Vous êtes sur la page 1sur 140

Prison Service Order

ORDER NUMBER 6650

Sentence Calculation

Date of Issue / Amendment 23/10/2002

Replaces SO 3C, SO 15 & numerous CIs, IGs and PSIs

PSI Amendments should be read in conjunction with PSO 18/11/2008 10/06/2008 23/05/2008 PSI 42/2008 Time on tagged bail. Adds paragraph 18.4.1.3 PSI 20/2008 - Time unlawfully at large replaces para 7.1.1 [In this version Para 7.1.1 has been replaced] PSI 17/2008 amends paragraphs 1.2.3(iii) and 5.5.1 in relation to release dates for DCR prisoners. PSI 17/2008 must be read in conjunction with these paragraphs. CAUTION this version of PSO6650 has NOT been updated to reflect these changes. PSI 13/2005 Addition of Chapter 18 PSI 11/2005 - Criminal Justice Act 2003: New Sentences PSI 10/2005 Amendment: Remand time prior to imposition of a Community Punishment and rehabilitation Order. PSO 4620 replaces sections of PSO 6650 referring to Confiscation Orders. PSI 35/2003 - Counting of unlawfully at large time

21/04/2005 29/03/2005 18/03/2005 20/09/2004 06/08/2003

Link to Contents INTRODUCTION BY THE DIRECTOR OF RESETTLEMENT

1.

This Prison Service Order (PSO) consolidates and updates all existing guidance on sentence calculation. It replaces the standing orders or instructions listed at the end of this Introduction.
The PSO is based on existing legislation and case law. It introduces no new procedures and reflects what should be current practice in establishments. Amendments to the manual to reflect changes in the law or decisions of the courts will be issued when necessary.

2.

Implementation 3. This PSO comes into effect immediately.

Mandatory actions 4. Staff must comply with the instructions in the PSO, all of which are mandatory.

Monitoring 5. Sentence calculation procedures are the subject of self-audit by establishments. Standards Audit Unit will also monitor compliance with the measurable baselines in the Sentence Calculation Standard.

Contact 6. Any enquiries about this PSO may be addressed to: Lynette Heugh or Helen Scott Prisoner Administration Group Prison Service Headquarters Cleland House Page Street London SW1P 4LN Tel. 020 7217 6920 or 020 7217 6794 Fax. 020 7217 6938 NOTE FOR ESTABLISHMENT LIAISON OFFICERS ELOs must record the receipt of the Prison Service Order - SENTENCE CALCULATION MANUAL - as issue *** as set out below. the PSO must be placed with those sets of orders as mandatorily required by Chapter 4 of PSO 0001. Issue no. 157 Date 23/10/02 Order no. 6650 Title and/or Date entered in ELO signature description set Sentence calculation manual

Colin Harnett Acting Director of Resettlement

ORDERS OR INSTRUCTIONS REPLACED BY PSO 6650 SO 3C SO 15 CI 33/86 CI 29/92 CI 33/92 CI 39/92 IG 19/1995 IG 24/1995 IG 107/1995 IG 110/1995 IG 20/1996 IG 63/1996 IG 64/1996 IG 72/1996 IG 75/1996 IG 78/1996 IG 92/1996 AG58/1996 PSI 43/1997 PSI 4/1998 PSI 51/1998 PSI 74/1998 PSI 17/2000 PSI 33/2001 Calculation of sentences Fines and other default terms Calculation of sentences Criminal Justice Act 1991 - Changes in sentence calculation, transitional arrangements Criminal Justice Act 1991 - Revision of Standing Order 3C Criminal Justice Act 1991: Release direct from court or police cells UAL time on concurrent & overlapping sentences Young offenders, section 38s and 40s Terms of imprisonment of 5 days or less Council tax defaulters Police detention Sentence calculation Sentence calculation - consecutive sentences Sentence calculation Sentence calculation Sentence calculation Sentence calculation Sentence calculation Sentence calculation: concurrent sentences Sentence calculation - counting of remand time Crime and Disorder Act 1998: sentence calculation and release on licence Sentence calculation: orders under section 40 of the Criminal Justice Act 1991 Sentence calculation: juvenile remand to local authority accommodation Sentence calculation: Detention and Training Orders.

