SENTENCE CALCULATION – DETERMINATE SENTENCED PRISONERS
This instruction applies to:-
Reference:-
Prisons
PSI 03/2015
Issue Date
15 July 2015
(Revised)
Issued on the
authority of
For action by
Effective Date
Implementation Date
01 February 2015
Expiry Date
31 January 2019
NOMS Agency Board
All staff responsible for the development and publication of policy and
instructions;
NOMS HQ
Public Sector Prisons
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 03/2015 –Sentence Calculation – Determinate Sentenced
Prisoners – along with the operational guidance attached was first issued
on 1 February 2015 in order to incorporate the new legislative provisions
of the Offender Rehabilitation Act 2014 which require prisoners who;
committed their offence on or after 01/02/2015, who are sentenced to a
determinate sentence of at least 2 days but less than 2 years and who are
aged 18 years or more at the half way point of the sentence; to be released
on licence to the end of the sentence with an additional period of Post
Sentence Supervision, the purpose of which is to ensure that all such
offenders are supervised for a period of 12 months.
Update 16 July 2015 -This re-issue of the PSI is to reflect two further
pieces of legislation that affect the calculation of release dates:
1)
Contact
The Criminal Justice and Courts Act 2015 (CJ&CA 2015)which was
implemented on 13 April 2015and which made changes to the
release points of certain Extended Determinate Sentences (EDS) in
addition to introducing a new type of sentence for “offenders of
particular concern”. The EDS change is NOT retrospective.
2)
The Serious Crime Act 2015 (SCA 2015) which will be implemented
on 1 June 2015 and which makes changes to the release points of
those terms of imprisonment imposed in default of payment of
confiscation orders of £10 million or more.
Sentencing Policy and Penalties Unit, 102 Petty France, London, SW1H
9AJ - Victoria Amat – 07775 010493 or 0203 334 4682 - Helen Scott –
07799 478603 or 0203 334 5045
Fax: 0870 739 5888 or 0870 739 4062
PSO 6700 – Home Detention Curfew (and associated PSIs)
Associated
PSI 16/2010 - Confiscation Orders
documents
PSI 73/2011 - Prison NOMIS
PSI 47/2011 - Prisoner Discipline Procedures
PSI 37/2012 - Supervision of Young Offenders
PSI 37/2013 - NOMS Finance Manual
PSI 30/2014 Recall, Review, Re-Release of Recalled Offenders
Replaces the following documents which are hereby cancelled: The previous version of this
PSI 03/2015 – Sentence Calculation Determinate Sentenced Prisoners – issued on 1 February
2015 and its attached operational guidance.
Audit/monitoring: Mandatory elements of instructions must be subject to management checks
(and may be subject to self or peer audit by operational line management) as judged to be
appropriate by the managers with responsibility for delivery. In addition, NOMS will have a
corporate audit programme that will audit against mandatory requirements to an extent and at a
frequency determined from time to time through the appropriate governance.
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly
adhered to.
PAGE 1
CONTENTS
Hold down ‘Ctrl’ and click on section titles below to follow link
Section
1
1.2
1.5
1.6
1.8
1.10
1.12
1.13
1.22
1.31
2
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
Where the
Remand/Tagge
PSI 03/2015
Subject
Executive Summary
Background
Exclusions from Post Sentence Supervision
Exclusions from release on licence
Special Custodial Sentences for Offenders of Particular
Concern (SOPC)
Ending Automatic release at the two thirds point of
Extended Determinate Sentences (EDS)
Desired outcomes
Mandatory actions
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
Mistakes by the Sentencing Court
Remand to Custody, Remand on Tagged Bail and
Police Detention Time
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
For reference by
All prison staff who
are responsible for
sentence
calculations
All prison staff who
are responsible for
sentence
calculations
UPDATE ISSUED15/07/2015
PAGE 2
d Bail time
Extinguishes
the Custodial
Part of a
Sentence
4.12
4.13
4.14
Chapter 5
5.1
5.2
5.3
5.4`
5.5
5.6
5.7
5.8
5.9
5.10
5.11
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
PSI 03/2015
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
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
Post Sentence Supervision
Breach of Post Sentence Supervision
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
Consecutive 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
All prison staff who
are responsible for
sentence
calculations
UPDATE ISSUED15/07/2015
PAGE 3
7.8
7.9
7.10
7.11
Chapter 8
8.1
8.2
8.3
8.4
8.5
8.6
Chapter 9
9.1
9.2
9.3
9.4
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
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
Additional Days Awarded
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
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 a Special Custodial Sentence for
Offenders of Particular Concern (SOPC)
Multiple Special Custodial Sentences for Offenders of
10.5
11.3
PSI 03/2015
All prison staff who
are responsible for
sentence
calculations
UPDATE ISSUED15/07/2015
PAGE 4
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
Chapter 12
12.1
12.2
12.3
12.4
Chapter 13
13.1
13.2
13.3
13.4
Chapter 14
14.1
14.2
14.3
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
PSI 03/2015
Particular Concern.
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 a Section 236A SOPC with a Standard
Determinate Sentence (SDS)
Interaction of a Section 236A SOPC with a Section
226A or 226B Extended Determinate Sentence (EDS)
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
Time spent in custody prior to Court Martial
Court Martial Appeals
Service Civilian Court Appeals
Special Remission
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
General Remarks
Calculating the Release Date
Remand and Credit for Time Spent on Tagged Bail
Additional Days
Post Sentence Supervision
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
All prison staff who
are responsible for
sentence
calculations
UPDATE ISSUED15/07/2015
PAGE 5
15.10
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
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
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
Schedule 18A – Offences listed for the Purposes of
Section 236A
15.11
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
Appendix C
Appendix D
Appendix E
Appendix N
Appendix O
PSI 03/2015
All prison staff who
are responsible for
sentence
calculations
All prison staff who
are responsible for
sentence
calculations
UPDATE ISSUED15/07/2015
PAGE 6
1.
Executive Summary
1.1
This PSI originally issued on 1 February 2015 replaced PSI 13/2013 and the Operational
Guidance of that PSI in order to update the guidance to include new instructions for
calculating the release dates of standard determinate sentences of at least one day but less
than 2 years, imposed for offences committed on or after the implementation of the
provisions of the Offender Rehabilitation Act 2014 (ORA 2014). It has been revised and reissued in order to take account of the provisions in the Criminal Justice and Courts Act
2015, which end automatic release for those sentenced to an Extended Determinate
Sentence (EDS) on or after 13 April 2015 and introduce a new Special Custodial Sentence
for Offenders of Particular Concern (SOPC), and the provisions in the Serious Crime Act
2015 which end automatic release for those offenders made subject to a confiscation order
on or after 1 June 2015 where the confiscation order is for £10 million or more. 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 on a licence expiring at the
correct time according to the relevant legislation. The particular amendments giving rise to
the re-issue of the PSI can be found in Chapters 11 and 16 of the attached operational
guidance
Background
1.2
This PSI was originally issued on 1 February 2015 in order to reflect that:
On 9 May 2013 the Ministry of Justice published the response to a consultation entitled
‘transforming rehabilitation: A strategy for Reform, in which, the Government’s intention to
extend statutory supervision in the community to those offenders released from short
custodial sentences was confirmed. Provisions in the Offender Rehabilitation Act 2014
(ORA 2014) amend the release provisions of the Criminal Justice Act 2003 and apply new
arrangements for release on licence to those offenders who have committed their offence
on or after 01/02/2015 and are serving a standard determinate sentence of more than 1 day
but less than 12 months. The provisions also introduce new supervision arrangements for
offenders who have committed their offence on or after 01/02/2015 and who are released
from a standard determinate sentence of less than 2 years so that all offenders sentenced
to one day or more are supervised in the community for at least 12 months.
1.3
The changes that affect sentence calculation are in respect of the following:
Offenders serving a Standard Determinate Sentence (SDS),a term of Detention in a
Young Offender Institution (DYOI), or a term imposed under Section 91, who are
aged 18 years or over at the half way point of such a sentence/term and

The sentence or term has been imposed for an offence committed on or after
01/02/2015then:-

Where the SDS or term is one of at least 2 days but less than 12 months – they will
have a Conditional Release Date (CRD) at the half way point instead of an
Automatic Release Date (ARD),and a Sentence & Licence Expiry Date (SLED
instead of a Sentence Expiry Date (SED) ;

Where the SDS or term is one of at least 2 days but less than 2 years - in addition
to the CRD and SLED, they will have a Top Up Supervision End Date (TUSED)
which will be 12 months after the half way point of the sentence (as adjusted by
Unlawfully at Large time (UAL) and remand);

Offenders serving less than 12 months who are released on licence to a SLED and
who breach the conditions of the licence may be recalled from licence by PPCS as
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 7
a Fixed Term Recall (FTR). An FTR issued for such offenders will be for 14 days
and must be served in full. (28 day FTR’s still apply to offenders serving 12 months
or more);



An offender breaching the Post Sentence Supervision (I.E the breach occurs
between the SLED – or appropriate LED - and the TUSED) will be liable to be
returned to custody by the courts for a period of up to 14 days. Such a period is to
be served in full and release from that period will be on anything extant from the
original supervision notice;
DTOs
DTOs are still single termed with one another and have a Mid Transfer Date (MTD),
Sentence & Licence Expiry Date (SLED), Latest Transfer Date (LTD) and Earliest
Transfer Date (ETD).
Where the single term is one of less than 24 months, the offence, or an offence
within the single term, was committed on or after 01/02/2015 and the offender is
aged 18 years or over at the MTD (as adjusted by any UAL), a TUSED will need to
be calculated 12 months from the date of the MTD.
1.4
The release arrangements for those offenders sentenced for offences committed prior to
01/02/2015 are NOT subject to Post Sentence Supervision and so they will NOT require a
TUSED. Where the sentence is one of less than 12 months for an offence committed prior
to 01/02/2015, there is no licence period on release; hence such prisoners will retain the
ARD and SED.
1.5
Those excluded from Post Sentence Supervision are:-
1.6
1.7

Offenders who are under 18 years of age at the half way point of their sentence (as
adjusted by UAL and remand);

Offenders serving a sentence of less than 2 years where the offence was committed
prior to 01/02/2015

Offenders serving terms/sentences of only 1 day;

Offenders serving an Extended Determinate Sentence (EDS);

Offenders serving terms in default (including confiscation orders) or civil terms.
Those excluded from release on licence are:
Offenders who are under 18 years of age at the half way point (as adjusted by
remand/tagged bail and any UAL) of an under 12 month Section 91 term;

Offenders serving sentences/terms of less than 12 months where the offence was
committed prior to 01/02/2015.
The PSI is being re-issued in order to reflect the implementation on 13 April 2015 of two
provisions in the Criminal Justice and Courts Act 2015 which:


PSI 03/2015
introduce a new type of sentence for “offenders of particular concern” (for certain
sexual offences against children and terrorist offences); and
end automatic release at the two thirds point of the custodial period for all Extended
Determinate Sentences imposed on or after 13 April 2015.
UPDATE ISSUED15/07/2015
PAGE 8
Special Custodial Sentence for Certain Offenders of Particular Concern
1.8
The provision which introduces a new type of determinate sentence - a Special Custodial
Sentence for Certain Offenders of Particular Concern (SOPC) – was made available for
courts to impose on or after 13/04/2015 where:



the offender is convicted of an offence listed in Schedule 18A to the CJA 2003,
the offence was committed when the offender was aged 18 or over,
the court impose a custodial sentence but does not impose an Extended
Determinate Sentence (EDS) or a Life Sentence.
The SOPC comprises a custodial term and a fixed period of one year for which the offender
is to be subject to licence. The custodial term and the year’s licence make up the
appropriate sentence commensurate with the seriousness of the offence(s).
1.9
1.10
The release arrangements for the SOPC will be eligibility for parole at the half-way point of
the custodial term and where parole is not authorised, release will be automatic once the
custodial term has been served in full. Release will be subject to licence and supervision
until the end of the aggregate of the custodial term and one year.
Ending Automatic Release at the two-thirds point of Extended Determinate
Sentences (EDS)
The second provision ends automatic release at the two-thirds point of the custodial period
for Extended Determinate Sentences (EDSs). The release arrangements for all EDSs
imposed on or after 13/04/2015 will be eligibility for consideration for release on parole at
the two-thirds point of the custodial period, with automatic release at the end of the
custodial period. Release will be on licence and subject to supervision until the end of the
aggregate of the custodial period and the extension period. These arrangements will apply
whatever the length of the custodial period and irrespective of whether the offence was a
Schedule 15B offence or not.
1.11
The amendment to the EDS is not retrospective. Therefore, there will be no requirement to
revisit those cases where the sentence was imposed before 13/04/2015. EDSs imposed
before 13/04/2015 where the custodial period was one of less than 10 years for a nonschedule 15B offence will retain their automatic Conditional Release Date (CRD) at the twothirds point of the custodial period.
1.12
The instructions reflecting the changes made by the CJ&CA 2015 can be specifically found
in the operational guidance at:
Chapter 5
Para
Chapter 11
Para
5.1.1 5.6.7
11.1.1
11.1.2
11.2 – all
11.3 – all
11.4.1
11.4.3
11.9 – all
11.10 – all
11.14.1
Ending Automatic Release at the half-way point for terms in default of payment of a
confiscation order of £10 million or more.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 9
1.13
With effect from 1 June 2015 provisions in the Serious Crime Act 2015 end automatic
release at the half-way point of terms of imprisonment imposed by the Crown Court in
respect of non-payment of confiscation ordersof £10 million or more. Any term of
imprisonment subsequently enforced by the magistrates court must be served in full
irrespective of the £ amount outstanding at the point that the magistrates court enforce the
term in default.
1.14
The instruction reflecting this change can be specifically found in the operational guidance
at:
Chapter 16
Para
16.2.16
16.3.5
Desired Outcomes
1.15 That determinate sentenced prisoners have their sentences calculated in accordance with
the legislation and policy as it applies following commencement of the Offender
Rehabilitation Act 2014, are lawfully detained in custody and are released on the correct
date.
Mandatory Actions
1.16
Governors must ensure that prisoners’ sentences are calculated correctly in accordance
with the order of the court and relevant legislation.
1.17
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.
1.18
Calculation staff must take particular note of the sections of the guidance relevant to the
changes made by ORA2014 that take effect from 01/02/2015, which are:
All SDSs, DYOIs and terms imposed under Section 91, of at least 2 days but less
than 12 months, for offences committed on or after 01/02/2015 (where the offender
is 18 years or more at the halfway point of the sentence) will be subject to licence
conditions on release. Therefore, they will have a CRD and SLED. – Chapter 5 of
the operational guidance refers. They will also have a TUSED – see the next bullet
point.

All SDSs, DYOIs, terms imposed under Section 91 and DTOs of at least 2 days but
less than 2 years, for offences committed on or after 01/02/2015 (where the
offender is 18 years or more at the halfway point of the sentence/term) will be
subject to a period of Post Sentence Supervision in accordance with Section 256A
of the CJA 2003. Therefore, they will have a Top Up Supervision Expiry Date
(TUSED) which will be 12 months from the date of the halfway point of the sentence
(as adjusted by UAL and remand where applicable). Chapter 5 of the operational
guidance refers.

