Act 1984
Prospective added days awarded
Parole eligibility date
Post recall release date
Prison Service Instruction
Prison Service Order
Restoration of added days awarded
Resettlement day release
Resettlement overnight release
Release on temporary licence
Remand to custody
Sentenced
Standard Determinate Sentence
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
UNCLASSIFIED
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PAGE 124
APPENDIX B
SENTENCE CALCULATION SHEETS
The calculation sheets reproduced in the pages which follow correspond to the release schemes of
the CJA 2003 Act:

the first form, which is green, is for sentences imposed on or after 03/12/12 and for
sentences of 12 months or more imposed before 03/12/12 for offences committed on or
after 04/04/05

the second form which is white is for extended sentences imposed under Section 226A or
226B

the third form, which is grey, is for extended sentences that were imposed under Section
227 or 228 on or after 14 July 2008.

The fourth form, which is yellow was for extended sentences that were imposed under
Section 227 or 228 BEFORE 14 July 2008

the fifth form, which is white, is for sentences/single terms of less than 12 months imposed
before 3 December 2012.

the sixth form, which is pink, is for sentences/single terms of 12 months or more but less
than 4 years imposed prior to 03/12/12 for offences committed prior to 04/04/05 and single
terms of 12 months or more but less than 4 years imposed prior to 03/12/12 where all
sentences were less than 12 months,