CONTENTS Abbreviations Introduction Part I Chapter 1 1.1 1.2 1.3 Chapter 2 2.1 2.2 2.3 2.4 2.5 2.6 Chapter 3 3.1 3.2 3.3 3.4 Chapter 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Chapter 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 Part II Calculating the sentence of the court The basic principles of sentence calculation Introductory remarks Criminal Justice Act 1991 Prisoners sentenced prior to the 1991 Act (existing prisoners) Procedures Time limit for calculating release dates Release direct from court Documentation Back records Checking Mistakes by the sentencing court Prisoners with more than one determinate sentence Introductory remarks Single term Single term: concurrent sentences Single term: consecutive sentences Remand time and police detention time Remand time: relevant period Remand time to count towards time served Where the remand time period extinguishes the custodial part of the sentence Single sentences Consecutive sentences Concurrent sentences Separate sentences and shared remand Recall or return Police detention time How to calculate a sentence General remarks Principles of calculation Prisoners over 21 serving less than 12 months, YOs serving 12 months or less DYOI or term under section 91(3) of the 2000 Act Prisoners over 21 serving 12 months or more but less than 4 years, YOs serving more than 12 months but less than 4 years DYOI or term under section 91(3) of the 2000 Act All prisoners serving 4 years or more Calculation sheets Examples of calculations Changes in circumstances

Chapter 6 6.1 6.2 6.3 6.4 Chapter 7 7.1 7.2 7.3 7.4 7.5 Chapter 8 8.1 8.2 8.3 8.4 Chapter 9

Prisoners sentenced after release from earlier sentence or returned or recalled to custody Prisoners sentenced after release from an earlier sentence Prisoners released on licence: short term prisoners licence suspended by a Magistrates Court (section 38 of the 1991 Act) Prisoners released on licence: licence revoked by Secretary of State (section 39 of the 1991 Act) Prisoners returned to prison for an offence committed during the at risk period (section 116 of the 2000 Act) Unlawfully at large General remarks Calculation of the period unlawfully at large Effect of being unlawfully at large on consecutive sentences Effect of being unlawfully at large on concurrent sentences Absconders from other UK jurisdictions Appeals General remarks Crown Court Court of Appeal (Civil and Criminal Divisions) House of Lords Additional days awarded

Part III Special categories of cases Chapter 10 10.1 10.2 10.3 10.4 10.5 10.6 Chapter 11 11.1 11.2 11.3 11.4 11.5 11.6 11.7 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 Criminal Justice (International Co-operation) Act 1990 Transfers under the Colonial Prisoners Removal Act 1884 Queries about transferred prisoners Extended sentences General remarks Calculating release dates on an extended sentence Effect of an extended sentence on other sentences An extended sentence which overlaps another sentence but there is no single term Unlawfully at large and additional days awarded Return to prison of extended sentence prisoners released on licence Recall to prison of extended sentence prisoners released on licence

Chapter 12 12.1 12.2 12.3 Chapter 13 13.1 13.2 13.3 Chapter 14 14.1 14.2 14.3 14.4 14.5 14.6 Chapter 15 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 Chapter 16 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 Chapter 17 17.1 17.2 17.3 17.4 Chapter 18 18.1

Courts martial General remarks Time spent in custody prior to court martial Appeal Special remission Errors in calculation 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 2000 Act Remand time Supervision after release Detention and training orders Detention and Training Orders General remarks Calculating the release date Remand and police custody time Multiple DTOs Early and late release Interaction with sentences of DYOI Section 91 of the 2000 Act Recall - section 104 of the 2000 Act Re-offending during the DTO: order of re-detention under section 105 of the 2000 Act Periods of recall or re-detention to be served in full Terms of imprisonment in default General remarks Procedures on reception and release Release dates Consecutive terms Appropriations Pay-outs Acceptance of payment Hours for the receipt of payment Additional days awarded Costs of issue of warrant Lodged warrants Confiscation orders Remaining liabilities Civil prisoners General remarks Contempt Non payment Additional days CJA2003 Determinate sentence of 12 months and over General remarks