A breach of licence conditions occurring before the SLED will be dealt with by the
Public Protection Casework Section (PPCS) in the Offender Management and
Public Protection Group (OMPPG). Where the sentence is one of less than 12
months, and PPCS wish to issue a Fixed Term Recall (FTR) it will be a 14 day
FTR.. The 14 day period is served in full and is calculated from the date of recall, or
where the offender is not in custody on the date of recall, will be calculated from the
first day of custody after the date of recall. Where the sentence is one of 12 months
or more a FTR will be the usual 28 days in existence before this PSI. Chapter 5 of
the operational guidance refers.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 10

A breach of the Post Sentence Supervision period (I.E where the breach occurs
between the SLED and the TUSED) will be dealt with by the courts. The court can:



make an order requiring the offender to carry out unpaid work or comply with
a curfew requirement;
Order the offender to pay a fine; or
Order the person to be committed to prison for a period not exceeding 14
days.
1.19
Where the court orders the offender to serve a period of up to 14 days, the period must
be served in full and release is on anything extant from the original Post Sentence
Supervision period. If release occurs after the TUSED, release will be unconditional.
1.20
Governors must ensure that all staff carrying out sentence calculations are competent to
do so.
1.21
Release dates must be calculated and checked within five working days of reception –
that being both first reception following sentence and reception on transfer.
1.22
Calculations must be checked 14 calendar days and 2 working days prior to release.
1.23
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.
1.24
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 rerelease date.
Statutory Provisions
1.25
The statutory provisions setting out the release arrangements for prisoners subject to
determinate sentences are all contained in the Criminal Justice Act 2003 (CJA 2003), as
amended by the Criminal Justice and Immigration Act 2008, the Legal Aid Sentencing and
Punishment of Offenders Act 2012, the Offender Rehabilitation Act 2014,the Criminal
Justice and Courts Act 2015 and the Serious Crime Act 2015.
1.26
Chapter 6 of Part 12 of the CJA 2003 will apply to all offenders except those provided for
by Schedule 20B of the CJA2003. Schedule 20B modifies Chapter 6 to preserve certain
provisions of the CJA 1991 and CJA 1967 that continue to apply to certain offenders.
1.27
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.
1.28
Remand directions made by the court prior to 3 December 2012 were made under
Section 240 of the CJA 2003.
1.29
The release of prisoners serving less than 12 months is governed by section 243A CJA
2003. Where the offence was committed before 01/02/2015 release is unconditional at the
half way point. Where the offence was committed on or after 01/02/2015 release is
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conditional at the half way point and the offender is on licence until the end of the sentence,
with a further period of Post Sentence Supervision under Section 256AA CJA 2003 which
expires 12 months after the half way point.
1.30
The release provisions for prisoners given an Extended Determinate Sentence (EDS) are
contained in section 246A CJA 2003.
1.31
The release provisions for prisoners given a Special Custodial Sentence for Certain
Offenders of Particular Concern (SOPC) are contained in section 244A of the CJA 2003.
1.32
The supervision requirements and enforcement arrangements for young adult prisoners
released from a DYOI or s91 sentence of less than 12 months where the offence was
committed before 01/02/2015, or they are under 18 years of age at the halfway point of the
less than 12 month sentence, are provided for, respectively, in sections 256B and 256C
CJA 2003.
1.33
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
1.34
There will be an initial resource impact for staff responsible for carrying out sentence
calculations who will need to take time to familiarise themselves with the new instructions
surrounding the release from EDSs imposed on or after 13 April 2015, the new SOPC
introduced by the Criminal Justice and Courts Act 2015 and the new release arrangements
for terms of imprisonment in default of payment of confiscation orders where the original
order made by the Crown Court was £10 million or more.
1.35
Following that initial familiarisation process, this PSI does not require any additional
resources to those already in place in respect of the calculation of release dates.
(Signed)
Digby Griffith
Director National Operational Services, NOMS
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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.
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Annex A
PRISON SERVICE INSTRUCTION
03/2015
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 03/2015 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, Re-Release of Recalled Offenders
PSI 30/2014
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 by the Criminal Justice and Immigration Act 2008, the Legal Aid Sentencing and
Punishment of Offenders Act 2012 (LASPO 2012), the Offender Rehabilitation Act 2014
(ORA 2014) and the Criminal Justice and Courts Act 2015. Prior to the 2012 amendments
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 which continue to apply to any sentences are now
incorporated in Schedule 20B of 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
Date Sentence
Imposed
Any date of
sentence
Date Offence
Committed
On or after
01/02/2015
Release Dates
Comments
CRD
Automatic Release at ½
way point.
SLED
On licence to end of
sentence.
TUSED
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Post Sentence
Supervision expires 12
months after ½ way
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Type of Sentence
Date Sentence
Imposed
Date Offence
Committed
Release Dates
Comments
point.
SDS
Less than 12 months
SDS
12 months but less
than 2 years
Any Date of
Sentence
Any date of
sentence
Prior to
01/02/2015
On or after
01/02/2015
ARD
Automatic Release at ½
way point.
SED
Release is unconditional
CRD
Automatic Release at ½
way point.
SLED
On licence to end of
sentence.
TUSED
SDS
12 months but less
than 2 years
SDS
2 years or more
SDS
12 months but less
than 4 years
SDS
4 years or more
Offence NOT in
Schedule 15
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Any date of
sentence
Any date of
sentence
Sentenced Prior to
03/12/2012
Sentenced Prior to
03/12/2012
Post Sentence
Supervision expires 12
months after ½ way
point.
Prior to
01/02/2015 and
on or after
04/04/05
CRD
Automatic Release at ½
way point.
SLED
On licence to end of
sentence.
On or after
04/04/05
CRD
Automatic Release at ½
way point
SLED
On licence to end of
sentence.
CRD
Automatic Release at ½
way point.
LED
On licence to ¾ point.
SED
End of sentence
CRD
Automatic Release at ½
way point.
SLED
On licence to end of
sentence.
Prior to 04/04/05
Prior to 04/04/05
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Type of Sentence
SDS
4 years or more
Offence in Schedule
15
Date Sentence
Imposed
Sentenced Prior to
03/12/2012
Date Offence
Committed
Prior to 04/04/05
Release Dates
Comments
PED
Eligible for discretionary
release by the Parole
Board at ½ way point.
NPD
LED
SED
SOPC
Special custodial
Sentence for Certain
Offenders of
Particular Concern
Section 236A
Sentenced on or
after 13/04/2015
Any Date of
Offence
Convicted On or
After 03/12/2012
but sentenced
before 13/04/2015
Any Date of
Offence
All Extended
Determinate
Sentence
Section 226A or
226B imposed on or
after 13/04/2015 and
where imposed
before 13/04/2015
those EDS 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
and ALL EDSs
imposed on or after
13/04/2015
Any Date of
Offence
Sentenced On or
After 14/07/08
Convicted before
03/12/12
On or After
04/04/05
End of sentence
Eligible for discretionary
release by the Parole
Board at ½ way point of
the custodial term.
CRD
Automatic Release at the
end of the custodial term.
CRD
On licence to the end of
the aggregate of the
custodial term + one
year.
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.
CRD
SLED
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On licence to ¾ point
PED
SLED
Extended
Determinate
Sentence
Section 226A or
226B
Where custodial
period is both less
than 10 years AND is
NOT for a
Schedule 15B
offence
Automatic Release at ⅔
point.
Automatic Release at ½
way point of custodial
period.
On licence to end of
sentence.
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Type of Sentence
Extended Sentence
Section 227 or 228
Extended Sentence
Section 85 Where
custodial
period is less than
12 months
Extended Sentence
Section 85 Where
custodial period is
12 months but less
than 4 years
Extended Sentence
Section 85 Where
custodial period is
4 years or more.
Extended Licence
Section 86 or 44
12months but less
than 4 years
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Date Sentence
Imposed
Sentenced Prior to
14/07/08
Convicted prior to
03/12/12
Date Offence
Committed
On or After
04/04/05
Prior to 04/04/05
Release Dates
Comments
PED
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.
CRD
LED
Convicted prior to
03/12/12
Prior to 04/04/05
SED
CRD
LED
Convicted prior to
03/12/12
Convicted prior to
03/12/12
Prior to 04/04/05
Prior to 30/09/98
SED
PED
Automatic Release at ½
way point of custodial
period.
On licence to end of
custodial period +
extension period.
End of sentence
Automatic Release at ½
way point of custodial
period.
On licence to ¾ point of
custodial period +
extension period.
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
LED/SED
On licence to end of
sentence.
Automatic Release at ½
way point of sentence.
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Type of Sentence
Extended Licence
Section 86 or 44
4 years or more
2.3.2
Date Sentence
Imposed
Convicted prior to
03/12/12
Date Offence
Committed
Prior to 30/09/98
Release Dates
Comments
PED
Eligible for discretionary
release by the Parole
Board at ½ way point of
sentence.
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
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 sentences subject to the
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1967 Act release provisions. 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
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 on or 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 of Recalled Offenders PSI 30/2014.
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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, whether release from an under 12 month sentence is on licence or
not and whether Post Sentence Supervision applies to those sentences of less than
2 years.
(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
inrespect 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
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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.
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.
3.4
Release Direct from Court
3.4.1
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 along with a copy of the appropriate licence to which the offender will be
subject. Any delay may result in the prisoner being returned to the establishment and a
claim for unlawful detention.
3.5
Required Checks
3.5.1
Members of staff responsible for checking calculations must be competent to carry out the
sentence calculation role.
3.5.2
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.
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14 Day Check.
3.5.3
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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2 Day Check
3.5.4
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.
3.6Mistakes by the Sentencing Court
3.6.1
Magistrates’ Courts have the power to re-open a case at any time after sentencing in order
to rectify mistakes. Crown Courts have the power to rectify mistakes only within 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.
3.6.2
It is not the function of the Prison Service to check the validity of sentences. However,
where a warrant or sentence is ambiguous, or appears to be invalid, the sentencing court
must be contacted without delay so that it has 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.
3.6.3
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 (where
applicable) 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
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4.2.7
Further examples of when remand time can be considered as a ‘relevant period’ are set out
in APPENDIX C.
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 A 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 litigation, 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.
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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
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)
4.5.6
4.6
4.6.1
.
4.6.2
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.
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 is being claimed and the second form
must be sent to the relevant police station(s) for confirmation of the time.
The effect of a ‘relevant period’ on a sentence
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
The way in which a relevant period affects a sentence is illustrated by the following
examples:
EXAMPLE 1
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(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.
S
CRD
SLED
365 days
365 days
10/12/2012
09/12/2013
09/12/2014
(A2) Same sentence as above but 30 days relevant time applicable.
S
SLED
CRD
335 days
10/12/2012
09/11/2014
365 days
09/11/2013
(B1) Prisoner sentenced to 2 years on 1 October 2009 for an offence committed prior
to 04/04/05. No relevant time.
S
01/10/09
CRD
365 days
LED
183 days
30/09/2010
01/04/2011
SED
182 days
30/09/2011
(B2) Same sentence as in B1 but 30 days relevant time applied
S
SED
182 days
CRD
335 days
01/10/09
LED
183 days
31/08/10
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
4.7.1
Examples of What ‘Relevant Time’ is Applicable in Different Sentence Scenarios
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
4.8.1
Single Sentences and Remand
The following examples illustrate cases in which there is a single custodial sentence:
EXAMPLE 2
Rx
X
Not Guilty
Y
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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.
EXAMPLE 3
100 days
(time served)
RXS1
120 day sentence
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
B
Y
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S1
2 years consec to S1
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Rx
S2
The total of period X and period Y will count towards the aggregate of 8 months 2 years.
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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
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
Y
Rx
B
S1
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 instead of period X).
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
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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.
4.11
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 14 days where the recall is on an
under 12 month sentence and up to 28 days where the recall is on a sentence of 12 months
or more, will be offset against the overall sentence and will reduce the SED/SLED, but must
not be offset against the 14 or 28 days that are required to be served in custody by the
FTR.
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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 the 14 or 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 in the paragraph above 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,
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 or the
Special Custodial Sentence for Certain Offenders of Particular Concern (SOPC). Extended
Sentences and the SOPC 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:•



•


•
Sentences imposed on or after 3 December 2012 –
All sentences of 2 years or more irrespective of date of offence
Less than 2 years for an offence committed on or after 01/02/2015
Less than 2 years for an offence committed before 01/02/2015
Sentences imposed before 3 December 2012 but on or after 1 October 1992for 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
5.3.1
Post Sentence Supervision.
Following implementation of the Offender Rehabilitation Act 2014 (ORA 2014), all
prisoners (except those listed in Paragraph 5.3.4 below) who are released from a SDS
where the offence was committed on or after 01/02/2015 will be subject to supervision for
at least 12 months. The 12 month period will comprise a licence period (between CRD and
SLED) and a Post Sentence Supervision Period (between SLED and the TUSED – See
Para 5.3.3 below for meaning of TUSED)
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5.3.2
For the purposes of Post Sentence Supervision, the reference to SDS (subject to the
exclusions in Paragraph 5.3.4) includes; terms of Detention in a Young Offender Institution
(DYOI), terms imposed under Section 91 and DTOs.
5.3.3
Because all sentences of 2 years or more imposed on or after 3 December 2012 already
have a licence period that lasts at least 12 months, in practice, the provisions of the ORA
2014 apply to sentences of at least 2 days but less than 2 years imposed for offences
committed on or after 01/02/2015. Release from such sentences will be conditional at the
½ way point of the sentence (CRD) on a licence expiring at the end of the sentence
(SLED) with an additional period of supervision that will expire 12 months from the ½ way
point of the sentence (as adjusted by remand/tagged bail and any relevant UAL). This new
expiry date will be known as the Top Up Supervision Expiry Date (TUSED).
5.3.4
Prisoners excluded from Post Sentence Supervision are:
Those sentenced to 1 day

Those serving an Extended Sentence

Those sentenced for on offence committed prior to 01/02/2015

Those who are under the age of 18 years at the half way point of the sentence as
adjusted by remand/tagged bail and UAL.

Those serving terms in default (including terms in default of a confiscation order).