the seventh form which is blue, is for sentences/single terms of 4 years or more imposed
prior to 03/12/12 for offences committed prior to 04/04/05.
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GREEN SHEET
SDS Imposed on or after 03/12/12 and SDS of 12 Months or more Imposed before 03/12/12
for Offences Committed on or after 04/04/05
No. _______________________
_____________________________
Name
Initials
Establishment
Date
Reason for variation
No of
days
SLED/SED
CRD/ARD
HDCAD
(if app.)
Calc
Check
(Upon first reception after sentence)
ERSED:
(if applicable)
HDCED:
RDRED:
RORED:
DIAGRAM OF SENTENCE(S)
PSI 13/2013
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UNCLASSIFIED
PAGE 126
SDS Imposed on or after 03/12/12 and SDS of 12 months
GREEN SHEET
or more imposed before 03/12/12 for offences committed on or after 04/04/05
A
SENTENCE
Individually for concurrent sentences
and the aggregate term for consecutive
sentences
from DOS/ to
Sentence 1
yrs
mos
B
C
NUMBER OF
DAYS IN
SENTENCE
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of
days at D
reckoned from
DOS)
B ÷ 2 Rounded
up
days
From ______________ to _______________
Sentence 2
yrs
mos
days
From ______________ to _______________
Sentence 3
yrs
mos
days
From ______________ to _______________
Sentence 4
yrs
mos
days
From ______________ to _______________
Sentence 5
yrs
mos
days
From ______________ to _______________
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to _______________ =
F
G
H
TOTAL NUMBER OF
DAYS OF REMAND/
TAGGED BAIL TIME
EFFECTIVE SLED/SED
Latest date in C minus
F
EFFECTIVE CRD/ARD
Latest date in E minus F
From ______________ to _______________ =
From ______________ to _______________ =
Tag time directed by court =
Jan
31
31
31
31
31
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
730
365 x 3
365 x 4
365 x 5
365 x 6
365 x 7
365 x 8
365 x 9
1095
1460
1825
2190
2555
2920
3285
LEAP YEARS
PSI 13/2013
UNCLASSIFIED
2016
2020
2024
2028
2032
2036
2040
2044
2048
2052
2056
2060
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 127
WHITE SHEET
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
No. _______________________
_____________________________
Name
Initials
Establishment
Date
Reason for variation
No of
Days
SLED
CRD
PED
Where
applicable
Calc
Check
(Upon first reception after
sentence)
PSI 13/2013
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AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 128
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
Cases
Dates
Offence
committed
WHITE SHEET
Sentence or order
made
Sentence
Number of days
Sentence
A
Total length of sentence
From
(DOS)
B
SLED = number of days at A
from date of sentence
=
:
:
to
(end of Ext period)
Length of custodial part of sentence
From
(DOS)
CRD = number of days at B
From date of sentence
to
(end of custodial period)
=
:
:
NB CRD at B ONLY applies where the custodial period is 10
years or more OR the custodial period is less than 10 years
but the offence is a schedule 15B offence
C
Days to PED/ CRD
PED/CRD = number of days at C
From date of sentence
B – (B ÷ 3 Rounded down)
NB PED ONLY applies where there is a CRD at B
=
:
:
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to _______________ =
From ______________ to _______________ =
D
E
F
G
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
SLED
Date at A minus
D
CRD
Date at B minus
D
PED/CRD
Date at C minus
D
From ______________ to _______________ =
Tagged bail time directed by court =
Jan
31
31
31
31
31
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
730
365 x 3
365 x 4
365 x 5
365 x 6
365 x 7
365 x 8
365 x 9
1095
1460
1825
2190
2555
2920
3285
LEAP YEARS
PSI 13/2013
UNCLASSIFIED
2016
2020
2024
2028
2032
2036
2040
2044
2048
2052
2056
2060
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 129
GREY SHEET
CALCULATION OF RELEASE DATES FOR SECTION 227/228 (Extended Sentence For Public
Protection)
IMPOSED ON OR AFTER 14/07/08 WITH, OR WITHOUT A CONSECUTIVE STANDARD
DETERMINATE SENTENCE
No.
Name.
Initials
Establishment
Date
Reason for variation
No of
Days
SLED
CRD
Calc
Check
(Upon first reception after
sentence)
DIAGRAM OF SENTENCE(S)
PSI 13/2013
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AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 130
Section 227/228 EXTENDED SENTENCE
Imposed on or after 14/07/08
GREY SHEET
Cases
Dates
Offence
committed
Sentence or order
made
Sentence
Number of days
Sentence
A
Total length of sentence
From
(DOS)
B
C
D
to
(end of Ext period including
the whole of any consec
SDS)
Number of days relevant
Remand ordered by the
Court
SLED = number of days at C
from date of sentence
=
:
:
Days to SLED (A – B)
Length of custodial part of sentence
From
(DOS)
to
(end of custodial term
including the whole of
any consec SDS)
E
Effective custodial term (D – B)
F
Days to Conditional Release Date
E – (D ÷ 2 Rounded down)
CRD = number of days at F
From date of sentence
=
Jan
31
31
31
31
31
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
730
365 x 3
365 x 4
365 x 5
365 x 6
365 x 7
365 x 8
365 x 9
1095
1460
1825
2190
2555
2920
3285
:
LEAP YEARS
PSI 13/2013
UNCLASSIFIED
2004
2008
2012
2016
2020
2024
2028
2032
2036
2040