18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 ANNEXES ABCDEFGHI Ji ii -

Calculating a single determinate sentence of 12 months and over Multiple sentences of 12 months and over Effect of remand time on 12 months and over sentences Revocation of licence Calculating UAL Added days awarded Appeals Interaction with other types of sentence Interaction with under 12 month sentences for offences committed on or after 04/04/05 Interaction with lodged warrants/fines Interaction with a DTO Extended sentences for Public Protection post CJA03 Terms of imprisonment in default and contemnors Calculating HDC eligibility dates

Counting of time in custody before sentence: examples of periods to be counted and periods not to be counted Forms for police custody time Sentence calculation sheets Calculating periods of special remission List of local authority secure units Calculation sheet for DTOs Maximum periods of imprisonment in default of payment Calculation sheet for pay-outs Early release for civil prisoners Remand pro forma Calculation sheet for CJA03 sentences 12 months and over Calculation sheet for CJA03 extended sentence for public protection

ABBREVIATIONS The following abbreviations are used in the manual: ADAs ARD B CED CJA03 COACD CRD DTO DYOI ERRS ESPP HDC HDCED LED NPD PACE Added days awarded Automatic release date Bailed Custody end date Criminal Justice Act 2003 Court of Appeal Criminal Division Conditional release date Detention and training order Detention in a young offender institution Early release and recall section Extended sentence for Public Protection Home detention curfew Home detention curfew eligibility date Licence expiry date Non parole date Police and Criminal Evidence Act 1984

PADAs PED PRRD PSO RDR ROR ROTL Rx S SED SLED UAL 1967 Act 1991 Act 2000 Act

Prospective added days awarded Parole eligibility date Post recall release date Prison Service Order Resettlement day release Resettlement overnight release Release on temporary licence Remand Sentenced Sentence expiry date Sentence and licence expiry date Unlawfully at large time Criminal Justice Act 1967 Criminal Justice Act 1991 Powers of Criminal Courts (Sentencing) Act 2000

In the diagrams, R is remand time (including police detention time) and S is the date of sentence. References to governors must be treated as applying to governors/directors of prisons and YOIs, and references to prisoners must be treated as applying to offenders held in prisons and YOIs, except where the contrary is indicated.

INTRODUCTION 0.1 This manual provides guidance to prison staff on the principles of sentence calculation for determinate sentences of imprisonment (i.e. persons sentenced to imprisonment or detention for fixed periods of time). Governors have a legal duty to detain such persons for so long as is required by the orders of the court. They must take every realistic step to ensure that all prisoners release dates are calculated accurately and in accordance with the law. Release dates are calculated on the basis of Acts of Parliament, applied to the sentence set out in the orders of the court. There is no discretion in the process. Everything in this manual is mandatory. It explains how the law must be applied in a wide variety of circumstances which may arise. The manual is divided into three parts. Part I covers the core sentence calculation principles: what you need to know to carry out a calculation. Part II covers changes to circumstances after initial sentence, including sentences imposed after release from an earlier sentence. Part III covers special categories, including young offenders, fine defaulters and civil prisoners. Sentence calculation staff must be broadly familiar with the contents of the manual and know how to use it as a source of reference when particular cases arise which they are unsure how to deal with. The guidance in this manual is based on current legislation, as clarified in specific areas by decisions of the courts, but legislation and case law are continually evolving. Additional guidance and amendments will be issued as the need arises. The law relating to sentence calculation is complex. The right way to calculate a sentence may not always be obvious, particularly where multiple sentences interact. It would be a mistake for the manual to try to cover every type of case which might conceivably arise. Where a case is not covered, or where there is any doubt as to how the guidance should be applied to particular cases, advice must be sought from the sentence calculation helplines at Prison Service headquarters. This manual is not concerned with release on temporary licence (ROTL), which is covered in IG 36/1995, PSI 46/1998 and PSI 53/2000. The eligibility of prisoners for release on temporary licence is determined under the Prison Rules and periods of temporary release have no effect on a prisoners sentence calculation. Nor is the manual concerned with the process of a temporary discharge of a prisoner on grounds of ill-health under section 28 of the Prison Act 1952. In any such case, the advice of Prison Service headquarters must be sought (this power has not been exercised for many years). References in this manual to a sentence of imprisonment do not include a term imposed for contempt, default warrants (including confiscation orders) or any other fine defaults. Advice on such cases is contained in Chapters 16 and 17. Throughout the manual, references to the Area Manager also apply where appropriate to the Operational Manager for Womens Prisons, the Operational Manager (Juveniles), the Operational Manager for Wales and the Director of High Security Prisons.