Those serving civil terms of imprisonment.
5.4
Breach of Post Sentence Supervision (BOTUS)
5.4.1
Where an offender breaches the period of Post Sentence Supervision (between SLED and
TUSED, the Court are responsible for dealing with the breach. They can:
i.
ii.
iii.
make an order requiring the offender to carry out unpaid work or comply with a
curfew requirement;
Order the offender to pay a fine; or
Order the person to be committed to prison for a period not exceeding 14 days.
5.4.2
Where the court orders the offender to serve a period of up to 14 days, the period must be
served in full and release is on anything extant from the original Post Sentence
Supervision period. If release occurs after the TUSED, release will be unconditional. The
offender will be brought in on NOMIS under the sentence type BOTUS.
5.4.3
The court can impose a new sentence for the offence that caused the breach of Post
Sentence Supervision which can be ordered to run consecutive or concurrent to the term
under BOTUS (and vice versa). Where the new sentence was consecutive to the term of
BOTUS, the new sentence would start the day after the release date of the BOTUS term. If
the BOTUS term was ordered to be consecutive to the new sentence, the BOTUS term
would be calculated from the day after the CRD of the new sentence and so would run
parallel to the licence period of that new sentence.
5.4.4
Release would be once the term under BOTUS had been served in full and half of the new
sentence had been served. Such release would be on the licence relevant to the new
sentence.
5.5
Converting a Sentence in to Days
5.5.1
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.
5.5.2
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
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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.
5.5.3
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.
5.5.4
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:
•
•
•
•
5.5.5
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
months starting 31 December runs to 28February = 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)
5.5.6
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).
5.5.7
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.
5.6
Sentences Imposed on or after 3 December 2012
5.6.1
Sentences imposed on or after 3 December 2012 are Standard Determinate Sentences
(SDS).
5.6.2
An SDS of less than 12 months imposed on or after 3 December 2012 with an offence date
BEFORE 01/02/2015 has an Automatic Release Date (ARD) at the ½ way point of the
sentence and is released unconditionally to the Sentence Expiry Date (SED).
5.6.3
An SDS of less than 12 months imposed on or after 3 December 2012 with an offence date
ON or AFTER 01/02/2015 has a Conditional Release Date (CRD) at the ½ way point of the
sentence, a Sentence and Licence Expiry Date (SLED) at the end of the sentence and a
Top Up Supervision End Date (TUSED) 12 months after the ½ way point (as adjusted by
remand/tagged bail and UAL).
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5.6.4
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.
5.6.5
Additionally sentences of at least 12 months but less than 2 years imposed for an offence
committed on or after 01/02/2015 have a Top Up Supervision Expiry Date (TUSED) 12
months after the ½ way point (as adjusted by remand/tagged bail and UAL).
5.6.6
They are calculated on the green CJA2003 calculation sheet at APPENDIX B.
5.6.7
When a suspended sentence is breached and the sentence activated, it is the date of the
original offence for which the suspended sentence was originally imposed and not the date
of the breach that will determine whether or not the activated sentence falls under the
licence and Post Sentence Supervision provisions of ORA 2014.
5.6.8
The length of the sentence imposed must be converted to days as explained in section 5.5
above.
5.6.9
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.
5.6.10 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.
5.6.11 To calculate a TUSED, 12 months is added to the half way point of the applicable
sentence/term/aggregate as adjusted by remand/tagged bail and any UAL.
5.6.12 The following examples illustrate the calculation of a single SDS imposed on or after 3
December 2012 with and without remand/tagged bail time.
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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
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days at
D reckoned from
DOS)
(Number of days
at B reckoned
from DOS)
B ÷ 2 Rounded
up
Sentence
1
2 yrs
mos
days
730
20/09/2015
365
20/09/2014
From 21/09/13 to 20/09/15
yrs
Sentence
2
mos
From
days
to
EFFECTIVE RELEASE DATES
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
NIL
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G
H
I
J
LED
EFFECTIVE
CRD/ARD
TUSED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
20/09/2015
N/A
Latest date in E
minus F
20/09/2014
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
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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
D
DATE OF
SLED/SED
(Number of days
at B
reckoned from
DOS)
1095
14/12/2015
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days at
D reckoned from
DOS)
B ÷ 2 Rounded
up
548
15/06/2014
From 15/12/12 to 14/12/15
yrs
Sentence
2
mos
From
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
45
PSI 03/2015
days
to
G
H
I
J
LED
EFFECTIVE
CRD/ARD
TUSED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
30/10/2015
N/A
Latest date in E
minus F
01/05/2014
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
UPDATE ISSUED15/07/2015
PAGE 41
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
yrs 8
Sentence
1
mos
days
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
(Number of days
at B
reckoned from
DOS)
243
16/08/2013
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days at
D reckoned from
DOS)
B ÷ 2 Rounded
up
122
17/04/2013
From 17/12/2012 to 16/08/2013
Sentence
2
yrs
From
F
mos
days
to
EFFECTIVE RELEASE DATES
G
H
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
10
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
06/08/2013
N/A
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
07/04/2013
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
5.6.13 The following examples illustrate the calculation of a single SDS of less than 2 years
imposed for an offence committed on or after 01/02/2015 where the offender is subject to
Post Sentence Supervision.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 42
EXAMPLE 12
Prisoner sentenced to 8 months on 16 February 2015 (O/C after 01/02/2015) with 21 days
remand time.
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF
SLED/SED
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
yrs 8
Sentence
1
mos
weeks
Number of days at
B reckoned from
DOS
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
From 16/02/2015_to 15/10/2015
15/10/2015 242
121 16/06/2015 __________________
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
21
PSI 03/2015
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
24/09/2015
N/A
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
26//05/2015
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
26/05/2016
UPDATE ISSUED15/07/2015
PAGE 43
EXAMPLE 13
Prisoner sentenced to 20 months on 17 March 2015 (O/C after 01/02/2015). There were
28 days remand to custody and the court ordered 11 tagged bail days to count. On 10 May
2015 prisoner absconded and was not arrested until 7 June 2015, thereby incurring 29
days UAL.
B
A
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
yrs 20
Sentence
1
mos
weeks
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
611 16/11/2016 306 16/01/2016 From 17/03/2015 to 16/11/2016
__________________
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
39
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
08/10/2016
N/A
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
08/12/2015
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
08/12/2016
Allowing for the 29 days UAL would adjust the dates to:
SLED
06/11/2016
CRD
06/01/2016
TUSED
06/01/2017
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 44
5.7
Concurrent Standard Determinate Sentences Imposed on or after 3 December 2012
5.7.1
Where concurrent SDSs are passed on the same occasion, the longest of the sentences
imposed will determine the effective release dates.
5.7.2
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
with Post Sentence Supervision to the latest TUSED where applicable.
5.7.3
If all the sentences are less than 12 months for offences committed before 01/02/2015,
release is still at the half way point of each sentence and will be on an Automatic Release
Date (ARD) which means release is unconditional to the latest SED.
5.7.4
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.
5.7.5
A period of temporary release does not provide a break between one sentence and
another, but release on Home Detention Curfew (HDC) does.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 45
EXAMPLE 14
Concurrent SDSs imposed on the same occasion (neither are subject to Post
SentenceSupervision):
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.
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
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days
at B
reckoned from
DOS)
(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
From
mos
days
to
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
50
PSI 03/2015
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
25/09/2016
N/A
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
27/03/2015
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
UPDATE ISSUED15/07/2015
PAGE 46
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 15
Concurrent SDSs imposed on the same occasion where both are subject to Post
SentenceSupervision
Prisoner sentenced on 19 March 2015 to 10 months and 6 months concurrent,
bothoffences are committed on or after 01/02/2015. No Remand or tagged bail time
applicable.
B
A
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
yrs 10 mos
Sentence
1
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
306
18/01/2016
153
18/08/2015
From 19/03/2015__to 18/01/2016
__________________
yrs
Sentence
2
weeks
NUMBER OF
DAYS IN
SENTENCE
C
6 mos
weeks
days
From _19/03/2015_to 18/09/2015
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
NIL
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
18/01/2016
N/A
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
18/08/2015
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
18/08/2016
As both sentences were imposed on the same occasion and both are subject to Post
Sentence Supervision, it is only the longest of the sentences that needs to be calculated
on the sheet as that will be the one that provides the latest release dates in all the
columns. The existence of the shorter sentence is simply noted.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 47
EXAMPLE 16
Concurrent SDSs imposed on the same occasion where one is subject to Post
SentenceSupervision and one is not
Prisoner sentenced on 12 February 2015 to 6 months for an offence committed after
01/02/2015 and 8 months concurrent for an offence committed before 01/02/2015. The
court ordered 14 tagged bail days to count.
B
A
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
yrs 6
Sentence
1
mos
weeks
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
181 11/08/2015 (SLED) 91 13/05/2015 From 12/02/2015 to 11/08/2015
__________________
(TUSED applies) yrs 8
Sentence
2
mos
weeks
days
242 11/10/2015 (SED) 121 12/06/2015 From 12/02/2015 to 11/10/2015
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
14
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
27/09/2015
28/07/2015
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
29/05/2015
12 months from
latest
applicabledate in
E minus
F Please refer
to instructions
below**
29/04/2016
Because the 8 months is not subject to licence or Post Sentence Supervision, but has a
later SED, the SLED of the 6 months becomes an LED which must be entered in Box H.
Release is therefore, on licence on the latest release date which means the release date is
a CRD. The licence expires at the SLED of the 6 months and the TUSED is 12 months
after the notional CRD of the 6 month.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 48
EXAMPLE 17
Concurrent SDSs imposed on different occasions (Post Sentence Supervision
notapplicable)
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
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days
at B
reckoned from
DOS)
(Number of days at
D reckoned from
DOS)
B ÷ 2 Rounded up
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
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
20
26/04/2015
N/A
26/04/2014
N/A
20
06/09/2015
N/A
06/12/2014
N/A
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 49
20
06/09/2015
N/A
14/01/2015
N/A
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.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 50
EXAMPLE 18
A prisoner is sentenced to: 18 months on 21 December 2012 no remand/tagged bail time
5 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
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
E
NUMBER OF
DAYS TO
CRD/ARD
(Number of days
at B reckoned
from DOS)
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
Sentence 1
yrs 18
mos
days
547
20/06/2014
274
20/09/2013
184
04/02/2014
92
04/11/2013
From 21/12/2012 to 20/06/2014
yrs 6 mos
Sentence 2
days
From 5/08/2013 to 04/02/2014
EFFECTIVE RELEASE DATES
G
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
H
I
J
LED
EFFECTIVE
CRD/ARD
TUSED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
Latest date in E
minus F
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
NIL
20/06/2014
N/A
20/09/2013
N/A
25
26/05/2014
N/A
10/10/2013
N/A
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
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.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 51
EXAMPLE 19
Concurrent SDSs imposed on different occasions where one is subject to Post
SentenceSupervision and one is not.
A prisoner is sentenced to: 18 months on 9 February 2015 for an offence committed before
01/02/2015 and no remand/tagged bail time
5 months concurrent on 5 October 2015 for an offence committed after 01/02/2015 with 25
days remand.
C
A
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
yrs 18 mos
Sentence
1
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
547 08/08/2016 274 09/11/2015 183 04/04/2016 92 04/01/2016 From 09/02/2015_to 08/08/2016
__________________
yrs 6 mos
Sentence
2
weeks
NUMBER OF
DAYS IN
SENTENCE
D
weeks
days
From __05/10/2015_to 04/04/2016
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
25
LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
14/07/2016
N/A
(TUSED applies) I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
10/12/2015
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
10/12/2016
The 18 months provides the latest SLED and the 6 months provides the latest CRD so
these dates are the dates to which the 25 days remand is applied to produce the effective
release dates. As the latest CRD is from the sentence that is subject to Post Sentence
Supervision, the TUSED can be calculated by adding 12 months on to the effective CRD
(or CRD of the 6 months in Column E + 12 months less the 25 days remand)
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 52
5.8
Consecutive Standard Determinate Sentences Imposed on or after 3 December 2012
5.8.1
Subject to the exceptions set out in Paras 5.8.3 and 5.8.4, SDSs imposed on or after 3
December 2012 that are ordered to be served consecutively to one another are
aggregated (added together). Release will be conditional at the half way point of the
aggregate (CRD), on a licence expiring at the end of the aggregate (SLED).
5.8.2
For aggregates of 12 months or more but less than 2 years where at least one offence has
been committed on or after 01/02/2015, OR aggregates of less than 12 months where ALL
offences have been committed on or after 01/02/2015, Post Sentence Supervision applies.
Therefore, in addition to the CRD and SLED, a TUSED will be required and is calculated
as 12 months from the ½ way point of the aggregate (as adjusted by remand/tagged bail
and any UAL).
For example:
An SDS of 4 months with a consecutive 6 months SDS (where both offences were
committed on or after 01/02/2015) will result in an aggregate and SLED of 10
months from date of sentence and a CRD of 5 months from date of sentence.
Because both offences were committed on or after 01/02/2015, the aggregate is
subject to Post Sentence Supervision. Therefore the TUSED will be 12 months
after the CRD (as adjusted by remand/tagged bail and any UAL).

An SDS of 6 months with a consecutive 8 months SDS (at least one offence
committed on or after 01/02/2015) will result in an aggregate and SLED of 14
months from date of sentence and a CRD at 7 months from date of sentence.
Because the aggregate is 12 months or more and at least one offence was
committed on or after 01/02/2015, the aggregate is subject to Post Sentence
Supervision. Therefore the TUSED will be 12 months after the CRD (as adjusted by
remand/tagged bail and any UAL).

Two consecutive SDSs of 4 years (irrespective of date of offence) 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 (irrespective of date of
offence) will result in an aggregate and SLED of 2 years from date of sentence with
a CRD of 12 months from date of sentence.
Exceptions to the guidance in Paras 5.8.1 and 5.8.2 above
Aggregates of less than 12 months – all offences committed before 01/02/2015
5.8.3
Where all the offences have been committed before 01/02/2015 and the length of the
aggregate is less than 12 months release is unconditional at the ½ way point of the
aggregate. Therefore the aggregate has an ARD and an SED. There is no licence or
TUSED as no under 12 months aggregate imposed for offences committed prior to
01/02/2015 is subject to licence or Post Sentence Supervision.
For example:
PSI 03/2015
An SDS of 3 months with a consecutive 6 months SDS where both offences were
committed before 01/02/2015, 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 and no TUSED required.
UPDATE ISSUED15/07/2015
PAGE 53
Aggregates of less than 12 months – offences committed both before and on or
after01/02/2015
5.8.4
Where some of the offences have been committed before 01/02/2015 and some
committed on or after that date and the length of the aggregate is less than 12 months,
release will be at the ½ way point of the aggregate, on a licence, but the licence will only
be for as long as the licence period in respect of the sentence(s) imposed for those
offences committed on or after 01/02/2015. Post Sentence Supervision applies to the
aggregate which means the TUSED will be 12 months after the CRD of the aggregate (as
adjusted by remand/tagged bail and any UAL). They will therefore have a CRD, LED, SED
and a TUSED.
For example:-

An SDS of 4 months imposed on 15/05/2015 for an offence committed after 01/02/2015
(and therefore, subject to licence and Post Sentence Supervision) with 4 months
consecutive for an offence committed prior to 01/02/2015 which is not subject to licence or
Post Sentence Supervision, would result in an aggregate and SED of 8 months from date
of sentence, a CRD at 4 months from date of sentence, an LED at 6 months from date of
sentence and a TUSED 12 months after the CRD of the aggregate. The calculation would
be done as follows:-