2044
2048
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 131
YELLOW SHEET
Section 227/228 EXTENDED SENTENCE
Imposed before 14/07/08
No.
Name.
Initials
Establishment
Date
Reason for variation
No of
Days
SLED
CRD
(CED)
PED
Calc
(Upon first reception
after sentence)
DIAGRAM OF SENTENCE(S)
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
Check
UNCLASSIFIED
PAGE 132
Section 227/228 EXTENDED SENTENCE
Imposed prior to 14/07/08
YELLOW SHEET
Cases
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 (A – B)
D
Length of custodial part of sentence
From
(DOS)
E
SLED = number of days at C
from date of sentence
=
:
:
to
(end of custodial period)
CED = number of days at E
from date of sentence
Days to Custody End Date (D – B)
=
F
:
PED = number of days at F
From date of sentence
Days to Parole Eligibility Date
E – (D ÷ 2 Rounded down)
=
Jan
31
31
31
:
31
31
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
730
365 x 3
365 x 4
365 x 5
365 x 6
365 x 7
365 x 8
365 x 9
1095
1460
1825
2190
2555
2920
3285
:
LEAP YEARS
PSI 13/2013
UNCLASSIFIED
2004
2008
2012
2016
2020
2024
2028
2032
2036
2040
2044
2048
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 133
WHITE SHEET
Sentences of less than 12 months imposed BEFORE 03/12/2012
No.
Name.
Initials
Establishment
Date
Reason for variation
No of
days
SED
ARD
Calc
Check
DIAGRAM OF SENTENCE(S)
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 134
Sentences of less than 12 months imposed BEFORE 03/12/2012
Cases Dates
Offence
Police
Committed Custody
Remand
WHITE SHEET
Sentence/
Order
Bail at
Reception Sentence
Prison/Court Off Bail
Number Of Days
Sentence
A.
B.
Total length of sentence
from
to
Time in custody to count
Police from________ to________
=
Prison from________ to________
=
Prison from________ to________
=
C
D
SED = number of days
at C from date of
sentence
Actual term (A - B)
=
:
:
ARD = number of days
at D from date of
sentence
Automatic release date
C - (A÷2 Rounded down)
=
Jan
31
31
31
31
31
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
:
365x2
365x3
365x4
365x5
365x6
365x7
365x8
365x9
:
730
1095
1460
1825
2190
2555
2920
3285
LEAP YEARS
PSI 13/2013
UNCLASSIFIED
1992
1996
2000
2004
2008
2012
2016
2020
2024
2028
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 135
PINK SHEET
Sentences/single terms of 12 months to under 4 years imposed
Before 03/12/2012
No.
Name.
Initials
Establishment
Date
Reason for variation
No of days
SED
LED
CRD
Calc
(Upon first reception after sentence)
DIAGRAM OF SENTENCE(S)
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
Check
UNCLASSIFIED
PAGE 136
Sentences/single terms of 12 months to under 4 years imposed
PINK SHEET
Before 03/12/2012
Cases Dates
Sentence/
Offence
Police
Remand Bail at
Reception Sentence Order
Committed Custody
Prison/Court Off Bail
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
Conditional release date
C - (A÷2 Rounded down)
E
Licence expiry date
C - (A÷4 Rounded down)
Jan
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
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
365x2
365x3
365x4
365x5
365x6
365x7
365x8
365x9
730
1095
1460
1825
2190
2555
2920
3285
LEAP YEARS
PSI 13/2013
UNCLASSIFIED
1992
1996
2000
2004
2008
2012
2016
2020
2024
2028
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
PAGE 137
BLUE SHEET
Sentences of 4 years or more imposed BEFORE 03/12/2012
No.
Name.
Initials
Establishment
Date
Reason for variation
No of
days
SED
LED
NPD
PED
Calc
(Upon first reception after sentence)
DIAGRAM OF SENTENCE(S)
PSI 13/2013
UNCLASSIFIED
AMENDED VER. ISSUE DATE 31/07/2013
Check
UNCLASSIFIED
PAGE 138
Sentences of 4 years or more imposed BEFORE 03/12/2012
BLUE SHEET
Cases Dates
Sentence/
Offence
Police
Remand
Bail at
Reception Sentence Order
Committed Custody
Prison/
Off Bail
Court
Number Of Days
Sentence
A.
B.
C
D
E
F
Total length of sentence
from
to
Time in custody to count
Police from________ to________ =
Prison from________to________ =
Prison from________to________ =
SED = number of days
at C from date of
sentence
Actual term (A - B)
Parole eligibility date
C - (A÷2 Rounded down)
=
:
:
PED = number of days
at D from date of
sentence
Non parole release date
C - (A÷3 Rounded down)
=
:
:
NPD = number of days
at E from date of
sentence
Licence expiry date
C - (A÷4 Rounded down)
=
:
:
LED = number of days
at F from date of
sentence
=
Jan
31
31
31
31
31
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
365x2
365x3
365x4
365x5
365x6
365x7
365x8
365x9
:
:
730
1095
1460
1825
2190
2555
2920
3285
LEAP YEARS
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UNCLASSIFIED
1992
1996
2000
2004
2008
2012
2016
2020
2024
2028
AMENDED VER. ISSUE DATE 31/07/2013
UNCLASSIFIED
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APPENDIX C
THE COUNTING OF TIME IN CUSTODY BEFORE SENTENCE
A.
EXAMPLES OF PERIODS OF CUSTODY THAT CAN BE COUNTED AS TIME SERVED
UNDER SECTION 240ZA

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)
(b)
(c)
(d)
section 35 - remand to hospital for reports on mental condition
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
section 38 - subject to an interim hospital order
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)
B.