0.2

0.3

0.4

0.5

0.6

0.7

0.8

Helplines

0.9

The sentence calculation helplines at Prison Service headquarters provide advice to establishments on the application of sentence calculation principles. The location is Room 720, Cleland House. Contact telephone numbers are given below. For prison establishments (including high security prisons) located in North East, North West, East Midlands (North and South), West Midlands and Yorkshire & Humberside areas: 020 7217 6794 For prison establishments (including high security prisons) located in London, Thames Valley, Hampshire & Isle of Wight, Kent, Surrey & Sussex, Eastern, South West and Wales areas: 020 7217 6920

The fax number is:020 7217 6938

Part I Calculating the sentence of the court

CHAPTER 1 1.1

THE BASIC PRINCIPLES OF SENTENCE CALCULATION

Introductory remarks

1.1.1 There is no single statute which contains all the statutory provisions relevant to determining the release dates of prisoners subject to determinate sentences. The interaction of the various statutory provisions can be complex. This is partly because many changes to the law only apply to sentences imposed, or offences committed, after the law is changed. Statutory references in the manual have, for this reason, been kept to a minimum. 1.1.2 The main statute determining early release dates is Part II of the Criminal Justice Act 1991, which came into force on 1 October 1992 . This provides that all prisoners sentenced on or after that date must serve part of their sentence in prison, but also gives them the opportunity to serve part of their sentence in the community (subject to any other reason for detention, such as where they are serving a life sentence or are on remand for another offence). The 1991 Act has been amended on a number of occasions . 1.1.3 The circumstances in which a sentence is reduced by police custody, remand and other time are set out in section 67 of the Criminal Justice Act 1967. This has also been amended on several occasions. 1.1.4 Prisoners detained both by virtue of a sentence for an indeterminate term (i.e. life imprisonment, custody for life or detention at Her Majestys pleasure), or under an order of an immigration officer under the immigration legislation, and a determinate sentence must not be released until they have met both the release requirements in relation to their determinate sentences, calculated according to this manual, and the requirements which apply to their indeterminate sentences or their detention under the immigration legislation. 1.2 Criminal Justice Act 1991: the basic system

1.2.1 Under the 1991 Act, a short-term prisoner is defined as a prisoner serving a sentence of imprisonment for a term of less than four years and a long-term prisoner is defined as a prisoner serving a sentence of imprisonment for a term of four years or more . These terms are used at various places in the manual. 1.2.2 Under the 1991 Act, there are three release schemes depending on sentence length. In addition, prisoners aged 18 or over and serving a sentence of 3 months to under 4 years can be released up to 60 days early, on Home Detention Curfew. Such prisoners will be eligible for discretionary release on licence subject to electronic monitoring, providing they do not fall within a number of excluded categories and pass a risk assessment. Full details of the home detention curfew scheme are contained in the Home Detention Curfew PSO (number 6700). 1.2.3 The basic system under the 1991 Act is as follows: (i) Automatic Unconditional Release Scheme (short-term prisoners serving less than 12 months) Prisoners serving a term of less than 12 months must be released automatically as soon as they reach the half way point (ARD - automatic release date) of the sentence. They are not supervised following release