8 months from 15/05/2015 ends 14/01/2016 = 245 days
=
14/01/2016 (SED)
CRD is half of 245 days rounded up
=
14/09/2015
TUSED is 12 months from the CRD
=
14/09/2016
LED is 61 days from 14/09/2015
=
14/11/2015
=
123 days
To work out the applicable licence period, a notional calculation of only the sentence(s)
that is subject to licence/Post Sentence Supervision needs to be done.
The number of days in the second half of that sentence becomes the number of days in
the relevant licence period to be added to the CRD of the aggregate.
We use the date of sentence to calculate this period.
So, in the example above, 4 months from 15/05/2015 is 123 days – divided by 2 rounded
down gives a licence period of 61 days.
61 days added on to the CRD of the aggregate – 14/09/2015 - gives an LED of
14/11/2015.
The lilac calculation sheet at Appendix B provides the template for calculating the LED for
the above scenario and must be used in conjunction with the green calculation sheet.
5.8.5
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.
5.8.6
Any relevant remand/tagged bail time will bring ALL dates forward.
5.8.7
The following calculation sheet examples illustrate the different consecutive sentence
scenarios where the sentences were imposed on or after 03/12/12:-
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 54
EXAMPLE 20
A prisoner is sentenced on 23 February 2015 to 4 months and 6 months consecutive. All
offences committed after 01/02/2015. There is no remand or tagged bail.
B
A
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
yrs 10 mos
weeks
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
Sentence 1
303 22/12/2015 152 24/07/2015 From 23/02/2015 to 22/12/2015
__________________
4 mos
6 mos CS
yrs
days
mos
weeks
Sentence 2
From ____________to
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
NIL LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below
22/12/2015 N/A I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
24/07/2015 12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
24/07/2016 As all offences were committed on or after 01/02/2015 release from the under 12 months
aggregate is on licence to the end of the aggregate and is subject to Post Sentence
Supervision ending 12 months after the CRD.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 55
EXAMPLE 21
A prisoner is sentenced on 17 March 2015 to 6 months with 9 months consecutive. At
least one offence was committed after 01/02/2015. 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
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
(Number of days
at B reckoned
from DOS)
B ÷ 2 Rounded
up
Sentence 1
6 months
and 9
months
consec
yrs 15 mos
days
458
16/06/2016
229
31/10/2015
From 17/03/2015to 16/06/2016
yrs
Sentence 2
mos
From
days
to
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
10 LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below
06/06/2016 N/A I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
21/10/2015 12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
21/10/2016 The aggregate produced by the two sentences is more than 12 months and so release is
conditional at the CRD half way point of the aggregate on a licence to the SLED at the end
of the aggregate, but because one of the offences was committed after 01/02/2015 the
aggregate is subject to Post Sentence Supervision; The TUSED is 12 months after the
effective CRD.
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EXAMPLE 22
A prisoner is sentenced on 20 September 2013 to 3 years and 18 months consecutive
(irrespective of date of offence).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
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
E
NUMBER OF
DAYS TO
CRD/ARD
(Number of days
at B reckoned
from DOS)
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
Sentence 1
3 years
and 18
mos
consec
4 yrs 6 mos
days
1642
19/03/2018
821
19/12/2015
From 20/09/13 to 19/03/2018
yrs
Sentence 2
mos
From
days
to
EFFECTIVE RELEASE DATES
G
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
30
H
I
J
LED
EFFECTIVE
CRD/ARD
TUSED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
17/02/2018
N/A
Latest date in E
minus F
19/11/2015
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
The two sentences are aggregated to produce one calculation of 4 years 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
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EXAMPLE 23
A prisoner is sentenced on 16 February 2015 to 6 months and 24 months consecutive
(irrespective of date of offence). There is 60 days remand time to take into account.
B
A
SENTENCE
Individually for concurrent
sentences and the aggregate term
for consecutive sentences from
DOS/ to
yrs 30 mos
Sentence 1
6 mos
24 mos CS
weeks
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
912 15/08/2017 456 16/05/2016 From 16/02/2015_to 15/08/2017
__________________
yrs
days
mos
weeks
Sentence 2
From ____________to
EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
60 LED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below
16/06/2017 ‐ I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
17/03/2016 12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A Because the aggregate is more than 2 years, release will be on licence to the SLED. The
licence period is one of at least 12 months, hence there is no requirement for a TUSED
even if one or more offences were committed on or after 01/02/2015.
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EXAMPLE 24
A prisoner is sentenced on 17 December 2012 to 3 months and 3 months consecutive. All
offences were committed before 01/02/2015.There are no relevant remand/tagged bail
days.
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
E
NUMBER OF
DAYS TO
CRD/ARD
(Number of days
at B reckoned
from DOS)
DATE OF
CRD/ARD
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
Sentence 1
3 mos and
3 mos
consec
yrs 6 mos
days
182
16/06/2013
91
17/03/2013
From 17/12/2012to 16/06/2013
yrs
Sentence 2
mos
From
days
to
EFFECTIVE RELEASE DATES
G
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
NIL
H
I
J
LED
EFFECTIVE
CRD/ARD
TUSED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
16/06/2013
N/A
Latest date in E
minus F
17/03/2013
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
The two sentences are aggregated (added together) and the length of the aggregate
remains less than 12 months. Because all offences were committed before 01/02/2015,
release will be unconditional at the half way point of the 6 months aggregate. No licence
will be required. Therefore, there is an ARD and SED but no TUSED.
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EXAMPLE 25
Prisoner is sentenced on 22 February 2015 to 3 months for an offence committed after
01/02/2015 and 7 months consecutive for an offence committed before that date. There is
no remand or tagged bail.
B
A
SENTENCE
Individually for concurrent sentences
and the aggregate term for consecutive
sentences
from DOS/ to
yrs 10
mos weeks
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
Number of days at
B reckoned from
DOS
D
E
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
B ÷ 2 Rounded
up
Number of days at
D reckoned from
DOS
days
Sentence 1
303 21/12/2015 152 23/07/2015 From 22/02/2015 to 21/12/2015
__________________
3 mos
(TUSED)
7 mos CS
yrs
mos
weeks
days
Licence of 3 months sentence Sentence 2
22/02/15 – 21/05/15 From ____________to
= 89 / 2 RD =44 23/07/15 + 44 = 05/09/15 EFFECTIVE RELEASE DATES
G
H
F
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
NIL LED
EFFECTIVE
SLED/SED
Latest date in C
minus F
21/12/2015 Where
applicable
I
J
EFFECTIVE
CRD/ARD
TUSED
Latest date in E
minus F
Please refer to
instructions
below**
05/09/2015 23/07/2015 12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
23/07/2016 Because one offence was committed before 01/02/2015 and one committed on or after
that date and the length of the aggregate is less than 12 months, release will be at the ½
way point of the 10 month aggregate on a licence, but the licence will only be for as long
as the licence period in respect of the 3 months sentence as this is the sentence that was
imposed for the offence committed on or after 01/02/2015. Post Sentence Supervision
applies to the aggregate which means the TUSED will be 12 months after the CRD of the
PSI 03/2015
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aggregate. To find the relevant licence period, a notional calculation of the 3 months
carried out from date of sentence. Half of that 3 months rounded down is the number
days in the licence period. This number of days is added to the CRD of the aggregate
find the appropriate LED – 05/09/2015. The lilac sheet at Appendix B must be used
carry out the calculation of the LED.
PSI 03/2015
is
of
to
to
UPDATE ISSUED15/07/2015
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EXAMPLE 26
Consecutive Standard Determinate Sentences Imposed on or after 03/12/12 but
onDifferent 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. Post Sentence Supervision is not applicable in this example.
A
B
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences from
DOS/ to
C
NUMBER OF
DAYS IN
SENTENCE
D
DATE OF
SLED/SED
E
NUMBER OF
DAYS TO
CRD/ARD
(Number of days
at B reckoned
from DOS)
B ÷ 2 Rounded
up
Sentence 1
yrs 12 mos
days
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
12 mos
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
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
NIL
PSI 03/2015
G
H
I
J
LED
EFFECTIVE
CRD/ARD
TUSED
EFFECTIVE
SLED/SED
Where
applicable
Latest date in C
minus F
Please refer to
instructions
below*
01/08/2014
N/A
Latest date in E
minus F
31/01/0214
12 months from
latest applicable
date in E minus
F Please refer
to instructions
below**
N/A
UPDATE ISSUED15/07/2015
PAGE 62
NIL
01/02/2015
N/A
03/05/2014
N/A
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.
5.9
Consecutive Sentences Imposed BEFORE 3 December 2012
Sentences of 12 months or more imposed before 3 December 2012 for offences
committedon or after 4 April 2005.
5.9.1
Such sentences are to be treated in the same way as Standard Determinate Sentences
(SDS) imposed on or after 3 December 2012 for offences committed before 01/02/2015.
Concurrent sentences run parallel to each other and consecutive sentences are
aggregated. These sentences interact with each other and with SDSs imposed on or after
03/12/12 in exactly the same way as SDSs imposed on or after 03/12/12 interact with each
other.
Sentences imposed before 3 December 2012 for offences committed prior to 4 April
2005and all sentences of less than 12 months imposed before 3 December 2012.
5.9.2
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 were single termed with one another and the length of the single term determined
under which following 2003 Act release scheme they fall to be treated:
•
Prisoners over 21 serving a sentence imprisonment, YOs serving a DYOI or
term under Section 91(3) of the Powers of Criminal Courts (Sentencing) Act
2000 Act of less than 12 months
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 a sentence of imprisonment , YOs serving a DYOI
or term under Section 91(3) of the PCC(S)A 2000 Act of 12 months or more
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
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were subject to ‘conversion’. They were no longer subject to the parole process
but became entitled to automatic conditional releaseat 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 31 below
refers.
5.9.3
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 no longer had the power to impose a period of imprisonment under Section 116.
Therefore, no new Section 116 cases have been created and no further ‘at risk’ notices
were issued (or remained in force) on or after 3 December 2012. 5.11 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.
5.9.4
The length of the sentence imposed must be converted to days. 5.13 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.
5.9.5
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. 5.15 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
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.
5.9.6
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.
5.9.7
The following examples illustrate the calculation of single sentences, that were imposed
prior to 3 December 2012, with and without relevant time:
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EXAMPLE 27
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
Remand
Bail at
prison/court
Reception
off bail
Sentence
1/01/09
9 months
Number of Days
Sentence
A.
Total length of sentence
From:
B.
01/01/09
to 30/09/09
273
Time in custody to count
Police from:
to:
=
Prison from:
to:
=
Prison from:
to:
=
NIL
SED = number of days at C
C.
Actual term (A – B)
From date of sentence
273
=
30
: 09
:
09
ARD = number of days at D
D.
Automatic release date C – (A ÷ 2)
From date of sentence
137
=
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.
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EXAMPLE 28
Prisoner sentenced to 2 years on 9 October 2009 with 20 days remand and police time
and 10 days court directed tagged bail time.
Pink calculation sheet
Number of Days
Sentence
A.
Total length of sentence
From:
B.
09/10/09
to 08/10/11
730
Time in custody to count
Police from:
30/08/09
to: 31/08/09
= 2
Prison from:
21/09/09
to: 08/10/09
= 18
to:
=
30
Prison from:
Court Directed Tagged Bail time
= 10
SED = number of days at C
C.
Actual term (A – B)
From date of sentence
700
=
08
:
09
:
11
CRD = number of days at D
D.
From date of sentence
Conditional release date C – (A ÷ 2)
335
=
8
:
09
: 10
LED = number of days at E
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.
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EXAMPLE 29
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
s
Number of
Day
Sentence
A.
Total length of sentence
From:
B.
17/09/09
to
16/09/2015
2191
Time in custody to count
Police from:
Prison from:
to:
09/06/09
Prison from:
to:
to:
=
16/09/09
100
= 100
=
SED = number of days at C
C.
Actual term (A – B)
From date of sentence
2091
=
08 : 06
: 15
PED = number of days at D
D.
From date of sentence
Parole eligibility date C – (A ÷ 2)
996
=
08
:
06
: 12
NPD = number of days at E
E.
From date of sentence
Non parole date C- (A ÷ 3)
1361
=
PSI 03/2015
08
:
06
:
13
UPDATE ISSUED15/07/2015
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LED = number of days at F
F.
From date of sentence
Licence expiry date C – (A ÷ 4)
1544
=
08
:
12
:
13
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 30
Prisoner sentenced to 6 years on 17 September 2009 – subject to ‘conversion’
Blue calculation sheet
s
Number of
Day
Sentence
A.
Total length of sentence
From:
B.
=
=
17/09/09
to 16/09/2015
2191
Time in custody to count
Police from:
to:
Prison from:
Prison from:
to:
to:
=
NIL
SED = number of days at C
C.
SLED From date of sentence
Actual term (A – B)
=
16
:
09
: 15
2191
PED = number of days at D
D.
CRD
Parole eligibility date C – (A ÷ 2)
CRD
=
From date of sentence
16
: 09
: 12
1096
NPD = number of days at E
E.
From date of sentence
Non parole date C- (A ÷ 3)
=
:
:
N/A
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LED = number of days at F
F.
From date of sentence
Licence expiry date C – (A ÷ 4)
=
:
:
N/A
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 31
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 was 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.
Pink calculation sheet
A.
Total length of sentence
From:
B.
=
=
01/10/09
to 30/09/10
365
Time in custody to count
Police from:
to:
Prison from:
Prison from:
to:
to:
=
200
183
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
C.
From date of sentence
Actual term (A – B)
182
=
31
:
03
: 10
CRD = number of days at D
D.
From date of sentence
Conditional release date C – (A ÷ 2)
Nil to Serve
=
PSI 03/2015
Immediate release
UPDATE ISSUED15/07/2015
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LED = number of days at E
E.
Licence expiry date C- (A ÷ 4)
From date of sentence
91
=
PSI 03/2015
30
:
12
: 09
UPDATE ISSUED15/07/2015
PAGE 70
5.10
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
5.10.1 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
were required to 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 had 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.
5.10.2 Once the single term had been established, the length of the single term determined which
2003 Act release scheme for sentences imposed prior to 3 December 2012 the prisoner
fell into (i.e. under 12 months, 12 months to less than 4 years, or 4 years or more) and it
was then treated in the same way as a single sentence as set out in Para 5.7.2above when
selecting the correct calculation sheet and calculating the release dates.
5.10.3 Any remand time/tagged bail/police custody (where appropriate), relevant to any of the
sentences within the single term was applied to the single term.
5.10.4 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
created because the sentenced time had been broken by the technical release from the
first sentence.
5.10.5 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.
5.10.6 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.
5.10.7 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.
5.10.8 Periods of imprisonment in default of payment of fines and civil terms of imprisonment
cannot form part of a single term.
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Concurrent Sentences imposed before 3 December 2012 for offences committed prior to
4April 2005 and concurrent sentences of less than 12 months imposed before 3
December2012
5.10.9 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, were
concurrent or partly concurrent and overlapping to each other, the single term ran from the
date of imposition of the first sentence to the latest sentence expiry date (excluding any
remand/tagged bail time).
EXAMPLE 32
The Single Term – concurrent and overlapping sentences
S1
ARD1
S2
SED1
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:
•
•
•
The 3 months runs from 31/07/2012 to 30/10/12
The 4 months runs from 17/08/2012 to 16/12/2012
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).
5.10.10 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.
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EXAMPLE 33
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
to4 April 2005 and all sentence of less than 12 months imposed before 3 December 2012.
5.10.11 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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5.10.12 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 34
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 15/11/2013 to 14/11/2016.
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 14/11/2016. 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
5.11
Multiple Sentences Comprising Sentences Imposed on or after 3 December 2012
and Sentences Imposed Before that Date.
5.11.1 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.
5.11.2 These two sentences are treated exactly the same as each other and are both calculated
on the green calculation sheet.
5.11.3 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.
5.11.4 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.
5.11.5 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.
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‘New’ sentences concurrent to sentences/single terms imposed on or after 1 October
1992but before 3 December 2012 for offences committed prior to 4 April 2005
andsentences/single terms of less than 12 months imposed before 3 December 2012.
5.11.6 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:
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EXAMPLE 35
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.
Total length of sentence
From:
B.
05/11/2012
to 04/09/2013
304
Time in custody to count
Police from:
to:
Prison from:
Prison from:
=
to:
to:
NIL
=
=
SED = number of days at C
C.
From date of sentence
Actual term (A – B)
304
=
04
: 09
: 2013
ARD = number of days at D
D.
Automatic release date C – (A ÷ 2)
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
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF
SLED/SED
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
CRD/ARD
Sentence 1
yrs 12
mos
days
(Number of
days at B
reckoned from
DOS)
365
16/12/2013
(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 36
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:-
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Pink calculation sheet
A.
Total length of sentence
From:
B.
10/09/2012
to 09/03/2014
546
Time in custody to count
Police from:
to:
=
Prison from:
to:
= 10
Prison from:
to:
=
10
15
SED = number of days at C
C.
Actual term (A – B)
536
From date of sentence
531
22/02/2014
=
27
:
02
: 2014
CRD = number of days at D
D.
Conditional release date C – (A ÷ 2)
From date of sentence
258
263
25/05/2013
=
30
: 05
: 2013
LED = number of days at E
E.
Licence expiry date C- (A ÷ 4)
From date of sentence
395
400
09/10/2013
=
14
:
10
: 2013
Initials
Establishment
Date
HMP Here
10/09/12
Reason for variation
(Upon first reception after
sentence)
HMP Here
15/12/2013
Further applicable
remand
No of
days
546
5
SED
CRD
LED
27/02/14
14/10/13
22/02/14
09/10/13
Calc
Check
30/05/13
25/05/13
See green sheet for effective ARD
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Green calculation sheet
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF
SLED
NUMBER OF
DAYS TO CRD
DATE OF CRD
Sentence 1
yrs 10 mos
days
(Number of
days at B
reckoned from
DOS)
303
14/12/2013
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
152
16/07/2013
From 15/02/2013 to 14/12/2013
EFFECTIVE RELEASE DATES
F
G
H
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
EFFECTIVE SLED
EFFECTIVE CRD
Latest date in C minus F
Latest date in E minus F
29/11/2013
01/07/2013
15
Initials
Establishment
Date
HMP Here
15/12/13
Reason for variation
No of
days
SLED
CRD
303
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 37
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
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ordered to be 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.
Total length of sentence
From: 15/09/2009
B.
to 14/09/2015
2191
Time in custody to count
Police from:
to:
=
Prison from:
to:
= 50
Prison from:
to:
=
50
SED = number of days at C
C.
Actual term (A – B)
From date of sentence
2141
=
26
:
07
: 2015
PED = number of days at D
D.
From date of sentence
1046
Parole eligibility date C – (A ÷ 2)
=
26
: 07
: 2012
NPD = number of days at E
E.
From date of sentence
1411
Non parole date C- (A ÷ 3)
=
26
:
07
: 2013
LED = number of days at F
F.
From date of sentence
1594
Licence expiry date C – (A ÷ 4)
=
25
: 01
: 2014
Initials
Establishment
Date
HMP Here
15/09/09
Reason for variation
No of
days
SED
2191
26/07/15
LED
25/01/14
NPD
26/07/13
PED
Calc
Check
26/07/12
(Upon first reception
after sentence)
See green sheet for effective CRD and
SLED
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Green calculation sheet
Sentence 1
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF SLED
NUMBER OF
DAYS TO CRD
DATE OF CRD
3 yrs
mos
days
1095
(Number of
days at B
reckoned from
DOS)
09/12/2015
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
548
10/06/2014
From 10/12/2012 to 09/12/15
Sentence 2
yrs
mos
From
to
yrs
Sentence 3
days
mos
From
days
to
F
G
H
TOTAL NUMBER OF DAYS OF
RELEVANT REMAND
EFFECTIVE SLED
EFFECTIVE CRD
Latest date in C minus F
Latest date in E minus F
20/10/2015
21/04/2014
50
Initials
Establishment
Date
Reason for variation
10/12/12
HMP Here
PSI 03/2015
No of
days
SLED
CRD
1095
20/10/2015
21/04/2014
Calc
Check
(Upon first reception after sentence)
UPDATE ISSUED15/07/2015
PAGE 82
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
October1992 but before 3 December 2012 for offences committed prior to 4 April 2005
andsentences/single terms of less than 12 months imposed before 3 December 2012.
5.11.7 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.
5.11.8 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 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.
5.11.9 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.
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EXAMPLE 38
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.
Total length of sentence
From:
B.
17/10/12
to 16/04/13
182
Time in custody to count
Police from:
Prison from:
Prison from:
to:
=
to:
to:
=
=
NIL
SED = number of days at C
C.
From date of sentence
Actual term (A – B)
182
=
16
:
04
: 2013
ARD = number of days at D
D.
Automatic release date C – (A ÷ 2)
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
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
Sentence 1
6 MOS + 3
MOS
CONSEC
yrs 9
mos
days
273
16/07/2013
D
E
NUMBER OF
DAYS TO
CRD/ARD
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
SLED/SED
CRD/ARD
273
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 39
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
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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.
Total length of sentence
From: 31/05/2012
B.
to 30/05/2014
730
Time in custody to count
Police from:
to:
=
Prison from:
to:
= 20
Prison from:
to:
=
20
SED = number of days at C
C.
From date of sentence
Actual term (A – B)
710
=
10
:
05
: 2014
CRD = number of days at D
D.
From date of sentence
Conditional release date C – (A ÷ 2)
345
=
10
:
05
: 2013
LED = number of days at E
E.
From date of sentence
Licence expiry date C- (A ÷ 4)
528
=
09
:
11
: 2013
Initials
Establishment
Date
HMP Here
31/05/12
Reason for variation
No of days
SED
730
10/05/14
CRD
LED
09/11/13
Calc
Check
10/05/13
(Upon first reception after
sentence)
See Green sheet for effective
release dates
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Green Sheet
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
C
D
NUMBER OF
DAYS TO
CRD/ARD
DATE OF
SLED/SED
(Number of
days at B
reckoned from
DOS)
Sentence 1
2 years +
18 mos
consec
3 yrs 6 mos
days
1279
E
30/11/2015
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
yrs
Sentence 2
mos
From
days
to
EFFECTIVE RELEASE DATES
F
G
H
TOTAL NUMBER OF DAYS OF RELEVANT REMAND
EFFECTIVE SLED
EFFECTIVE CRD
Latest date in C minus F
Latest date in E minus F
31/10/2015
30/01/2014
30
Initials
Establishment
Date
HMP Here
15/02/13
Reason for variation
No of
days
SLED/SED
CRD/ARD
Further sentence
(Upon first reception after sentence)
1279
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.
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EXAMPLE 40
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
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:-
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Blue Calculation Sheet
A.
Total length of sentence
From: 13/10/11
1827
Effective
PED/NPD
to 12/10/16
14/08/12 –
13/08/17 =
1826
B.
C.
Time in custody to count
Police from:
to:
=
Prison from:
to:
= 60
Prison from:
to:
=
Actual term (A – B)
60
NIL
1767
1826
SED = number of days at C
From date of sentence
=
D.
854
Parole eligibility date C – (A ÷ 2)
13
:
08
: 2016
PED = number of days at D
913
From date of sentence
12/02/2015
=
12
:
02
: 2014
NPD = number of days at E
E.
1158
Non parole date C- (A ÷ 3)
From date of sentence
1218
=
14/12/15
13
:
12
: 2014
LED = number of days at F
F.
From date of sentence
1311
Licence expiry date C – (A ÷ 4)
=
15
:
05
:
2015
Initials
Establishment
Date
HMP Here
HMP Here
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Reason for variation
No of
days
SED
14/10/11
(Upon first reception after
sentence)
1827
13/08/16
08/08/13
Further sentence
2557
See green sheet
for effective SLED
LED
15/05/15
NPD
PED
13/12/14
12/02/14
14/12/15
12/02/15
Calc
Check
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Green Calculation Sheet
Sentence 1
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF SLED
NUMBER OF
DAYS TO CRD
DATE OF CRD
7yrs
mos
days
5 years + 2 years
consec
(Number of
days at B
reckoned from
DOS)
(Number of days
at D reckoned
from DOS)
B ÷ 2 Rounded
up
Aggregate SLED
2557
12/10/18
From 13/10/11 to 12/10/18
Notional CRD
Sentence 2
notional CRD of 2
years
2
yrs
mos
days
366
731
12/10/12
From 13/10/11 to 12/10/13
F
G
H
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
EFFECTIVE SLED
EFFECTIVE CRD notional
Latest date in C minus F
Latest date in E minus F
13/08/18
13/08/12
60
See blue sheet for effective PED and
NPD
Initials
Establishment
Date
HMP Here
08/08/13
Reason for variation
No of
days
SLED
Further sentence
(Upon first reception after sentence)
2557
13/08/18
CRD
Calc
Check
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
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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.
5.11.10 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 03/2015
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 41
S1
CRD1
Recall
SLED1
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.
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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.
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, Re-Release of recall Offenders PSI
30/2014.
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/scanned 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 (14 days in respect FTR recall from sentences/aggregates of
less than 12 months and 28 days in respect of FTR recall from sentences of 12 months or
more) the 14/28 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
14/28 days will be calculated from the date of arrest by the police following the date of
revocation. The 14/28 day calculation cannot start on a date occurring before the date
that the recall was issued. 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.
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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
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 were created on or after 3 December
2012, existing notices that did not expire until on or after 3 December 2012 remained in
force. If a person breached the notice, the court were 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 would be at the half way point of any such term imposed and would
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
and any TUSED), 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 14 or 28 day FTR any UAL extends the SLEDand TUSED but not t the 14/28 days to
be served. The 14/28 days is simply calculated from the first day back into custody
following the date of recall.
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 who 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
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original sentence. The resulting release dates will be extended by the period unlawfully at
large.
Effect on being unlawfully at large on concurrent sentences that are not single termed
withone 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
December2012 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)
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.
(ii)
if the prisoner received a concurrent and overlapping sentenceafter 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 42
Prisoner escapes and is at large for 3 months
(i)
S1
(ii)
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Initial sentence profile before escape (12 month sentence imposed on 1
January 2001, so ARD is 1 July 2001):
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):
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S1
UAL
(iii)
S1
ARD
SED1
sentence profile after new 12 month concurrent sentence imposed on 31
July 2001 (one month after recapture):
UAL
ARD
SED1
S2
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)
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;
(d) 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. .
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8.4.5
8.5 Supreme Court
8.5.1
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.
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 TUSED and the SED/SLED (subject to Paragraphs
9.1.2 and 9.1.3 below) The imposition of ADAs cannot take the release date (or licence
expiry date where applicable) beyond the end of the sentence (SED/SLED).
9.1.2
Where an LED has been created by a SLED of one sentence falling before a SED of a
concurrent sentence, because the LED is an end of sentence date (SLED) in its own right,
ADAs must not be added to the effective LED or SED created by those concurrent
sentences.
9.1.3
Where an LED has been created on an under 12 month aggregate comprising some
sentences for offences committed on or after 01/02/2015 and some sentences for offences
committed before that date, the LED is not an end of sentence date in its own right.,
Therefore ADAs WILL extend the LED as well as the CRD of the aggregate.
9.1.4
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 and must not extend any TUSED.
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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:•
•
Where all the sentences were imposed on or after 3 December 2012
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 and will not affect any TUSED).
Example 43
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.
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EXAMPLE 44
O/Cimposed before 3/12/12
Pre 04/04/05
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/TUSED), 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.
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
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. If you do not apply the period of
remand to the sentence then you cannot apply the PADAs awarded during that period of
remand.
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.
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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 45
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 14 or 28 day 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 and they will not affect the TUSED.
Standard Recall – Parole Board Recommend Immediate Release, or a Re-Release Date
inthe 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 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/TUSED.
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/TUSED 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
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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.
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Annex C
PRISON SERVICE INSTRUCTION 03/2015
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
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
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been allowed in the jurisdiction in which the prisoner was sentenced, as with prisoners
transferred under the Crime (Sentences) Act 1997.
10.6
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
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CHAPTER 11 - EXTENDED SENTENCES
11.1
General remarks
Special Custodial Sentences for Certain Offenders of Particular Concern (SOPC)
11.1.1
Special Custodial Sentences for Certain Offenders of Particular Concern (SOPC) are not
classed as extended sentences, but are included in this chapter because they comprise a
custodial term and a further period of one year for which the offender is subject to licence
and they are, therefore, treated the same as an extended sentence for sentence calculation
purposes.
11.1.2
The court must impose a SOPC in accordance with Section 236A of CJA 2003
where they are imposing a custodial sentence on or after 13/04/15 for an offence that is
listed on Schedule 18A to the CJA 2003 (see Appendix O) and they do not wish to impose
an Extended Determinate Sentence (EDS) or a life sentence.
Extended Sentences:
11.1.3 An extended sentence may be passed on an offender convicted of violent or sexual
offences.
11.1.4 For those offenders convictedon 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)
11.1.5 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
11.1.6 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.
11.1.7 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 Special Custodial Sentences for Certain Offenders of Particular
Concern (SOPC)
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11.2.1 SOPCs will comprise a custodial term and a further period of one year for which the
offender is to be subject to a licence. Release will be automatic at the end of the custodial
term with eligibility for consideration for parole at the half way point of the custodial term.
Release will be on a licence expiring at the end of the aggregate of the custodial term + the
further one year period.
11.2.2 The yellow calculation sheet at APPENDIX B must be used.
EXAMPLE 46
Prisoner is sentenced on 25 August 2015 to a SOPC comprising a 4 year custodial term
and the 1 year licence period. There were 31 days remand from 25 July 2015.
YELLOW SHEET
Section 236A SENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC)
OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08
Dates Cases
Offence
committed
Sentence or order made Sentence
Number of days Sentence
A Total length of sentence
From
(DOS)
25/08/15
to 24/08/20
(end of custodial period +
licence / extension period)
B Length of custodial part of sentence
From 25/08/15
(DOS)
C
SLED = number of days at A
from date of sentence
1827
=
24
:
08
: 20
CRD = number of days at B
from date of sentence
1461
to 24/08/19
(end of custodial period)
=
24
:
08
:19
PED = number of days at C
from date of sentence
Days to PED
731
B ÷ 2 Rounded up
=
EFFECTIVE RELEASE DATES
E
D Remand period(s) calculated by HMPS:
From 25/07/15
_ to _24/08/15 __ = 31
From ____________ to ____________ =
From ____________ to ____________ =
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
31
24
:
08
:17
F
G
CRD
Date at B minus
D
PED
Date at C minus
D
SLED
Date at
A minus
D
24/07/20
24/07/19
24/07/17
Tagged bail time directed by court =
11.3
Multiple Special CustodialSentences for Offenders of Particular Concern (SOPC)
SOPCs concurrent to one another
11.3.1 Where SOPCs are concurrent to one another, they are calculated separately and run
parallel to one another, the latest PED, CRD and SLED produced from the sentences
become the effective release dates. Providing there has been no release from one
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sentence before the next is imposed any remand relevant to ANY of the sentences is
applied to those latest release dates.
SOPCs consecutive to one another
11.3.1 Where the SPOCs are consecutive to one another, they will be aggregated. The SLED will
be at the end of the aggregate of all the custodial periods + all the licence periods. The
CRD will be at the end of the aggregate of all the custodial periods and the PED will be at
the half way point of the aggregate of all the custodial periods.
For example:
Prisoner is sentenced on 10 August 2015 to a SOPC of 5 years custodial period
with a 1 year licence period. There were 91 days remand.
On 18 September 2015 the prisoner receives a further SOPC of 3 years custodial
period with a 1 year licence period ordered to be consecutive to the earlier
sentence.