On remand from the Crown Court for plea, trial or sentence

On remand while at the same time detained under the Immigration Act 1971.

Where the prisoner has spent time in custody abroad prior to extradition to the UK
for trial and the Judge makes a direction that it should count under 243 of CJA
2003.
EXAMPLES OF PERIODS OF CUSTODY THAT SHOULD NOT BE COUNTED AS TIME
SERVED UNDER SECTION 240ZA

Where the prisoner was also serving a sentence or term in default of a fine.

Where the prisoner was subsequently given a term in default or term for contempt

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).
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
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.
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APPENDIX D
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.
Signed: ............................................................
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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
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APPENDIX E
Draft lines to be used if a consecutive sentence is imposed to a licence recall.
To: The Court Manager
Re:
Mr .............. appeared in your court on ...................... and a sentence of……………… was
imposed which was ordered to be consecutive to any other periods of imprisonment to
which the defendant was subject.
Mr ............. was originally sentenced to ............ on ........... and was released on licence.
On .............. his licence was revoked by the Secretary of State and he was recalled to
prison to continue to serve that earlier sentence in custody. This sentence is not due to
expire until…………..
The new sentence would appear to fall under the restriction in section 265 of the Criminal
Justice Act 2003 as amended by section 20 of the Criminal Justice and Immigration Act
2008 on courts imposing consecutive sentences on a sentence where release has taken
place and the earlier sentence has not yet expired.
These restrictions were explained in the Ministry of Justice Circular 2008/01 which was
issued to all courts. The relevant part from the circular is:Section 20: Consecutive terms of imprisonment
13. Sections 20(4) and 20(5) amend section 265 of the Criminal Justice Act 2003 –
restriction on consecutive sentences for released prisoners. They clarify the position on
imposing consecutive sentences on different occasions. The amendment ensures that a
sentence subject to the release arrangements of either the Criminal Justice Act 2003, or
the Criminal Justice Act 1991, cannot be imposed consecutively to any term of
imprisonment from which release has already taken place. Because the amendment
ensures the restriction applies in all cases where release has taken place from the earlier
sentence, the saving of section 84 of the Powers of Criminal Courts (Sentencing) Act 2000
is no longer required.
In view of the above legislation, I should be grateful if you would consider the consecutive
direction in respect of the sentence imposed at your court and let me have your comments
or an amended Order of Imprisonment.
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APPENDIX F
Exceptional circumstances for UAL time
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.
NOMS have advised that the following are examples of features that could be considered under
exceptional circumstances, this list is by no means exhaustive.
The length of time before the prisoner is informed that they are/have been UAL
In cases of erroneous release, if a prisoner is indentified as a release in error and is returned to
custody relatively quickly, then their case may be less deserving than those who are identified after
a lengthy period of release.
The extent to which the prisoner has been disadvantaged by their return to custody
For example, if the prisoner will lose 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.
In cases of releases in error
Where a prisoner has been released in error, so they are unknowingly UAL through no fault of their
own, and in addition they were released subject to conditions which placed significant restriction on
their liberty, consideration should be given that a percentage of this time should count towards
their sentence.
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APPENDIX G
Special Remission
Where an error has been made in the calculation of a prisoner’s sentence and 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.
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APPENDIX H
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 in the total sentence
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)
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APPENDIX I
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
Where there is time served on appeal
A ÷ 2 (rounded up) - 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:
2012
2016
2020
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APPENDIX J
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.
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APPENDIX K
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
* This only applies for terms in default of 12 months or more where the warrant of commitment was
dated before 04.04.05.
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
£
£
Total required to secure release
Calculation completed by:
Checked by:
Date:
Date:
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APPENDIX L
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
Failure to enter
recognizances(i.e. to be
bound over)
Mag
no
no
Various acts of mischief in the
Court
Crown
Mag
High
County
no
no
no
no
yes
yes
yes
yes
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APPENDIX M
SCHEDULE 15
SPECIFIED OFFENCES FOR PURPOSES OF CHAPTER 5 OF PART 12
Section 224
Part 1
Specified Violent Offences
1
Manslaughter.
2
Kidnapping.
3
False imprisonment.
4
An offence under section 4 of the Offences against the Person Act 1861 (c 100) (soliciting
murder).
5
An offence under section 16 of that Act (threats to kill).
6
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
7
An offence under section 20 of that Act (malicious wounding).
8
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to
commit or assist in committing an indictable offence).
9
An offence under section 22 of that Act (using chloroform etc to commit or assist in the
committing of any indictable offence).
10
An offence under section 23 of that Act (maliciously administering poison etc so as to endanger
life or inflict grievous bodily harm).
11
An offence under section 27 of that Act (abandoning children).
12
An offence under section 28 of that Act (causing bodily injury by explosives).
13
An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily
harm).
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14
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
15
An offence under section 31 of that Act (setting spring guns etc with intent to do grievous bodily
harm).
16
An offence under section 32 of that Act (endangering the safety of railway passengers).
17
An offence under section 35 of that Act (injuring persons by furious driving).
18
An offence under section 37 of that Act (assaulting officer preserving wreck).
19
An offence under section 38 of that Act (assault with intent to resist arrest).
20
An offence under section 47 of that Act (assault occasioning actual bodily harm).
21
An offence under section 2 of the Explosive Substances Act 1883 (c 3) (causing explosion likely
to endanger life or property).
22
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping
explosive with intent to endanger life or property).
23
An offence under section 1 of the Infant Life (Preservation) Act 1929 (c 34) (child destruction).
24
An offence under section 1 of the Children and Young Persons Act 1933 (c 12) (cruelty to
children).
25
An offence under section 1 of the Infanticide Act 1938 (c 36) (infanticide).
26
An offence under section 16 of the Firearms Act 1968 (c 27) (possession of firearm with intent to
endanger life).
27
An offence under section 16A of that Act (possession of firearm with intent to cause fear of
violence).
28
An offence under section 17(1) of that Act (use of firearm to resist arrest).
29
An offence under section 17(2) of that Act (possession of firearm at time of committing or being
arrested for offence specified in Schedule 1 to that Act).
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30
An offence under section 18 of that Act (carrying a firearm with criminal intent).
31
An offence under section 8 of the Theft Act 1968 (c 60) (robbery or assault with intent to rob).
32
An offence under section 9 of that Act of burglary with intent to-(a) inflict grievous bodily harm on a person, or
(b) do unlawful damage to a building or anything in it.
33
An offence under section 10 of that Act (aggravated burglary).
34
An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which
caused the death of any person.
35
An offence of arson under section 1 of the Criminal Damage Act 1971 (c 48).
36
An offence under section 1(2) of that Act (destroying or damaging property) other than an
offence of arson.
37
An offence under section 1 of the Taking of Hostages Act 1982 (c 28) (hostage-taking).
38
An offence under section 1 of the Aviation Security Act 1982 (c 36) (hijacking).
39
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
40
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of
aircraft).
41
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
42
An offence under section 127 of the Mental Health Act 1983 (c 20) (ill-treatment of patients).
43
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c 38)
(prohibition of female circumcision).
44
An offence under section 1 of the Public Order Act 1986 (c 64) (riot).
45
An offence under section 2 of that Act (violent disorder).
46
An offence under section 3 of that Act (affray).
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47
An offence under section 134 of the Criminal Justice Act 1988 (c 33) (torture).
48
An offence under section 1 of the Road Traffic Act 1988 (c 52) (causing death by dangerous