(but see separate arrangements for young offenders at Chapter 14). Released prisoners are at risk of being returned to custody by order of a court , if they commit an imprisonable offence before the expiry of their full sentence (SED - sentence expiry date). Such an order of return is treated as a sentence of imprisonment for the purposes of sentence calculation . (ii) Automatic Conditional Release Scheme (short-term prisoners serving 12 months or more but less than 4 years) Prisoners serving a term of 12 months to under 4 years must be released automatically as soon as they have reached the half way point (CRD conditional release date) of the sentence. They must be released on a licence supervised by the Probation Service. They remain on licence following release until the point at which they would (but for their release) have served three-quarters of the sentence (LED - licence expiry date). If they breach their licence, they may be recalled to custody in pursuance of their sentence. These prisoners are also at risk of the court imposing an order of return if they commit an imprisonable offence between the date of release and the SED. (iii) Discretionary Release Scheme (long-term prisoners) Prisoners serving a term of 4 years or more are eligible for discretionary release on a licence to be supervised by the Probation Service at any time after they have served half their sentence (PED - parole eligibility date). The decision on whether to release them is for the Parole Board. Those not released before the two-thirds point must be released, on licence, at that stage (NPD - non parole release date) . All prisoners will, after they have been released, be on licence until the point at which they would (but for their release) have served three-quarters of their sentence. If they breach their licence, the Secretary of State may revoke it and order them to be recalled to custody in pursuance of their sentence. These prisoners are also at risk of the court imposing an order of return if they commit an imprisonable offence between the date of release and the SED.
[PSI 17/2008 must be read in conjunction with this paragraph]

1.3

Prisoners sentenced prior to the 1991 Act (existing prisoners)

1.3.1 Prisoners sentenced to imprisonment before the 1991 Act came into force on 1 October 1992 (known as existing prisoners), and who have remained in custody after that date, are not subject to the supervision or at risk provisions of the Act. They are treated under the special arrangements for them in Schedule 12 of the 1991 Act throughout the currency of their sentence, even if they subsequently receive a concurrent or consecutive sentence. 1.3.2 Apart from the consideration described above, such existing prisoners' sentences must be calculated using the same rules as for other prisoners except that PED is at the one-third point of the sentence or after 6 months, whichever is the later, with the licence running to the two-thirds point; but where there is no parole, release is at the two-thirds point (without any licence conditions).

1.3.3 Existing prisoners who are released on parole licence and subsequently have that licence revoked will continue to be treated as existing prisoners for sentence calculation purposes on return to prison. 1.3.4 Offenders sentenced under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 53(1) of the Children and Young Persons Act 1933) before 1 October 1992 are not covered by this manual, as they are treated as life prisoners . Link back to Contents

CHAPTER 2 2.1

PROCEDURES

Time limits for calculating release dates

2.1.1 Under the Prison Service Standard relating to sentence calculation, release dates must be calculated within two working days of reception. If the prison does not have all the documentation needed (as set out in paragraph 2.3.1 below) to allow this to be done within the timescale, the calculation must be marked provisional and it must be re-calculated when all the data is available. When making a provisional calculation, a period of remand time or police custody time should only be credited if all the necessary documentation is to hand. 2.1.2 Under the Standard, release dates must be notified to the prisoner in writing normally within one weekday and in no case later than two weekdays of the calculation. The prisoner signs a photocopy of the release date notification slip to verify that he or she has received it. The signed copy is retained. Release dates must be explained to the prisoner orally in cases where the calculation is complex and the prisoner has difficulty understanding it. 2.1.3 When a sentenced prisoner is transferred to another establishment, that establishment must - again under the Standard - recalculate his or her release date and notify the prisoner within two working days of reception. The reason for this is that the governor is responsible for the lawful detention and discharge of all prisoners within his or her establishment . The sentence calculation helplines in Prison Service headquarters should be contacted immediately if there is any discrepancy (other than a purely arithmetical error) between the original calculation and the re-calculation. 2.2 Release direct from court

2.2.1 Where a prisoner has accumulated sufficient remand or police custody time so that he or she would be released direct from court following sentencing, and the court contacts the prison to request a sentence calculation, every effort must be made to complete the calculation and notify it back to the court without delay. Any delay may result in the prisoner being returned to the establishment and a claim for unlawful detention. 2.3 Documentation