Days in the aggregate of custodial + licence periods (10 years) from 10/08/2015
10/08/2015 – 09/08/2025 =
3653
=
09/08/2025
SLED
Days in the aggregate of the custodial periods (8 years) from 10/08/2015
10/08/2015 – 09/08/2023 =
2922
=
09/08/2023
CRD
Days to PED 2922 ÷ 2(rounded up)
1461
=
09/08/2019
PED
Applying the 91 days remand to the above calculated dates would give effective
release dates of:
SLED
CRD
PED
11.4
10/05/2025
10/05/2023
10/05/2019
Calculation of Extended Sentences (EDS) Imposed Under Section 226A or 226B
EDS imposed on or after 13/04/2015
11.4.1 Where the EDS is imposed on or after 13/04/2015release 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.This will apply to ALL EDSs imposed on or after 13.04.2015 irrespective of the
length of the custodial period and whether or not the offence is one that is included on
Schedule 15B.
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Example 47
Prisoner is sentenced on 12 August 2015 to a 6 year EDS comprising a 4 year custodial
period and a 2 year extension period. There were 182 remand 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
SHEET
Cases
Dates
Offence
committed
WHITE
Sentence or order made
Sentence
12/08/2015
6 years comprising 4 years
custodial period + 2 years
extension period
Number of days
Sentence
A
Total length of sentence
From 12/08/2015
(DOS)
B
to 11/08/2021
(end of Ext period)
SLED = number of days at A
from date of sentence
=
11
: 08
: 2021
2192
Length of custodial part of sentence
CRD = number of days at B
From date of
sentence
1461
From 12/08/2015
(DOS)
to 11/08/2019
(end of custodial period)
=
11
:
08
: 2019
NB CRD at B applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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
11
:
04
: 2018
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ____________ = 182
From ______________ to ____________ =
D
TOTAL
NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
182
E
SLED
Date at A minus
D
10/02/2021
F
CRD
Date at B minus
D
10/02/2019
G
PED/CRD
Date at C minus
D
11/10/2017
From ______________ to ____________ =
Tagged bail time directed by court =
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Although the custodial periodis one of less than 10 years, because the EDS has been
imposed AFTER 13/04/2015 the offender is subject to the parole process at the two thirds
point of the custodial period, irrespective of whether the offence is listed on schedule 15B
or not. If release on parole is not authorised, automatic release will not take place until the
custodial period has been served in full. Release will be on a licence expiring at the end of
the whole of the extended sentence.
EDS imposed before 13/04/2015
11.4.2 Where the custodial period is one of less than 10 years and the offence is nota 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.
11.4.3 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 the same as for EDSs imposed on or after 13/04/2015 (see
para11.4.1 above) in that automatic release will be 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.
11.4.4 The calculation sheet at APPENDIX Bmust be used.
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EXAMPLE 48
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
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
SHEET
Cases
Dates
Offence
committed
WHITE
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
to 20/01/2021
(DOS)
(end of Ext period)
SLED = number of days at A
from date of sentence
=
20
: 01
: 2021
2922
B
Length of custodial part of sentence
CRD = number of days at B
From date of
sentence
1461
From 21//01/2013
(DOS)
to 20/01/2017
(end of custodial period)
=
:
:
NB CRD at B appliesfor all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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 =
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EXAMPLE 49
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:Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
SHEET
Cases
Dates
Offence
committed
WHITE
Sentence or order made
Sentence
18 years comprising 12 years
custodial period + 6 years
extension period
21/01/2013
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 applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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 =
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EXAMPLE 50
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:
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
SHEET
Cases
Dates
Offence
committed
WHITE
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 applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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 =
PSI 03/2015
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PSI 03/2015
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11.5
Multiple Extended Determinate Sentences
Extended Determinate Sentences Concurrent to one another.
11.5.1. 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.
Extended Determinate Sentences Consecutive to one another
11.5.2 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.
11.5.3 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
=
Days to CRD 4017 – (4017 ÷ 3)
=
4017
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
PSI 03/2015
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11.5.4 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
=
7305 =
03/01/2033
SLED
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
11.5.5 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 03/2015
UPDATE ISSUED15/07/2015
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EXAMPLE 51
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
SHEET
Cases
Dates
Offence
committed
WHITE
Sentence or order made
Sentence
04/01/2013
07/05/2013
15 years comprising 10 years
custodial period + 5 years
extension period
6 years comprising 3 years
custodial period + 3 years
extension period (NOT schedule
15B) CONSECUTIVE
Number of days
Sentence
A
Total length of sentence
21 year aggregate
From
04/01/2013 to 03/01/2034
(DOS)
(end of Ext period)
B
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 )
NB PED ONLY applies where there is a CRD at B
CRD = number of days at B
From date of sentence
1095
=
For 10 years
from start date
– 04/01/2015
NB CRD at B applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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
For 10 years
from start date
- 04/01/2015
730
2436
PED/CRD = number of days at C
From date of sentence
3 years notional CRD
= 03/
:
01
:2015
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 03/2015
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11.6
Calculation of Extended Sentences Imposed under Section 227/228
Section 227/228 sentences imposed on or after 14 July 2008
11.6.1 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.
11.6.2 The grey calculation sheet at APPENDIX B would be used.
Example 52
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
Days to SLED (A – B)
2191
NIL
2191
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
1461
SLED = number of days at C
from date of sentence
=
02 : 11 : 2015
D
F
Effective custodial term (D – B)
Days to Conditional Release Date
E – (D ÷ 2)
1461 – 730
PSI 03/2015
CRD = number of days at F
From date of sentence
731
=
03
:
11
: 2011
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PSI 03/2015
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11.7
Section 227/228 sentences imposed prior to 14 July 2008
11.7.1 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.
11.7.2 The yellow calculation sheet at APPENDIX B would be used
PSI 03/2015
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Example 53
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
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
E
Length of custodial part of sentence
From 19.08. 2005 to 18.08.2011
(DOS)
(end of custodial period)
5123
5123
2191
CED = number of days at E
from date of sentence
Days to Custody End Date (D – B)
2191
F
Days to Parole Eligibility Date
E – (D ÷ 2)
2191 – 1095
11.8
SLED = number of days at C
from date of sentence
=
18 :
08 : 2019
=
18 :
08
: 2011
PED = number of days at F
From date of sentence
1096
=
18 :
08 : 2008
Calculation of Section 85 extended sentences
11.8.1 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:-
PSI 03/2015
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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.
11.8.2 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 54
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:
PED
NPD
`normal’
LED
‘normal’
SED
extext
LED
SED
This gives the following dates in respect of the 10 year extended sentence:
PED
NPD
11.9
S
31/03/09
31/07/10
LED
SED
01/04/13
31/03/15
Interaction of a Section 236A SOPC with a Standard Determinate Sentence (SDS)
Concurrent sentences
11.9.1 Where anSDSand a SOPC run concurrently the two sentences will be calculated
individually and the later dates applied.The SOPC will be calculated on a yellow calculation
sheet and the SDS will be calculated on a green calculation sheet (or blue/pink sheet
where appropriate) -seeAppendix B.
PSI 03/2015
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EXAMPLE 55
Prisoner sentenced on 18 June 2015 to a SOPC of 5 years custodial period and a 1 year
licence period with a SDS of 6 years ordered to be concurrent. There were 100 relevant
remand days. The calculation sheets would be set up as follows:
YELLOW SHEET
Section 236A SENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC)
OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08
Dates Cases
Offence
committed
Sentence or order made Sentence
18/06/2015
5 years custodial period +1 year
licence period
Number of days Sentence
A Total length of sentence
From
(DOS)
18/06/2015
to 17/06/2021
(end of custodial period +
licence / extension period)
B Length of custodial part of sentence
From 18/06/2015
(DOS)
C
SLED = number of days at A
from date of sentence
2192
=
17
:
06
: 21
CRD = number of days at B
from date of sentence
1827
to 17/06/2020
(end of custodial period)
=
17
:
06
:20
PED = number of days at C
from date of sentence
Days to PED
914
B ÷ 2 Rounded up
=
17
:
12
:17
EFFECTIVE RELEASE DATES
D Remand period(s) calculated by HMPS:
From 10/03/2015 to 17/06/2015 = 100
From ____________ to ____________ =
From ____________ to ____________ =
Tagged bail time directed by court =
PSI 03/2015
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
100
E
F
G
CRD
Date at B minus
D
PED
Date at C minus
D
SLED
Date at
A minus
D
09/03/2021
09/03/2020
09/03/2018
Taken from CRD
on green sheet –
later than SOPC
PED
UPDATE ISSUED15/07/2015
PAGE 132
Green Calculation Sheet
Sentence
1
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
NUMBER OF
DAYS TO CRD
DATE OF CRD
(Number of days at D
reckoned from DOS)
6 yrs
mos
days
2192
17/06/2021
B ÷ 2 Rounded
up
1096
17/06/2018
From 18/05/2015 to 17/05/2021
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
G
EFFECTIVE SLED
Latest date in C minus F
17/06/2021
See yellow sheet
H
EFFECTIVE CRD
Latest date in E minus F
17/06/2018
This becomes effective PED – see
yellow sheet
The two sentences run parallel and the latest release dates are adopted as the effective
release dates. The CRD of the SDS falls between the PED and CRD of the SOPC.
Therefore, the CRD of the SDS becomes the effective PED – 09/03/2018 after remand is
applied - because that is the earliest the offender could possibly be released. If parole was
not authorised, automatic release would be at the CRD of the SOPC – 09/03/2020 after
remand is applied. Release would be on a licence expiring at the common SLED from both
sentences – 09/03/2021 after remand is applied.
Consecutive sentences
11.9.2Where an SDS is consecutive to a SOPC (or vice versa), the total sentence length of both
the SDS and the SOPC will be aggregated to find the SLED. Parole eligibility will be after
half of the SDS + half of the custodial period of the SOPC. 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 SOPC.
11.9.3 Where the SDS was imposed prior to 03/12/2012 and was for a Schedule 15 offence
committed prior to 04/04/05 so that it also had a PED,the effective PED and CRD will be
calculating by running the custodial periods in the order that the sentences were imposed
by the court. The SLED will be at the end of the aggregate of the SDS + the custodial
period + the licence period of the SOPC. The PED would be at the half way point of the
SDS + half of the custodial period of the SOPC and the CRD would be after two thirds of
the SDS + the whole of the custodial period of the SOPC had been served.
11.9.4 Where the SDS does not have a PED, when calculating the effective PED and CRD of the
SOPC, a notional CRD of the SDS will be calculated from the first date of sentence and the
custodial period of the SOPC will start the day after that notional CRD irrespective of the
order that the sentences were imposed by the court.
EXAMPLE 56
Prisoner sentenced on 3 July 2015 to a SOPC of 3 years custodial period and a 1 year
licence period with a SDS of 2 years ordered to be consecutive. There were 60 relevant
remand days and 20 tagged bail days directed to count. The calculation sheets would be
set up as follows:
PSI 03/2015
UPDATE ISSUED15/07/2015
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Green Calculation Sheet
Sentence
1
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences from
DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
NUMBER OF
DAYS TO CRD
DATE OF CRD
(Number of days at D
reckoned from DOS)
2 yrs
mos
days
731
See yellow sheet
B ÷ 2 Rounded
up
366
Notional CRD
02/07/2016
From 03/07/2015 to 02/07//2017
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
PSI 03/2015
G
EFFECTIVE SLED
Latest date in C minus F
See yellow sheet
H
EFFECTIVE CRD
Latest date in E minus F
See yellow sheet
UPDATE ISSUED15/07/2015
PAGE 134
YELLOW SHEET
Section 236A SENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC)
OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08
Dates Cases
Offence
committed
Sentence or order made Sentence
03/07/2015
3 years custodial period +1 year
licence period
Number of days Sentence
A Total length of sentence
2 years SDS + 3 years custodial + 1 year licence
From 03/07/2015
to 02/07/2021
(DOS)
(end of custodial period +
licence / extension period)
B Length of custodial part of sentence
From 03/07/2016
(DOS)
C
SLED = number of days at A
from date of sentence
2192
=
02
:
07
: 21
CRD = number of days at B
from date of sentence
1095
to 02/07/2019
(end of custodial period)
=
02
:
07
:19
PED = number of days at C
from date of sentence
Days to PED
548
B ÷ 2 Rounded up
=
EFFECTIVE RELEASE DATES
E
D Remand period(s) calculated by HMPS:
From
_
to _ __
= 60
From ____________ to ____________ =
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
80
01
:
01
:18
F
G
CRD
Date at B minus
D
PED
Date at C minus
D
SLED
Date at
A minus
D
13/04/2021
13/04/2019
13/10/2017
From ____________ to ____________ =
Tagged bail time directed by court = 20
The SLED is at the end of the aggregate of the SDS + the custodial period and the licence
period of the SOPC – ie after 6 years and can be calculated on the yellow SOPC
calculation sheet. The green sheet is used to work out the notional CRD of the 2 years
SDS. The custodial period of the SOPC can then be calculated on the yellow sheet starting
the day after the notional CRD from the green sheet which gives the effective PED and
CRD. The remand and tagged bail can then be applied to the effective release dates which
are all on the yellow sheet. Take care to annotate the green sheet to say that all effective
dates are on the yellow sheet.
11.10 Interaction of a Section 236A SOPC with a Section 226A or 226B EDS
Concurrent sentences
11.10.1Where a SOPC is imposed concurrently to an EDS, the two sentences will run parallel.
Release will be on the latest release date produced by the two sentences on licence to the
latest SLED. The SOPC will be calculated on the yellow sheet and the EDS will be
PSI 03/2015
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PAGE 135
calculated on the white sheet at APPENDIX B. Care must be taken to annotate each sheet
to point to the effective release dates.
11.10.2Where the EDS has a PED, eligibility for parole will be on the latest PED produced by the
EDS and the SOPC.
11.10.3 Where the EDS does not have a PED and the CRD of the EDS falls between the PED
and the CRD of the SOPC, the earliest the offender could be released on parole would be
the CRD of the EDS.
For example:


Offender is sentenced on 23 March 2015 to an EDS of 8 years comprising a 5 year
custodial period and a 3 year extension period. The offence was NOT a schedule
15B offence.
On 11 May 2015 the offender is further sentenced to a SOPC of a 4 years custodial
and a 1 year licence period. The SOPC is ordered to be concurrent to the earlier
EDS
The EDS would be calculated on a white sheet:
Days in the EDS
23/03/2015 – 22/03/2023
=
2922
=
22/03/2023
SLED
Days in custodial period
23/03/2015 – 22/03/2020
Days to CRD 1827 – (1827 ÷ 3)
=
=
1827
1218
=
22/07/2018
CRD
The SOPC would be calculated on a yellow sheet
Days in the custodial + licence period
11/05/2015 10/05/2020
=
1827
=
10/05/2020
SLED
Days in custodial period
11/05/2015 10/05/2019
1461
=
10/05/2019
CRD
731
=
10/05/2017
PED
=
Days to PED 1461 ÷ 2 (round up) =
The effective dates would be:
SLED 22/03/2023
CRD 10/05/2019
PED 22/07/2018
Because the CRD of the EDS is between the PED and CRD of the SOPC, the earliest that
release on parole could take place is the CRD of the EDS - 22/07/2018. Therefore, the
parole review would be made in line with 22/07/2018. If parole was not authorised,
automatic release would be on the CRD of the SOPC – 10/05/2019 and release would be
on licence to the SLED of the EDS – 22/03/2023.
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11.11 Interaction of Section 226A/Section 226B EDS with a Standard Determinate
Sentence (SDS) imposed on or after 3 December 2012
Concurrent sentences
11.11.1 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 on licence to the
latest SLED. The EDS will be calculated on the white EDS calculation sheet atAPPENDIX
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 57
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 03/2015
UPDATE ISSUED15/07/2015
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Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
SHEET
Cases
Dates
Offence
committed
WHITE
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
Length of custodial part of sentence
From 17/12/2012
(DOS)
to 16/12/2016
(end of custodial period)
16
:
12
: 2018
CRD = number of days at B
From date of
sentence
1461
=
:
;
NB CRD at B applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was a schedule 15B
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 ______________ =
From ______________ to ______________ =
Tagged bail time directed by court =
PSI 03/2015
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
60
E
SLED
Date at A minus
D
17/10/2018
F
CRD
Date at B minus
D
G
PED/CRD
Date at C minus
D
18/06/2015
See other sheet
for effective
CRD
60
UPDATE ISSUED15/07/2015
PAGE 138
Green Calculation Sheet
Sentence
1
A
B
C
D
E
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences from
DOS/ to
NUMBER OF
DAYS IN
SENTENCE
DATE OF SLED
(Number of
days at B
reckoned from
DOS)
NUMBER OF
DAYS TO CRD
DATE OF CRD
(Number of days at D
reckoned from DOS)
3 yrs
mos
days
1096
14/02/2018
B ÷ 2 Rounded
up
548
15/08/2016
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.
PSI 03/2015
UPDATE ISSUED15/07/2015
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EXAMPLE 58
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
SHEET
Cases
Dates
Offence
committed
WHITE
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 applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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 ______________ =
From ______________ to ______________ =
PSI 03/2015
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
NIL
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
– check green
calc sheet for
CRD
UPDATE ISSUED15/07/2015
PAGE 140
Tagged bail time directed by court =
PSI 03/2015
UPDATE ISSUED15/07/2015
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Green Calculation Sheet
Sentence
1
A
B
SENTENCE
Individually for concurrent
sentences and the
aggregate term for
consecutive sentences
from DOS/ to
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
E
NUMBER OF
DAYS TO CRD
B ÷ 2 Rounded
up
1461
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
11.11.2 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.
11.11.3 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.
11.11.4 N.B. Any remand to custody time and tagged bail time is deducted once the overall
release dates have been calculated.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 142
EXAMPLE 59
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:Green Calculation Sheet
Sentence
1
Aggregate
of EDS +
SDS
Sentence
2
3 years
A
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive sentences
from DOS/ to
NUMBER OF
DAYS IN
SENTENCE
11 yrs
mos
days
C
Aggregate of
EDS + SDS
4017
DATE OF SLED
(Number of days
at B reckoned
from DOS)
D
E
NUMBER OF
DAYS TO
CRD
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
3 yrs
mos days
From 17/12/2012 to 16/12/2015
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
45
PSI 03/2015
1095
For SLED see
above
G
EFFECTIVE SLED
Latest date in C minus F
16/12/2023
01/11/2023
548
17/06/2014
H
EFFECTIVE CRD
Latest date in E minus F
17/06/2014
See EDS sheet for effective CRD
UPDATE ISSUED15/07/2015
PAGE 143
226A or 226B Extended Sentence imposed on or after 03/12/2012
SHEET
Cases
Dates
Offence
committed
A
Sentence or order made
Sentence
8 years comprising 4 years
custodial period + 4 years
extension period NOT schedule
15B consec to 3 years SDS
SLED = number of days at A
from date of sentence
=
:
:
Total length of sentence
From
to
(DOS)
(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)
NB CRD at B applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was a schedule 15B offence
C
Days to PED/ CRD
WHITE
B – (B ÷ 3 rounded down )
CRD = number of days at B
From date of
sentence
1461
=
:
;
PED/CRD = number of days at C
From date of sentence
974
=
NB PED ONLY applies where there is a CRD at B
15
: 02
: 2017
EFFECTIVE RELEASE DATES
Remand period(s) calculated by HMPS:
From ______________ to ___________ = 45
From ______________ to ____________ =
From ______________ to ____________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
45
E
SLED
Date at A minus
D
See green sheet
for effective
SLED
F
CRD
Date at B minus
D
G
PED/CRD
Date at C minus
D
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.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 144
EXAMPLE 60
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
B
SENTENCE
Individually for concurrent
sentences and the aggregate
term for consecutive
sentences
from DOS/ to
Sentence
1 Aggregate
of EDS +
SDS
NUMBER OF
DAYS IN
SENTENCE
C
DATE OF SLED
(Number of
days at B
reckoned
from DOS)
13 yrs
mos days
From 28/04/2014 to 27/04/2027
Aggregate of
EDS + SDS
4748
27/04/2027
Sentence
2
4
1461
For SLED see
above
4 yrs
From 28/04/2014 to 27/042018
yrs
mos
days
F
TOTAL NUMBER OF DAYS OF COURT
DIRECTED REMAND
Nil
PSI 03/2015
G
EFFECTIVE SLED
Latest date in C minus F
27/04/2027
D
E
NUMBER
OF
DAYS TO
CRD
B÷2
Rounded
up
DATE OF CRD
(Number of days at D
reckoned from DOS)
731
27/04/2016
H
EFFECTIVE CRD
Latest date in E minus F
27/04/2016
See EDS sheet for effective PED &CRD
UPDATE ISSUED15/07/2015
PAGE 145
Section 226A or 226B Extended Sentence imposed on or after 03/12/2012
SHEET
Cases
Dates
Offence
committed
WHITE
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 applies for all EDSs imposed on or after
13/04/2015 and for EDSs imposed BEFORE 13/04/2015
where the custodial period is 10 years or more OR the
custodial period is less than 10 years but the offence
was 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 ______________ =
From ______________ to ______________ =
D
TOTAL NUMBER
OF DAYS OF
REMAND/
TAGGED BAIL
TIME
NIL
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
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 146
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.
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.
11.12 Interaction of EDS with a Standard Determinate Sentence (SDS) imposed before
03/12/2012
11.12.1 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.
11.12.2 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.
11.12.3 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 61
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:PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 147
PED = 13/012/2015
NPD = 13/12/2016
EXAMPLE 62
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. NPD 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
11.13 Interaction of a section 227/228 extended sentence Imposed on or after 14 July 2008
with an SDS
Concurrent sentences
11.13.1 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
11.13.2 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 63
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
11.14 Interaction of a Section 227/228 extended sentences imposed before 14 July 2008
with an SDS
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 148
11.14.1 Section 227/228 extended sentences imposed before 14 July 2008 are treated exactly like
SOPCs and the interaction guidance of SOPCs with SDSs and EDSs set out in the
paragraphs under 11.9 and 11.10 above will apply.
11.15 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
before03/12/12 for an offence committed on or after 04/04/05
11.15.1 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.
11.15.2 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
anSDS of less than 12 months imposed before 03/12/12.
11.15.3 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 64
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:
PED
NPD
LED
SED
PSI 03/2015
=
=
=
=
02/03/2013
02/03/2015
02/03/2024
02/03/2027
UPDATE ISSUED15/07/2015
PAGE 149
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.
PSI 03/2015
UPDATE ISSUED15/07/2015
PAGE 150
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.
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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
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 half way ARD, CRD, PED
50% of E for two thirds PED, 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
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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.
A
=
Number of days in the total sentence from the calculation
sheet
B
=
Number of days to ARD, CRD, NPD, PED
C
=
Number of days earlier release approved
D
=
B – C to give a new total
E
=
Number of days remand (or police custody time) + D
F
=
100% of E for half way ARD, CRD, PED
50% of E for two thirds PED, NPD
G
=
E + F = new sentence length
H
=
A – G = number of days special remission required
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 Other than extended sentences and SOPCs which are covered in Chapter 11, 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)
A 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.
14.2 Sentence of DYOI: offenders aged 18, 19, and 20
14.2.1 For offenders aged 18 to 20 years old inclusive on conviction, there 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 Supervision after release
14.5.1 In the case of offenders who are;
under the age of 18 at the half way point of a term (as adjusted by remand/tagged
bail and any UAL) of less than 12 months that was imposed for offences committed
on or after 01/02/2015 or,