driving).
49
An offence under section 3A of that Act (causing death by careless driving when under influence
of drink or drugs).
50
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c 31) (endangering
safety at aerodromes).
51
An offence under section 9 of that Act (hijacking of ships).
52
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
53
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
54
An offence under section 12 of that Act (other acts endangering or likely to endanger safe
navigation).
55
An offence under section 13 of that Act (offences involving threats).
56
An offence under Part II of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences
relating to Channel Tunnel trains and the tunnel system).
57
An offence under section 4 or 4A of the Protection from Harassment Act 1997 (c 40) (putting
people in fear of violence and stalking involving fear of violence or serious alarm or distress).
58
An offence under section 29 of the Crime and Disorder Act 1998 (c 37) (racially or religiously
aggravated assaults).
59
An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated
offences under section 4 or 4A of the Public Order Act 1986 (c 64)).
59A
An offence under section 54 of the Terrorism Act 2000 (weapons training).
59B
An offence under section 56 of that Act (directing terrorist organisation).
59C
An offence under section 57 of that Act (possession of article for terrorist purposes).
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59D
An offence under section 59 of that Act (inciting terrorism overseas).
60
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c 17) (genocide,
crimes against humanity, war crimes and related offences), other than one involving murder.
60A
An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of
nuclear weapons).
60B
An offence under section 50 of that Act (assisting or inducing certain weapons-related acts
overseas).
60C
An offence under section 113 of that Act (use of noxious substance or thing to cause harm or
intimidate).
61
An offence under section 1 of the Female Genital Mutilation Act 2003 (c 31) (female genital
mutilation).
62
An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).
63
An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl's
genitalia).
63A
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or
allowing a child or vulnerable adult to die or suffer serious physical harm).
63B
An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts).
63C
An offence under section 6 of that Act (training for terrorism).
63D
An offence under section 9 of that Act (making or possession of radioactive device or material).
63E
An offence under section 10 of that Act (use of radioactive device or material for terrorist
purposes etc).
63F
An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc).
64
An offence of-(a) aiding, abetting, counselling, procuring or inciting the commission of an offence
specified in this Part of this Schedule,
(b) conspiring to commit an offence so specified, or
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attempting to commit an offence so specified.
65
An attempt to commit murder or a conspiracy to commit murder.
Part 2
Specified Sexual Offences
66
An offence under section 1 of the Sexual Offences Act 1956 (c 69) (rape).
67
An offence under section 2 of that Act (procurement of woman by threats).
68
An offence under section 3 of that Act (procurement of woman by false pretences).
69
An offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse).
70
An offence under section 5 of that Act (intercourse with girl under thirteen).
71
An offence under section 6 of that Act (intercourse with girl under 16).
72
An offence under section 7 of that Act (intercourse with a defective).
73
An offence under section 9 of that Act (procurement of a defective).
74
An offence under section 10 of that Act (incest by a man).
75
An offence under section 11 of that Act (incest by a woman).
76
An offence under section 14 of that Act (indecent assault on a woman).
77
An offence under section 15 of that Act (indecent assault on a man).
78
An offence under section 16 of that Act (assault with intent to commit buggery).
79
An offence under section 17 of that Act (abduction of woman by force or for the sake of her
property).
80
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An offence under section 19 of that Act (abduction of unmarried girl under eighteen from parent
or guardian).
81
An offence under section 20 of that Act (abduction of unmarried girl under sixteen from parent or
guardian).
82
An offence under section 21 of that Act (abduction of defective from parent or guardian).
83
An offence under section 22 of that Act (causing prostitution of women).
84
An offence under section 23 of that Act (procuration of girl under twenty-one).
85
An offence under section 24 of that Act (detention of woman in brothel).
86
An offence under section 25 of that Act (permitting girl under thirteen to use premises for
intercourse).
87
An offence under section 26 of that Act (permitting girl under sixteen to use premises for
intercourse).
88
An offence under section 27 of that Act (permitting defective to use premises for intercourse).
89
An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse
with or indecent assault on girl under sixteen).
90
An offence under section 29 of that Act (causing or encouraging prostitution of defective).
91
An offence under section 32 of that Act (soliciting by men).
92
An offence under section 33 of that Act (keeping a brothel).
93
An offence under section 128 of the Mental Health Act 1959 (c 72) (sexual intercourse with
patients).
94
An offence under section 1 of the Indecency with Children Act 1960 (c 33) (indecent conduct
towards young child).
95
An offence under section 4 of the Sexual Offences Act 1967 (c 60) (procuring others to commit
homosexual acts).
96
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An offence under section 5 of that Act (living on earnings of male prostitution).
97
An offence under section 9 of the Theft Act 1968 (c 60) of burglary with intent to commit rape.
98
An offence under section 54 of the Criminal Law Act 1977 (c 45) (inciting girl under sixteen to
have incestuous sexual intercourse).
99
An offence under section 1 of the Protection of Children Act 1978 (c 37) (indecent photographs
of children).
100
An offence under section 170 of the Customs and Excise Management Act 1979 (c 2) (penalty
for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42
of the Customs Consolidation Act 1876 (c 36) (indecent or obscene articles).
101
An offence under section 160 of the Criminal Justice Act 1988 (c 33) (possession of indecent
photograph of a child).
102
An offence under section 1 of the Sexual Offences Act 2003 (c 42) (rape).
103
An offence under section 2 of that Act (assault by penetration).
104
An offence under section 3 of that Act (sexual assault).
105
An offence under section 4 of that Act (causing a person to engage in sexual activity without
consent).
106
An offence under section 5 of that Act (rape of a child under 13).
107
An offence under section 6 of that Act (assault of a child under 13 by penetration).
108
An offence under section 7 of that Act (sexual assault of a child under 13).
109
An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual
activity).
110
An offence under section 9 of that Act (sexual activity with a child).
111
An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).
112
An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).
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113
An offence under section 12 of that Act (causing a child to watch a sexual act).
114
An offence under section 13 of that Act (child sex offences committed by children or young
persons).
115
An offence under section 14 of that Act (arranging or facilitating commission of a child sex
offence).
116
An offence under section 15 of that Act (meeting a child following sexual grooming etc).
117
An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child).
118
An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to
engage in sexual activity).
119
An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence
of a child).
120
An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a
sexual act).
121
An offence under section 25 of that Act (sexual activity with a child family member).
122
An offence under section 26 of that Act (inciting a child family member to engage in sexual
activity).
123
An offence under section 30 of that Act (sexual activity with a person with a mental disorder
impeding choice).
124
An offence under section 31 of that Act (causing or inciting a person with a mental disorder
impeding choice to engage in sexual activity).
125
An offence under section 32 of that Act (engaging in sexual activity in the presence of a person
with a mental disorder impeding choice).
126
An offence under section 33 of that Act (causing a person with a mental disorder impeding
choice to watch a sexual act).
127
An offence under section 34 of that Act (inducement, threat or deception to procure sexual
activity with a person with a mental disorder).
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128
An offence under section 35 of that Act (causing a person with a mental disorder to engage in or
agree to engage in sexual activity by inducement, threat or deception).
129
An offence under section 36 of that Act (engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental disorder).
130
An offence under section 37 of that Act (causing a person with a mental disorder to watch a
sexual act by inducement, threat or deception).
131
An offence under section 38 of that Act (care workers: sexual activity with a person with a
mental disorder).
132
An offence under section 39 of that Act (care workers: causing or inciting sexual activity).
133
An offence under section 40 of that Act (care workers: sexual activity in the presence of a
person with a mental disorder).
134
An offence under section 41 of that Act (care workers: causing a person with a mental disorder
to watch a sexual act).
135