2.3.1 In order to calculate a prisoner's release date the following documents must be obtained before a permanent calculation is made: (i) Remand warrants These are required for all the periods for which the prisoner was held in custody. If a prisoner was held on remand in another establishment and then released on bail, copies of the warrants must be obtained before the release dates are amended. If these cannot be obtained because the record has been mislaid, or where the remand warrant does not specify the dates of the offences, a copy of the relevant court register must be obtained from the court concerned to cover the remand period in dispute. (ii) Sentence Warrant (F5035 in crown court; F43 or F44 in magistrates court)

Provided that the sentence warrant has the name of the court, name of defendant, date of hearing and signature of the court clerk or court stamp, it is valid. It does not necessarily have to be on a prepared form: warrants may be hand written. (iii) Court Record (Backing Sheets) (F5089) Since this document specifies the offences for which sentence was passed, it is essential that this is obtained before the final release dates are arrived at. (iv) Indictments (F5088) These documents give information on matters such as when offences were committed. It is necessary to obtain indictments since remand warrants often specify only a specimen offence and, in the case of prisoners facing multiple charges, the amount of remand time applicable to each offence needs to be known. (v) Police Custody Records (PACE 1984) Written confirmation from the relevant police station is required before time spent in police custody is used to reduce a prisoners sentence. Periods spent in police detention must relate to the offence for which the prisoner was arrested and sentenced (see Chapter 4). (vi) Details of prospective ADAs Refer to the form F2050E held in the prisoners F2050 detailing adjudication awards. 2.3.2 Where a prisoner is received having had his or her licence revoked, the original warrants and other records must be obtained immediately by fax from the relevant establishment. 2.4 Back records

2.4.1 In addition to the documents described in paragraph 2.3.1 above, back records must be obtained to check whether any period of custody relating to a previous sentence has any effect on the current sentence. A permanent calculation can, however, be made in the absence of back records providing the calculation is checked, and if necessary amended, as soon as the back records have been examined. 2.5 Checking

2.5.1 All calculations must be checked by a second member of staff, who is competent to do so, and who must initial the calculation sheet to show that the calculation has been checked. 2.5.2 Fourteen days before a prisoner's anticipated release, the prisoner's sentence calculation must be checked by a member of staff who is competent and different from those who carried out the original calculation and check. This procedure must

include checking warrants. The calculation sheet must be endorsed to show that the check has taken place. The prisoners record must also be checked for factors affecting the sentence calculation, such as ADAs, UAL and lodged warrants, fines and confiscation orders. 2.5.3 A prisoner's calculation and warrants must be re-examined two days before a prisoner's release date, by someone competent other than the person who carried out the 14-day check and, if possible, different from those who carried out the original calculation and check. The calculation sheet must be initialled to show this has taken place. 2.6 Mistakes by the sentencing court

2.6.1 Magistrates Courts have the power to re-open a case at any time after sentencing in order to rectify mistakes. Crown Courts have the power to rectify mistakes only within 28 days of sentencing. Where this occurs the resulting sentence takes effect on the same date as the original, unless the court directs otherwise. 2.6.2 It is not the function of the Prison Service to check the validity of sentences . However, where a warrant or sentence is ambiguous or appears to be invalid, the sentencing court must be contacted without delay so that it has an opportunity to clarify the intention of the court and issue an amended warrant where necessary. This must be within 28 days of sentencing in the case of a Crown Court. If the sentencing court maintains that the original sentence or warrant is valid, notwithstanding the approach by the prison, advice must be sought from the sentence calculation helplines at headquarters on how to proceed further. 2.6.3 If the prison has concerns about a Crown Court sentencing warrant and it is more than 28 days since the sentence was imposed, the advice of the sentence calculation helplines must be sought without delay. Link back to Contents