being released from a term of less than 12 months for offences committed
BEFORE 01/02/2015
the release is not subject to licence and is on an automatic release date (ARD) with
an SED. However, such prisoners will be subject to a period of supervision in
accordance with Section 256B of the CJA 2003 which will expire 3 months after the
date of release.
14.5.2 All other Young Offenders will be released on licence to the LED/SLED relevant to the
sentence to which they are subject as per the instructions set out in Chapter 5.
14.5.3 In the above paragraphs, ‘term’ is to be taken as including 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.
14.5.4 Under Section 256C of the CJA 2003, a failure to comply with a period of supervision 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.
14.5.5 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.
14.5.6 Further guidance on supervision notices for these sentences can be found in PSI 37/2012.
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 beconverted 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 65
•
•
•
•
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
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15.4.1 Additional days may not be awarded to an offender serving a DTO.
15.5 Post Sentence Supervision
15.5.1 Where an offender is aged 18 years or more at the Mid Transfer Date (MTD) of a DTO of
less than 2 years that was imposed for offences committed on or after 01/02/2015, release
will be on a DTO licence expiring at the end of the DTO and the offender will be subject to
Post Sentence Supervision requiring a TUSED that expires 12 months after the MTD.
15.5.2 Post Sentence Supervision does not apply to those offenders who committed their
offences prior to 01/02/2015, or those who are serving a DTO of less than 2 years who are
under 18 years of age at the MTD. Neither is a TUSED required for those serving the
maximum DTO length of 2 years. Offenders released from a 2 year DTO will be subject to
12 months supervision anyway and therefore, do not require any additional ‘top up’
supervision.
15.6 Multiple DTOs
15.6.1 Offenders may receive more than one DTO. Subject to paragraphs 15.6.2 and 15.6.3
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.
15.6.2 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
15.6.3 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.
15.6.4 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.
15.6.5 Where the single term is less than 24 months and comprises at least one DTO imposed for
an offence committed on or after 01/02/2015 that is subject to Post Sentence Supervision,
release will be on licence to the end of the DTO and subject to supervision until the
TUSED which will be 12 months after the MTD of the single term.
Single term: concurrent sentences
15.6.6 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.
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Example 66
•
•
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
Half-way point of DTO 2
Half-way point of single term
•
•
•
End of DTO 1
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
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 60 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
15.6.7 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.
15.6.8 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 67
•
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
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DTO 1
DTO 2
DTO 3
Half- way point of single term
•
•
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.
Example 68
•
An offender receives a DTO of 8 months on 16 February 2015 (DTO1) that is NOT
subject to Post Sentence Supervision. He then receives a further DTO of 6 months
on 3 March 2015 to run consecutively (DTO 2). This term IS subject to Post
Sentence Supervision.A single term of 14 months is created that is subject to Post
Sentence Supervision.
DTO 1
DTO 2
MTD of single term
•
•
•
15.7
End of single term TUSED
The term runs from 16/02/2015 to 15/04/2016 giving a total of 425 days
Half of 425 rounded up is 213
213 days from 16/02/2015 gives a release date of 16/09/2015
TUSED
months after 16/09/2015 which is 16/09/2016.
is
12
Early and Late Release
15.7.1 The release date under a DTO may be brought forward by the Secretary of State as
follows:
(a)
(b)
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.
15.7.2 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:
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•
•
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.
15.7.3 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.
15.7.4 Allowing early or late release does NOT affect the TUSED. The TUSED is always 12
months after the MTD whether the offender is released on that date or on an ETD or LTD.
15.8
Interaction with Sentences of DYOI
15.8.1 It is possible for an offender to be subject both to a DTO(s) and a term (s) of DYOI at the
same time.
15.8.2 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
15.8.3 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.
15.8.4 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.
15.8.5 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.
15.8.6 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
15.8.7 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
15.8.8 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.
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15.8.9 “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,
imposed “concurrently” or “consecutively” to one another since, as mentioned above, they
are structured differently.
15.8.10 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.
15.8.11 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.
15.8.12 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 69
•
•
An offender is given a DTO of 24 months on 11/02/2013.
The offender subsequently receives a consecutive sentence of 8 months DYOI on
01/03/2013.
DTO
Half-way point of DTO
DYOI takes
effect
End of DTO
Release
from DYOI
DYOI
supervision ends
Period during which offender
is subject concurrently to
DTO and DYOI
•
•
•
•
PSI 03/2015
When the offender 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
The offender is therefore treated as if subject only to a DYOI while remaining in
(DYOI) custody for the next 4 months until 11/06/2014
The offender 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 the offender 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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15.9 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
15.9.1 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.
15.10 Breach of supervision requirements of a DTO – section 104 of the 2000 Act (as
amended by section 80 of the LASPOA 2012)
5.10.1 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.
5.10.2 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.
5.10.3 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.
15.11
Re-offending during the DTO: order of re-detention under section 105 of the 2000
Act
5.11.1 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 notcombined with the period of redetention 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
03/2015
OPERATIONAL GUIDANCEPART IV
TERMS OF IMPRISONMENT
Chapter 16
TERMS IN DEFAULT OF PAYMENT
Chapter 17
CIVIL PRISONERS
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CHAPTER 16
16.1
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.
16.1.7 Terms in default and civil terms do not attract Post Sentence Supervision and so will NOT
have a TUSED.
16.2
Procedures
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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.
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 16.7for 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.
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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 subject to the exception set out in Para 16.2.16 below in cases
where the amount of the confiscation order set by the Crown Court on or after 1 June
2015 was for £10 million or more.
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
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.
Confiscation Orders of £10 million or more imposed on or after 1 June 2015
16.2.16 Where the Crown Court impose a term in default of a confiscation order on or after 1 June
2015 and the amount of the order is £10 million pounds or more, any term of imprisonment
subsequently enforced by the magistrates court must be served in full. This rule will apply
irrespective of the £amount outstanding at the point that the magistrates court enforce the
term in default. It is the original amount imposed by the Crown Court that determines
whether the subsequent term of imprisonment is served in full or attracts early release at
the half way point. Where that original amount was £10 million or more, there will be no
early release.
For example:
On 10 August 2015 the Crown Court impose 6 years in default of a confiscation order of
£12.5 million with 6 months to pay.
In October 2015 the offender pays £5 million leaving a balance of £7.5 million.
On 17 March 2016 the Magistrates Court enforce the confiscation order and issue a warrant
of commitment for 4 years in respect of the £7.5 million
The offender would be required to serve the 4 years in full because the original confiscation
order made by the Crown Court was for more than £10 million.
16.2.17 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.
16.2.18 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
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16.2.19 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.
16.2.20 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.
16.2.21 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.
16.2.22 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.
16.2.23 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.
16.2.24 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 subject to the
exception detailed in Paragraph 16.3.5 below.
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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 Where the Crown Court impose a confiscation order on or after 1 June 2015 and the
amount of the confiscation order is £10 million or more, any term subsequently enforced by
the Magistrates Court in default of payment of the confiscation order must be served in full.
See Paragraph 16.2.16 above.
16.3.6 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, (subject to the exception set
out in para 16.2.16 above).
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 70
A prisoner is sentenced on 4 March 2013 to a fine of £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
ARD
SED
18 April
3 June
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
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EXAMPLE 71
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:

16.6
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.
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
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
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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 72
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 =
15 days or 15 January
30 days or 30 January
DMR = £1500/(30 – 1) = £51.73
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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 73
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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16.9
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 74
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
16.10 Costs of issue of warrant
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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.
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EXAMPLE 75
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)
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Those serving a term for contempt are in general all entitled to early release.
The release will be unconditional.
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(iii)
(iv)
(v)
(iv)
Those serving a term of less than 12 months will be released at the half way point,
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
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17.3.4 Maintenance orders are defined in Schedule 8 to the Administration of Justice Act 1970. A
person who has failed to make the payments ordered by the supervising court in this
respect will be liable to imprisonment. 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)
Failure to pay income tax, capital gains or
corporation tax
Failure to pay National Insurance contributions
(c)
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
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the sum is therefore treated in the same way as failure to pay a fine for a criminal
conviction. Terms of imprisonment in default are considered in Chapter 16.
17.3.10 Civil terms do NOT attract Post Sentence Supervision. Therefore they will NOT have a
TUSED.
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Annex E
PRISON SERVICE INSTRUCTION
OPERATIONAL GUIDANCE
PART V
Appendice
s to the
Operationa
l 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
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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
Appendix O
Schedule 18A
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APPENDIX A
ABBREVIATIONS
The following abbreviations are used in the manual:
ADAs
APD
ARD
B
BOTUS
CED
CJA 2003
CJCA2015
COACD
CRD
DTO
DYOI
EDS
ERRS
ESPP
FTR
HDC
HDCED
LASPOA 2012
LED
NPD
OMPPG
ORA 2014
PACE
PADAs
PED
PRRD
PSI
PSO
RADAS
RDR
ROR
ROTL
Rx
S
SDS
SED
SLED
SOPC
TUSED
UAL
1967 Act
1991 Act
2000 Act
PSI 03/2015
Added days awarded
Approved Parole Date
Automatic release date
Bailed
Breach of Top Up Supervision (sentence type code on NOMIS)
Custody end date
Criminal Justice Act 2003
Criminal Justice and Courts Act 2015
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
Offender Rehabilitation Act 2014
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
Special Custodial Sentence for Certain Offenders of Particular
Concern
Top Up Supervision End Date
Unlawfully at large time
Criminal Justice Act 1967
Criminal Justice Act 1991
Powers of Criminal Courts (Sentencing) Act 2000
UPDATE ISSUED15/07/2015
PAGE 182
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 lilac is a supplementary sheet to be used with the green
sheet in order to calculate the LED and TUSED where applicable.
•
the third form which is white is for extended sentences imposed under Section
226A or
226B
•
the fourth form, which is grey, is for extended sentences that were imposed under
Section 227 or 228 on or after 14 July 2008.
•
The fifth form, which is yellowis for SOPCs (Special Custodial Sentences for
Certain Offenders of Particular Concern) imposed under Section 236A on or after
13/04/2015 and for extended sentences that were imposed under Section 227 or
228 BEFORE 14 July 2008
•
the sixth form, which is white, is for sentences/single terms of less than 12 months
imposed before 3 December 2012.
•
the seventh 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 eighth 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. __________________________
Establishment
Date
Reason for variation
Name __________________________________
No of
days
SLED/SED
LED
(If app.)
CRD/ARD
TUSED
(See
guidance
overleaf)
Initials
ERSED
(If app.)
HDCED
(If app.)
Calc
Check
Upon first reception after
sentence
ROTL Eligibility Dates
DIAGRAM OF SENTENCE(S)
RDRED:
RORED:
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GREEN SHEET
UPDATE ISSUED15/07/2015
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SDS Imposed on or after 03/12/12 andSDS of 12 months or more imposed before 03/12/12 for offences committed on or after 04/04/05
A
B
C
D
E
SENTENCE
Individually for concurrent sentences and the aggregate
term for consecutive sentences
from DOS/ to
NUMBER OF DAYS IN
SENTENCE
DATE OF SLED/SED
Number of days at B
reckoned from DOS
NUMBER OF DAYS TO
CRD/ARD
B ÷ 2 Rounded up
DATE OF CRD/ARD
Number of days at D
reckoned from DOS
yrs
mos
weeks
days
SED/SLED
Sentence 1
From __________________ to __________________
yrs
mos
weeks
days
SED/SLED
Sentence 2
From __________________ to __________________
yrs
mos
weeks
days
SED/SLED
Sentence 3
From __________________ to __________________
Sentence 4
yrs
mos
weeks
days
From __________________ to __________________
yrs
mos
weeks
SED/SLED
days
SED/SLED
Sentence 5
From __________________ to __________________
EFFECTIVE RELEASE DATES
Jan
F
G
H
EFFECTIVE
SLED/SED
Latest date in C
minus F
LED
Where
applicable
Please refer to
instructions
below*
I
J
EFFECTIVE
CRD/ARD
Latest date in E
minus F
TUSED
12 months from
latest
applicable date
in E minus F
Please refer to
instructions
below**
Remand period(s) calculated by HMPS:
TOTAL
NUMBER OF
DAYS OF
REMAND /
TAGGED
BAIL TIME
From ____________ to ____________ =
From ____________ to ____________ =
From ____________ to ____________ =
From ____________ to ____________ =
Tagged bail time directed by court =
Multiples of Years
Leap Years
365 x2 730
365 x6 2190
2016
2032
2048
365 x3 1095
365 x7 2555
2020
2036
2052
365 x4 1460
365 x8 2920
2024
2040
2056
365 x5 1825
365 x9 3285
2028
2044
2060
PSI 03/2015
*Separate LED applicable where an SED in C is later than a SLED OR for
aggregates of less than 12 months comprising a mixture of sentences for
offences committed both before and on or after 01/02/2015
**TUSED applies to sentences/aggregates of between 2 days and less than 2
years for O/C on or after 01/02/2015, where the offender is 18 years or more at
the half way point of the sentence adjusted for any relevant UAL
31
31
31
31
31
Feb
Jan
Feb
Mar
31
31
31
31
31
Mar
Apr
30
30
30
30
30
Apr
May
31
31
31
31
31
May
Jun
30
30
30
30
30
Jun
Jul
31
31
31
31
31
Jul
Aug
31
31
31
31
31
Aug
Sep
30
30
30
30
30
Sep
Oct
31
31
31
31
31
Oct
Nov
30
30
30
30
30
Nov
Dec
31
31
31
31
31
Dec
UPDATE ISSUED15/07/2015
PAGE 185
LILAC SHEET
CALCULATION OF LED AND TUSED – to be used in conjunction with green calculation sheet
For consecutive sentences with aggregates of under 12 months, for a mixture of offences committed before and after the
01/02/2015
A
SED
B
CRD
C
D
E
F
G
H
Aggregate of ORA sentences
only
Figure in C reckoned from
first sentence date within
sentence envelope
Total number of
days in
aggregate
Number of days
to serve on
licence
E ÷ 2 Rounded
down
LED
Number of days
in F reckoned
from CRD in B
TUSED
B + 12 months
Effective Release Dates
from Original Calculation
(Green sheet) - prior to
ADA’s/ROR
mos
Effective Release Dates
from Original Calculation
(Green sheet) - prior to
ADA’s/ROR
mos
Effective Release Dates
from Original Calculation
(Green sheet) - prior to
ADA’s/ROR
mos
PSI 03/2015
Total length of aggregate
weeks
days
_________ to _________
Total length of aggregate
weeks
days
_________ to _________
Total length of aggregate
weeks
days
_________ to _________
UPDATE ISSUED15/07/2015
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186
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
(Upon first reception after
sentence)
DIAGRAM OF SENTENCE(S)
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15/07/2015
UPDATE ISSUED
Check
PAGE
187
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
SLED = number of days at A
from date of sentence
From
(DOS)
=
to
(end of Ext period)
:
CRD = number of days at B
from date of sentence
B Length of custodial part of sentence
From
(DOS)
:
to
(end of custodial period)
=
:
:
NB CRD at B applies for all EDSs imposed on or after
13/04/2015 and for those EDSs imposed before
13/04/2015where 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
PED/CRD = number of days at C
from date of sentence
Days to PED/ CRD 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
Feb
Jan
Multiples of years
Feb
365 x 2 730
365 x 6 2190
Mar
31
31
31
31
31
Mar
365 x 3 1095
365 x 7 2555
Apr
30
30
30
30
30
Apr
365 x 4 1460
365 x 8 2920
May
31
31
31
31
31
May
365 x 5 1825
365 x 9 3285
Jun
30
30
30
30
30
Jun
Leap Years
Jul
31
31
31
31
31
Jul
2016
2032
2048
Aug
31
31
31
31
31
Aug
2020
2036
2052
Sep
30
30
30
30
30
Sep
2024
2040
2056
Oct
31
31
31
31
31
Oct
2028
2044
2060
PSI 03/2015
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188
Nov
30
30
30
30
30
Nov
Dec
31
31
31
31
31
Dec
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189
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 _____________________________
Establishment
Date
Reason for variation
No of
Days
SLED
Initials
CRD
Calc
(Upon first reception
after sentence)
DIAGRAM OF SENTENCE(S)
PSI 03/2015
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UPDATE ISSUED
Check
PAGE
190
Section 227/228 EXTENDED SENTENCE
after 14/07/08
GREY SHEET Imposed on or
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 including
the whole of any consec SDS)
BNumber of days relevant remand
CDays to SLED
SLED = number of days at C
from date of sentence
(A – B)
=
:
:
D Length of custodial part of sentence
From
to
(DOS)
(end of custodial term
including the whole of
any consec SDS)
E
Effective custodial term (D – B)
CRD = number of days at F
from date of sentence
F
Days to Conditional Release Date
E – (D ÷ 2 Rounded down)
=
Jan
31
31
31
31
31
Feb
:
Jan
Multiples of years
Feb
365 x 2 730
365 x 6 2190
Mar
31
31
31
31
31
Mar
365 x 3 1095
365 x 7 2555
Apr
30
30
30
30
30
Apr
365 x 4 1460
365 x 8 2920
May
31
31
31
31
31
May
365 x 5 1825
365 x 9 3285
Jun
30
30
30
30
30
Jun
Leap Years
Jul
31
31
31
31
31
Jul
2016
2032
2048
Aug
31
31
31
31
31
Aug
2020
2036
2052
Sep
30
30
30
30
30
Sep
2024
2040
2056
Oct
31
31
31
31
31
Oct
2028
2044
2060
Nov
30
30
30
30
30
Nov
Dec
31
31
31
31
31
Dec
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:
UPDATE ISSUED
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191
PSI 03/2015
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192
YELLOW SHEET
Section 236ASENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) imposed
on or after 13 April 2015
OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08
No. _______________________ Name _____________________________
Establishment
Date
Reason for variation
No of
Days
SLED
CRD
Initials
PED
Calc
(Upon first reception
after sentence)
ROTL Eligibility Dates
RDRED:
RORED:
DIAGRAM OF SENTENCE(S)
PSI 03/2015
15/07/2015
UPDATE ISSUED
Check
PAGE
193
YELLOW SHEET
Section 236ASENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) imposed
on or after 13 April 2015
OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08
Cases
Dates
Offence
committed
Sentence or order
made
Sentence
Number of days
Sentence
A Total length of sentence
SLED = number of days at A
from date of sentence
From
to
(DOS)
(end of custodial period +
Licence/extension period
=
B Length of custodial part of sentence
CRD = number of days at B
from date of sentence
From
(DOS)
=
C
to
(end of custodial period)
:
:
:
:
PED = number of days at C
from date of sentence
=
:
:
Days to PED
(B ÷ 2 Rounded up)
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
Date at C minus
D
From ____________ to ____________ =
Tagged bail time directed by court =
Jan
31
31
31
31
31
Feb
Jan
Multiples of years
Feb
365 x 2 730
365 x 6 2190
Mar
31
31
31
31
31
Mar
365 x 3 1095
365 x 7 2555
Apr
30
30
30
30
30
Apr
365 x 4 1460
365 x 8 2920
May
31
31
31
31
31
May
365 x 5 1825
365 x 9 3285
Jun
30
30
30
30
30
Jun
Leap Years
Jul
31
31
31
31
31
Jul
2016
2032
2048
Aug
31
31
31
31
31
Aug
2020
2036
2052
Sep
30
30
30
30
30
Sep
2024
2040
2056
Oct
31
31
31
31
31
Oct
2028
2044
2060
Nov
30
30
30
30
30
Nov
Dec
31
31
31
31
31
Dec
PSI 03/2015
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UPDATE ISSUED
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194
WHITE SHEET
Sentences of less than 12 months imposed BEFORE 03/12/2012
No.
Establishment
Name.
Date
Reason for variation
No of
days
SED
Initials
ARD
Calc
DIAGRAM OF SENTENCE(S)
PSI 03/2015
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UPDATE ISSUED
Check
PAGE
195
Sentences of less than 12 months imposed BEFORE 03/12/2012
WHITE SHEET
Cases Dates
Offence
Police
Committed Custody
Remand
Bail at
Reception Sentence
Prison/Court Off Bail
Sentence/
Order
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________=
SED = number of days
C.
at C from date of
sentence
Actual term (A - B)
=
:
:
ARD = number of days
D.
at D from date of
sentence
Automatic release date
C - (A÷2 Rounded down)
=
Jan 31
31
31
31
31
31
Feb
Jan
Feb
365 x 2730
365 x 3
365 x 4 1460
365 x 5
365 x 6 2190
365 x 7
365 x 8 2920
365 x 9
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
1996
Aug
31
31
31
31
31
31
Aug
2004
Sep
30
30
30
30
30
30
Sep
2012
Oct
31
31
31
31
31
31
Oct
2020
Nov
30
30
30
30
30
30
Nov
2028
Dec 31
31
31
31
31
31
Dec
2036
:
1095
1825
2555
3285
LEAP YEARS
1992
2000
2008
2016
2024
2032
PSI 03/2015
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UPDATE ISSUED
:
PAGE
196
PINK SHEET
Sentences/single terms of 12 months to under 4 years imposed
before 03/12/2012
No.
Establishment
Name.
Date
Reason for variation
No of days
SED
LED
Initials
CRD
Calc
(Upon first reception after
sentence)
DIAGRAM OF SENTENCE(S)
PSI 03/2015
15/07/2015
UPDATE ISSUED
Check
PAGE
197
PINK SHEET
Sentences/single terms of 12 months to under 4 years imposed before 03/12/2012
Sentence/
Cases Dates
Order
Offence
Police
Remand Bail at
Reception Sentence
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_________ =
SED = number of days at
C
C from date of sentence
Actual term (A - B)
=
:
:
CRD = number of days at
D
D from date of sentence
Conditional release date
C - (A÷2 Rounded down)
=
:
:
LED = number of days at
E
E from date of sentence
Licence expiry date
C - (A÷4 Rounded down)
Jan 31
31
31
31
=
31
31
Feb
Jan
Feb
365 x 2730
365 x 3
365 x 4 1460
365 x 5
365 x 6 2190
365 x 7
365 x 8 2920
365 x 9
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
1996
Aug
31
31
31
31
31
31
Aug
2004
Sep
30
30
30
30
30
30
Sep
2012
Oct
31
31
31
31
31
31
Oct
2020
Nov
30
30
30
30
30
30
Nov
2028
:
1095
1825
2555
3285
LEAP YEARS
1992
2000
2008
2016
2024
2032
Dec 3131
31
PSI 03/2015
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31
31
31
Dec
UPDATE ISSUED
:
PAGE
198
BLUE SHEET
Sentences of 4 years or more imposed BEFORE 03/12/2012
No.
Establishment
Name.
Date
Reason for variation
No of
days
SED
LED
NPD
Calc
(Upon first reception after
sentence)
DIAGRAM OF SENTENCE(S)
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Initials
PED
UPDATE ISSUED
Check
PAGE
199
Sentences of 4 years or more imposed BEFORE 03/12/2012
BLUE SHEET
Sentence/
Cases Dates
Order
Offence
Police
Remand
Bail at
Reception Sentence
Committed Custody
Prison/
Off Bail
Court
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________ =
SED = number of days
C
at C from date of
sentence
Actual term (A - B)
=
:
:
PED = number of days
D
at D from date of
sentence
Parole eligibility date
C - (A÷2 Rounded down)
=
:
:
NPD = number of days
E
at E from date of
sentence
Non parole release date
C - (A÷3 Rounded down)
=
:
:
LED = number of days
F
at F from date of sentence
Licence expiry date
C - (A÷4 Rounded down)
=
Jan 31
31
31
31
31
31
Feb
Jan
365 x 2
Feb
365 x 4
Mar
31
31
31
31
31
31
Mar
365 x 6
Apr
30
30
30
30
30
30
Apr
365 x 8
May
31
31
31
31
31
31
May
Jun
30
30
30
30
30
30
Jun
Jul
31
31
31
31
31
31
Jul
1996
Aug
31
31
31
31
31
31
Aug
2004
Sep
30
30
30
30
30
30
Sep
2012
Oct
31
31
31
31
31
31
Oct
2020
Nov
30
30
30
30
30
30
Nov
2028
Dec 31
31
31
31
31
31
Dec
730
365 x 3
1460
365 x 5
2190
365 x 7
2920
365 x 9
:
:
1095
1825
2555
3285
LEAP YEARS
1992
2000
2008
2016
2024
2032
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200
APPENDIX C
THE COUNTING OF TIME IN CUSTODY BEFORE SENTENCE
A.
EXAMPLES OF PERIODS OF CUSTODY THAT CAN BE COUNTED AS TIME
SERVEDUNDER 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)
•
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.
B.
EXAMPLES OF PERIODS OF CUSTODY THAT SHOULD NOT BE COUNTED AS
TIMESERVED 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.
•
Periods in custody for Breach of Post Sentence Supervision
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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:
M .............. 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.
M ............. was originally sentenced to ............ on ........... and was released on licence.
On .............. the licence was revoked by the Secretary of State and s/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 which ensures that a sentence cannot be imposed consecutively to any term of
imprisonment from which release has already taken place, even where 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:
Section 20: Consecutive terms of imprisonment
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.
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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206
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 identified 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 orshe 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
Detention & Training Orders (DTO) and Section 104/105 Return
No. __________________________ Name __________________________________
Establishment
Date
Reason for variation
No of
days
SLED
MTD
ETD
(If app.)
LTD
(If app.)
TUSED
(see
guidance
overleaf)
Initials
Calc
Check
Upon first reception after sentence
DIAGRAM OF SENTENCE(S)
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Detention & Training Order (DTO) and Section 104/105 Return
Section 104 or Section 105 Return
Length of term imposed
(served in FULL)
Re-release Date
(dependant on any further
sentence or term imposed)
SLED
from original DTO
TUSED from original
DTO (if app.)
____________ days / wks / mos
From _________________ to ______________
Term 1
A
B
C
TERM
Length of individual DTOs
and length of single terms if a further DTO is
imposed either conc or cons
from DOS/to
NUMBER
OF DAYS IN
TERM
DAYS
SERVED ON
APPEAL
(If app.)
D
SLED
Number of Days at B
from DOS
Or; Where there are
days served on appeal
B – C calculated from
DOS
E
F
G
NUMBER OF DAYS TO MTD
B ÷ 2 (rounded up)
Or; Where there are days
served on appeal
B ÷ 2 (rounded up) - C
MTD
Number of days at E reckoned
from DOS
TUSED
Please refer to instructions
below*
Date in F + 12 months
________ months
From ______________ to ____________
Term 2
________ months
From ______________ to ____________
Term 3
________ months
From ______________ to ____________
Jan
31
31
31
31
31
Feb
Jan
Leap Years
Feb
2016
Mar
31
31
31
31
31
Mar
2020
Apr
30
30
30
30
30
Apr
2024
May
31
31
31
31
31
May
2028
Jun
30
30
30
30
30
Jun
2032
Jul
31
31
31
31
31
Jul
2036
Aug
31
31
31
31
31
Aug
2040
Sep
30
30
30
30
30
Sep
2044
Oct
31
31
31
31
31
Oct
2048
Nov
30
30
30
30
30
Nov
2052
Dec
31
31
31
31
31
Dec
PSI 03/2015
*TUSED applies to individual DTOs or single terms of between 4 months and 24 months for O/C on or after 01/02/2015, where
the offender is 18 or more at the half-way point of the term as adjusted for any relevant UAL(i.e. box F + UAL if applicable)
UPDATE ISSUED16/07/2015
PAGE 211
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:
Name:
Sentence:
Start Date:
Release on:
1
2
3
4
ADays in sentence
(as reduced if applicable)
BDays actually served
Friday/Bank Holiday credit days e.g.
Friday + 2 = days to ARD
CDays entitlement
Under 12 months - 100% of B
12 months & over - 50% of B*
(rounded down)
DB + C = days deemed to have been
served
EA - 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
C
(Number of days in original term – 1)
a
l
Each fine must be calculated separately
c
u 1
days x £
l
(
- 1 day)
a
t
days x £
i 2
(
1 day)
o
n
=£
=£
days x £
- 1 day)
=£
days x £
( - 1 day)
=£
3
c
o
m4
p
l
e
t
e
d
= Amount required (£)
(
Sub Total
£
Minus any appropriations plus distress warrants
£
Total required to secure release
b
y: _________________
£
Date: __________________
Checked by: _____________________________ Date: __________________
APPENDIX L
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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
no no
no no
yes
yes
yes
yes
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
Disobey non-monetary order
Mag
Failure to enter
recognizances(i.e. to be
bound over)
Various acts of mischief in the
Court
PSI 03/2015
no
yes
no
no
Mag
no no
no no
Crown
Mag
High
County
yes
yes
yes
yes
UPDATE ISSUED15/07/2015
PAGE 214
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).
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13
An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm).
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
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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).
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).
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45
An offence under section 2 of that Act (violent disorder).
46
An offence under section 3 of that Act (affray).
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).
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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).
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).
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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
(c) 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).
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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
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
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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
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).
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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).
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
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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).
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).
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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).
143A*
An offence under section 59A of that Act (trafficking for sexual exploitation).
* not yet in force (inserted by the Protection of Freedoms Act 2012)
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.
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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.
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12
An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear
weapons).
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
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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
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
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An offence under section 10 of that Act (misuse of radioactive devices or material and misuse and
damage of facilities).
43
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.
Conspiracy to commit a listed offence or murder.
Incitement to commit a listed offence or murder.
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.
Aiding, abetting, counselling or procuring the commission of a listed offence.
(2)
(3)
(4)
(5)
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
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(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.
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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APPENDIX O
SCHEDULE 18A
Sentence under section 236A: offences
Terrorism offences
1
An offence under section 4 of the Offences against the Person Act 1861 (soliciting murder) that has a
terrorist connection.
2
An offence under section 28 of that Act (causing bodily injury by explosives) that has a terrorist
connection.
3
An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm) that
has a terrorist connection.
4
An offence under section 2 of the Explosive Substances Act 1883 (causing explosion likely to endanger
life or property) that has a terrorist connection.
5
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with
intent to endanger life or property) that has a terrorist connection.
6
An offence under section 4 of that Act (making or possession of explosive under suspicious
circumstances) that has a terrorist connection.
7
An offence under section 54 of the Terrorism Act 2000 (weapons training).
8
An offence under section 56 of that Act (directing terrorist organisation).
9
An offence under section 57 of that Act (possession of article for terrorist purposes).
10
An offence under section 59 of that Act (inciting terrorism overseas).
11
An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear
weapons).
12
An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).
13
An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate).
14
An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts).
15
An offence under section 6 of that Act (training for terrorism).
16
An offence under section 9 of that Act (making or possession of radioactive device or material).
17
An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes etc).
18
An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc).
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Sexual offences
19 An offence under section 5 of the Sexual Offences Act 2003 (rape of a child under 13).
20 An offence under section 6 of that Act (assault of a child under 13 by penetration).
Accessories and inchoate offences
21
(1)
Aiding, abetting, counselling or procuring the commission of an offence specified in the
preceding paragraphs of this Schedule (a “relevant offence”).
(2)
An attempt to commit a relevant offence.
(3)
Conspiracy to commit a relevant offence.
(4)
An offence under Part 2 of the Serious Crime Act 2007 in relation to which a relevant offence is
the offence (or one of the offences) which the person intended or believed would be committed.
22
An offence in the following list that has a terrorist connection—
(a)
an attempt to commit murder,
(b)
conspiracy to commit murder, and
(c)
an offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence
(or one of the offences) which the person intended or believed would be committed.
Abolished offences
23
An offence that—
(a)
was abolished before the coming into force of section 236A, and
(b)
if committed on the day on which the offender was convicted of the offence, would have
constituted an offence specified in the preceding paragraphs of this Schedule.
Meaning of “terrorist connection”
24
For the purposes of this Schedule, an offence has a terrorist connection if a court has determined
under section 30 of the Counter-Terrorism Act 2008 that the offence has such a connection.”
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