An offence under section 47 of that Act (paying for sexual services of a child).
136
An offence under section 48 of that Act (causing or inciting child prostitution or pornography).
137
An offence under section 49 of that Act (controlling a child prostitute or a child involved in
pornography).
138
An offence under section 50 of that Act (arranging or facilitating child prostitution or
pornography).
139
An offence under section 52 of that Act (causing or inciting prostitution for gain).
140
An offence under section 53 of that Act (controlling prostitution for gain).
141
An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).
142
An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).
143
An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).
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143A*
An offence under section 59A of that Act (trafficking for sexual exploitation).
144
An offence under section 61 of that Act (administering a substance with intent).
145
An offence under section 62 of that Act (committing an offence with intent to commit a sexual
offence).
146
An offence under section 63 of that Act (trespass with intent to commit a sexual offence).
147
An offence under section 64 of that Act (sex with an adult relative: penetration).
148
An offence under section 65 of that Act (sex with an adult relative: consenting to penetration).
149
An offence under section 66 of that Act (exposure).
150
An offence under section 67 of that Act (voyeurism).
151
An offence under section 69 of that Act (intercourse with an animal).
152
An offence under section 70 of that Act (sexual penetration of a corpse).
153
An offence of-(a) aiding, abetting, counselling, procuring or inciting the commission of an offence
specified in this Part of this Schedule,
(b) conspiring to commit an offence so specified, or
(c) attempting to commit an offence so specified.
* not yet in force (inserted by the Protection of Freedoms Act 2012)
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APPENDIX N
SCHEDULE 15B
OFFENCES LISTED FOR THE PURPOSES OF SECTIONS 224A, 226A AND 246A
Part 1
Offences Under the Law of England and Wales Listed for the Purposes of Sections 224A(1),
224A(4), 226A and 246A
The following offences to the extent that they are offences under the law of England and Wales-1
Manslaughter.
2
An offence under section 4 of the Offences against the Person Act 1861 (soliciting murder).
3
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
4
An offence under section 16 of the Firearms Act 1968 (possession of a firearm with intent to
endanger life).
5
An offence under section 17(1) of that Act (use of a firearm to resist arrest).
6
An offence under section 18 of that Act (carrying a firearm with criminal intent).
7
An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the
commission of the offence, the offender had in his possession a firearm or an imitation firearm
within the meaning of the Firearms Act 1968.
8
An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).
9
An offence under section 56 of the Terrorism Act 2000 (directing terrorist organisation).
10
An offence under section 57 of that Act (possession of article for terrorist purposes).
11
An offence under section 59 of that Act (inciting terrorism overseas) if the offender is liable on
conviction on indictment to imprisonment for life.
12
An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of
nuclear weapons).
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13
An offence under section 50 of that Act (assisting or inducing certain weapons-related acts
overseas).
14
An offence under section 113 of that Act (use of noxious substance or thing to cause harm or
intimidate).
15
An offence under section 1 of the Sexual Offences Act 2003 (rape).
16
An offence under section 2 of that Act (assault by penetration).
17
An offence under section 4 of that Act (causing a person to engage in sexual activity without
consent) if the offender is liable on conviction on indictment to imprisonment for life.
18
An offence under section 5 of that Act (rape of a child under 13).
19
An offence under section 6 of that Act (assault of a child under 13 by penetration).
20
An offence under section 7 of that Act (sexual assault of a child under 13).
21
An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual
activity).
22
An offence under section 9 of that Act (sexual activity with a child).
23
An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).
24
An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).
25
An offence under section 12 of that Act (causing a child to watch a sexual act).
26
An offence under section 14 of that Act (arranging or facilitating commission of a child sex
offence).
27
An offence under section 15 of that Act (meeting a child following sexual grooming etc).
28
An offence under section 25 of that Act (sexual activity with a child family member) if the
offender is aged 18 or over at the time of the offence.
29
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An offence under section 26 of that Act (inciting a child family member to engage in sexual
activity) if the offender is aged 18 or over at the time of the offence.
30
An offence under section 30 of that Act (sexual activity with a person with a mental disorder
impeding choice) if the offender is liable on conviction on indictment to imprisonment for life.
31
An offence under section 31 of that Act (causing or inciting a person with a mental disorder to
engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for
life.
32
An offence under section 34 of that Act (inducement, threat or deception to procure sexual
activity with a person with a mental disorder) if the offender is liable on conviction on indictment
to imprisonment for life.
33
An offence under section 35 of that Act (causing a person with a mental disorder to engage in or
agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on
indictment to imprisonment for life.
34
An offence under section 47 of that Act (paying for sexual services of a child) against a person
aged under 16.
35
An offence under section 48 of that Act (causing or inciting child prostitution or pornography).
36
An offence under section 49 of that Act (controlling a child prostitute or a child involved in
pornography).
37
An offence under section 50 of that Act (arranging or facilitating child prostitution or
pornography).
38
An offence under section 62 of that Act (committing an offence with intent to commit a sexual
offence) if the offender is liable on conviction on indictment to imprisonment for life.
39
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or
allowing the death of a child or vulnerable adult).
40
An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts).
41
An offence under section 9 of that Act (making or possession of radioactive device or materials).
42
An offence under section 10 of that Act (misuse of radioactive devices or material and misuse
and damage of facilities).
43
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An offence under section 11 of that Act (terrorist threats relating to radioactive devices, materials
or facilities).
44
(1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this
Schedule ("a listed offence") or murder.
(2) Conspiracy to commit a listed offence or murder.
(3) Incitement to commit a listed offence or murder.
(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence
or murder is the offence (or one of the offences) which the person intended or believed would be
committed.
(5) Aiding, abetting, counselling or procuring the commission of a listed offence.
Part 2
Further Offences Under the Law of England and Wales Listed for the Purposes of Sections
224A(4), 226A and 246A
45
Murder.
46
(1) Any offence that-(a) was abolished (with or without savings) before the coming into force of this Schedule,
and
(b) would, if committed on the relevant day, have constituted an offence specified in Part 1
of this Schedule.
(2) "Relevant day", in relation to an offence, means-(a) for the purposes of this paragraph as it applies for the purposes of section 246A(2), the
day on which the offender was convicted of that offence, and
(b) for the purposes of this paragraph as it applies for the purposes of sections 224A(4) and
226A(2), the day on which the offender was convicted of the offence referred to in section
224A(1)(a) or 226A(1)(a) (as appropriate).
Part 3
Offences Under Service Law Listed for the Purposes of Sections 224A(4), 226A and 246A
47
An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or
section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence
(within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule.
48
(1) An offence under section 42 of the Armed Forces Act 2006 as respects which the
corresponding offence under the law of England and Wales (within the meaning given by that
section) is an offence specified in Part 1 or 2 of this Schedule.
(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the
purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the
following provisions of that Act were a reference to this paragraph.
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Part 4
Offences Under the Law of Scotland, Northern Ireland or a Member State Other than the
United Kingdom Listed for the Purposes of Sections 224A(4) and 226A
49
An offence for which the person was convicted in Scotland, Northern Ireland or a member State
other than the United Kingdom and which, if committed in England and Wales at the time of the
conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.
Part 5
Interpretation
50
In this Schedule "imprisonment for life" includes custody for life and detention for life.
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EQUALITY IMPACT ASSESSMENT
PSI 39 / 2012 – Sentence Calculation – Determinate Sentence Prisoners
Stage 1 – initial screening
The first stage of conducting an EIA is to screen the policy to determine its relevance to the various
equalities issues. This will indicate whether or not a full impact assessment is required and which
issues should be considered in it. The equalities issues that you should consider in completing this
screening are:







Race
Gender
Gender identity
Disability
Religion or belief
Sexual orientation
Age (including younger and older offenders).
Aims
What are the aims of the policy?
The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 received Royal Assent
on 1 May 2012 and the provisions it contains relating to the release and recall of prisoners come
into force on 3 December 2012. These statutory changes will affect the way prisoners’ sentences
are calculated.
It is necessary to issue this PSI in order to inform prison staff how the new LASPO Act will affect
the way in which prisoners’ sentences are calculated, administered and integrate with pre-existing
sentences.
The principal objective behind the LASPO Act release provisions is to simplify, consolidate and
clarify the current legislation that governs how prisoners’ sentences are calculated. It does this by
bringing the current provisions together so that they are all contained within the Criminal Justice
Act 2003 – subject to a few modifications.
Currently, the release provisions are scattered across a number of different statutes and
secondary legislation, and have been amended several times over the years. A number of
provisions have also been repealed but saved in respect of certain categories of prisoner and
subject to convoluted transitional arrangements. This has created a very complex regime which
causes confusion as to how all the provisions should fit together. This can create particular
difficulty when trying to calculate sentences, especially in cases where there are a number of
different sentences in play which are subject to different statutory provisions.
The main intention of this part of the LASPO Act, therefore, is to ensure that, in future, there is only
one piece of legislation that governs the release of all determinate sentence prisoners – i.e. the
Criminal Justice Act 2003. Going forward, offenders sentenced after commencement of these
provisions will all be subject to the 2003 Act release regime regardless of the date of their
offences.
Those sentenced before commencement, however, will continue to be released under the
arrangements that currently apply (e.g. prisoners released under the 1991 Act who are on licence
until the ¾ point in their sentence) – it is simply that the provisions for this will instead all be
contained within the 2003 Act.
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In general, therefore, the LASPO Act does not significantly change the current release and recall
arrangements. It should make the legislation easier to understand and more straight-forward to
administer.
In addition, the previous Sentence Calculation instruction – PSO 6650 – is a few years’ old and
has been amended by a number of subsequent PSIs. These now need to be consolidated into a
single instruction and updated to take account of the LASPO Act changes. Again, this is not about
introducing new policies – the PSI does not significantly change prisoners’ sentences or the way in
which they are calculated – but more about providing staff with a single up-to-date instruction that
contains everything they need to know about calculating sentences (rather than having to refer to a
number of different PSOs and PSIs).
Effects
What effects will the policy have on staff, offenders or other stakeholders?
The changes will not greatly affect the work of prison and probation staff; nor will they significantly
change the release and recall arrangements that currently apply to offenders. The overall purpose
and effect of the new provisions is to simplify, consolidate and clarify the existing legislation rather
than introduce an entirely new release and recall regime. The legislation should become easier to
understand and more straight-forward to administer – and this should be welcomed by staff and
other stakeholders, especially the judiciary who have been calling for the legislation in this area to
be simplified. It should also lead to less confusion about how the provisions apply and for that
reason should be clearer for prisoners and result in fewer legal challenges to the law in this area.
There will be some initial work to do to read and put in place arrangements for using the new PSI –
ensuring that all staff involved in the calculation of sentences are applying the current instructions
and have noted in particular the modifications made by the LASPO Act. But once staff are familiar
with the new PSI (which is not vastly different to the instructions they have been used to using),
they should find it easier and simpler to apply.
Sentence calculation training material and courses have been updated as well to take account of
the LASPO changes and to reflect the instructions in this new PSI.
The LASPO Act and new PSI do not on the whole change prisoners’ sentences in terms of how
long they have to serve or how their sentences are administered, so offenders should not notice
any particular change as a result. Some may find it easier to understand their sentences and how
multiple sentences fit together.
The main change will be for dangerous offenders who will receive a new Extended Determinate
Sentence (EDS) – if convicted after 3 December 2012 – rather than an IPP or EPP sentence under
the previous provisions of the 2003 Act. The release arrangements for EDS sentences are different
in that prisoners will serve a minimum of two-thirds of their custodial term in prison. Release at that
point will either be automatic or, in the most serious cases, at the discretion of the Parole Board up
until the end of the custodial term. The new Sentence Calculation PSI therefore covers how such
sentences are to be calculated and provides examples – including for cases where an EDS is
combined with other sentences. This will enable prison staff and offenders to properly understand
how such sentences are to operate – being clear about when release will occur and how long the
licence will run for etc.
The main change for the courts (apart from the new EDS sentence on which they are receiving
training and guidance) will be that magistrates and judges will no longer be required to direct how
much remand time is to count towards an offender’s sentence. Instead, the remand time will be
calculated and applied administratively by prisons. In practice this will not create any extra work as
prisons already have to calculate remand time in order to inform the court, so, in fact, this will cut
out part of the process. It will relieve the courts of this burden and avoid mistakes in sentences
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being made and having to be corrected later by the courts - as the correct amount of remand time
can be sorted out administratively by prisons. Again, this is all part of making the law in this area
simpler and easier to apply – it will not change the amount of remand time offenders are entitled to
receive.
Evidence
Is there any existing evidence of this policy area being relevant to any equalities issue?
Identify existing sources of information about the operation and outcomes of the policy, such as operational
feedback (including local monitoring and impact assessments)/Inspectorate and other relevant
reports/complaints and litigation/relevant research publications etc. Does any of this evidence point towards
relevance to any of the equalities issues?
No, there is no existing evidence that suggests the legislation as it applies to prisoners’ sentences,
how they are calculated, or when and how they are released etc has a differential impact on any
particular group or is of particular relevance to any equalities issue. The legislation applies equally
and across the board to all sentences – so any offender who is sentenced or released after these
changes come into effect will be subject to the legislation as amended.
All sentences must be calculated in accordance with the legislation and policy instructions in the
PSI. There is no discretion to adopt or apply a different approach in particular cases so no reason
why the instructions would have a differential impact on any particular group.
The current legislation has attracted a fair amount of litigation, but this mainly reflects the
complexity of the current provisions and the fact they are more susceptible to challenge because
they are insufficiently clear. The litigation in this area has not suggested the release and recall
provisions have an impact or particular relevance to any of the protected characteristics.
Stakeholders and feedback
Describe the target group for the policy and list any other interested parties. What contact have
you had with these groups?
The amendments to the legislation and associated instructions are intended to provide greater
clarity to all those working in and involved with the criminal justice system and the release and
recall of prisoners in particular. All offenders who receive a custodial sentence will have their
sentences calculated in accordance with this updated and consolidated PSI. The instruction itself
is aimed at prison staff responsible for undertaking those calculations and will provide a single
source of reference for them on how this is to be done.
Operational Prison Service colleagues with knowledge and experience of sentence calculations
have been invited to review and comment on the new instruction to ensure it makes sense to them
and will be clear and useable for sentence calculation staff in prisons.
MoJ legal advisers have also been very closely involved in the development of the instruction, to
ensure that it fully and accurately reflects the legislation. The PSI takes account of their input and
comments.
Colleagues in NOMS responsible for IT systems – NOMIS in particular – have been notified of the
changes and we have been working with them to ensure that the correct codes etc are in place
and that prison systems take account of the changes. For example, new codes have been required
for Extended Determinate Sentences and will ensure that IT systems properly record and provide
the necessary management information about how this new type of sentence is used.
We have also been working with the trainers who deliver sentence calculation training to ensure
that their material and courses are up to date and reflect the LASPO Act changes.
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All offenders who are given a sentence of imprisonment are subject to the same release and recall
arrangements – depending on the type and length of sentence they are given and the nature of
their offences – and where those arrangements have been affected by the LASPO Act the
amended provisions will apply.
For example, all offenders who receive a sentence of 4 years or more will be statutorily excluded
from HDC (where currently they are ‘presumed unsuitable’ as a matter of policy). Or, for offenders
who have been remanded to custody prior to receiving their sentence, they will have their remand
time calculated and applied administratively by the prison rather than directed by the sentencing
court as now. The LASPO Act also lifts some of the current statutory restrictions on which
offenders can be given a ‘fixed term’ 28 day recall. However, none of these changes are directed
at or will affect any particular group.
The statutory changes contained in the LASPO Act were the subject of a wide public consultation
before the provisions were introduced to Parliament. Broad proposals for change – including the
plans to simplify the current release and recall legislation – were set out in the Government’s
Green Paper ‘Breaking the Cycle: Effective punishment, rehabilitation and sentencing of
offenders’.
The proposals on the release legislation were generally welcomed by those who responded. The
senior judiciary were also involved in the development of these changes – given their interest in
and concerns with the current legislation – and they also supported the approach.
The provisions were taken through Parliament and approved by both Houses, without amendment.
Do you have any feedback from stakeholders, particularly from groups representative of the
various issues, that this policy is relevant to them?
Practitioners working in the Criminal Justice System – in particular prison staff responsible for
calculating and administering prisoners’ sentences and the judiciary who have had to consider
challenges brought before them by prisoners – have complained about the complexity of the
existing provisions. We have talked to them about how greater clarity could be achieved and taken
on board their views.
The fact that the legislation governing release and recall is being simplified and clarified should
generally be welcomed by prisoners and stakeholders – although, in practice, it will not significantly
change the current arrangements so prisoners are unlikely to feel any better or worse off than they
are now.
Impact
Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders on
the basis of any of the equalities issues?
No. The LASPO Act changes and instructions on sentence calculation will apply equally to all
prison sentences and all prisoners. There is no reason or evidence to suggest that the changes will
have a differential impact on different groups or that any equalities issues are likely to be engaged.
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Local discretion
Does the policy allow local discretion in the way in which it is implemented? If so, what
safeguards are there to prevent inconsistent outcomes and/or differential treatment of different
groups of people?
No, the instructions are based on the legislation, and amendments to that legislation, that apply to
all sentences – the LASPO Act provisions must be applied consistently to all prisoners in England
and Wales and there is no scope for local discretion. Nor is there any local discretion in the way
that sentences are to be calculated in line with the instructions in the PSI – all prisons must follow
the statutory and mathematical requirements set out according to the type and length of
sentence(s) that are being calculated.
Summary of relevance to equalities issues
Strand
Race
Gender (including gender
identity)
Disability
Religion or belief
Sexual orientation
Age (younger offenders)
Age (older offenders)
Yes/No
Rationale
No
The legislation applies to all prison sentences and does
not have a differential impact.
No
The legislation applies to all prison sentences and does
not have a differential impact.
No
The legislation applies to all prison sentences and does
not have a differential impact.
No
The legislation applies to all prison sentences and does
not have a differential impact.
No
The legislation applies to all prison sentences and does
not have a differential impact.
No
The legislation applies to all prison sentences and does
not have a differential impact.
No
The legislation applies to all prison sentences and does
not have a differential impact.
If you have answered ‘Yes’ to any of the equalities issues, a full impact assessment must be completed. Please
proceed to STAGE 2 of the document.
There is no indication that the changes to the release and recall legislation introduced by the
LASPO Act will lead to different outcomes for any particular group; indeed they should improve the
position generally for prisoners by simplifying and clarifying the current legislation.
A comprehensive Impact Assessment was produced and published with the LASPO Bill confirming
that consideration had been given to equalities issues and that the provisions had been assessed
as not creating any differential or discriminatory impacts.
Otherwise, the Sentence Calculation PSI mainly updates and consolidates existing instructions
and does not introduce anything new or different that is likely to impact on any equalities issues
either.
Therefore, we believe this instruction can be issued without proceeding to stage 2 of the EIA.
PSI 13/2013
UNCLASSIFIED
ISSUE DATE xx/04/2013
UNCLASSIFIED
EIA
PAGE 172
If you have answered ‘No’ to all of the equalities issues, a full impact assessment will not be required, and this
assessment can be signed off at this stage. You will, however, need to put in place monitoring arrangements to
ensure that any future impact on any of the equalities issues is identified.
Monitoring and review arrangements
Describe the systems that you are putting in place to manage the policy and to monitor its
operation and outcomes in terms of the various equalities issues.
A series of workshops for practitioners have been arranged for early 2013 to ensure that the new
PSI and LASPO Act changes have been understood and are being properly implemented by staff
responsible for sentence calculations. These events will also provide an opportunity to receive
feedback on how the instruction has been operating and whether it has raised any issues or
concerns – for staff, prisoners or other stakeholders.
In addition, the MOJ runs very active release policy and sentence calculation helplines taking calls
and correspondence from prisoners and their representatives and from practitioners. We will
monitor overall how implementation of the LASPO Act release changes is achieved and respond to
any unforeseen issues or difficulties. This will primarily be done through the helplines which enable
us swiftly to receive feedback and questions from staff and will identify any areas that may require
further work or raise equalities issues.
We will also monitor any litigation arising from the changes and will be closely involved in
responding to any challenges or JRs – this will enable us to review whether such challenges
indicate the changes are having a particular impact on equalities issues.
State when a review will take place and how it will be conducted.
Any issues identified in the course of the Sentence Calculation workshops will be picked up in
early 2013.
Feedback via the helplines will be ongoing, as will monitoring of any litigation arising from the
changes. A review of progress and success with implementation of the LASPO Act changes, and
Sentence Calculation practices in particular, will be considered if that feedback indicates that such
a review is necessary.
Policy lead
Head of group
PSI 13/2013
Name and signature
Date
Steve Bailey
16 November 2012
Helen Judge
4 December 2012
UNCLASSIFIED
ISSUE DATE xx/04/2013