CHAPTER 3 3.1

PRISONERS WITH MORE THAN ONE DETERMINATE SENTENCE

Introductory remarks

3.1.1 Where a prisoner has received more than one sentence, the court may order that they should run concurrently (at the same time as one another or partly overlapping) or consecutively (one runs from the end of the other). Where a sentence is passed on a prisoner who is already serving a sentence, and the court does not indicate whether the new sentence should be concurrent or consecutive to the existing sentence, it must be treated as being concurrent. 3.2 Single term

3.2.1 The 1991 Act provides that, for the purposes of calculating release dates, most determinate sentences to which a prisoner is subject at any one time must be combined and treated as a single term. The circumstances in which sentences are to be treated as a single term were clarified by an amendment to the 1991 Act in 1998. 3.2.2 A sentence imposed on or after 30 September 1998 is to be treated as a single term with another sentence which a person has received if:

they were passed on the same occasion; or

where they were passed on different occasions, the person has not been released under the 1991 Act at any time during the period beginning with the first and ending with the last of those occasions. A period of temporary release does not break the single term , but release on HDC does. 3.2.3 Where a sentence is passed after a prisoner has been released from the initial custodial part of an earlier sentence, but before he or she has reached the expiry date of that sentence, the new sentence will not be single termed with the earlier sentence. Instead, it will run in parallel with the remaining part of the earlier sentence. Chapter 6 (prisoners sentenced after release from an earlier sentence) covers this in more detail. 3.2.4 Where a prisoner is released and immediately remanded for a court appearance at which a ` second sentence is imposed, no single term is created. Similarly, there is no single term where a prisoner remains in prison custody beyond the date when he would otherwise have been released under Part II of the 1991 Act solely by virtue of being detained on remand, and then receives a further determinate sentence without any intervening release. However, if a prisoner is released and then given a second sentence on the same day then a single term is created, since the first sentence does not expire until midnight on the day in question. Such cases are likely to be rare and must be referred to the sentence calculation helplines at headquarters. 3.2.5 A sentence (and any section 116 order, formerly section 40, for return, imposed at the same time) imposed before 30 September 1998 must be treated as a single term with an earlier sentence if the prisoner had been released from the earlier sentence but had subsequently been recalled (having breached his or her licence), so that he or she is once more serving the earlier sentence when the subsequent sentence is imposed.

3.2.6 Periods of imprisonment in default of payment of fines and civil sentences cannot form part of a single term. 3.3 Single term: concurrent sentences

3.3.1 Where concurrent and partly overlapping sentences are imposed, and the sentences are single termed, the length of the single term is from the date of imposition of the first sentence to the latest sentence expiry date of the sentences.

Example 1 S1 S2 ARD1 ARD2 Single term Sentence S2 is passed after sentence S1, but before the prisoner has been released from custody in respect of sentence S1. There is therefore a single term. The court orders sentence S2 to be served concurrently to sentence S1, so the single term is the period from S1 to SED2. The length of this single term determines which release scheme the prisoner falls into (i.e. under 12 months, 12 months to less than 4 years, or 4 years or more). Once this has been determined, any relevant remand time can be applied to the single term and release dates calculated. Wholly concurrent sentences 3.3.2 Where concurrent and wholly overlapping sentences are imposed, and the sentences are single termed, a second sentence might have no practical effect on the release date.This is illustrated by the following example. Example 2 S1 ARD1 SED1 SED1 SED2

S2

ARD2

SED2

Although S2 might appear to give a later release date, the single term runs from the beginning of S1 to the end of S1. The second sentence is in effect swallowed by the first. 3.4 Single term: consecutive sentences

3.4.1 Sentences which are to be served consecutively are, for the purpose of calculation of dates of release, added together and treated as a single term equal to the combined total of such sentences. For example, two consecutive sentences of 12 months will result in a single term of 24 months. 3.4.2 This also applies where such sentences or terms are imposed by different courts on different days, providing the prisoner has not been released under Part II from the initial custodial part of the first sentence before the second sentence was passed and the warrant or court order clearly specifies that the sentences are consecutive.

3.4.3 Usually, where the intention of the court is that the new sentence or term should run from the end of the last of the consecutive sentences or terms to which the prisoner is subject, it will be clearly indicated that the further sentence is consecutive to the existing total period of imprisonment . However, where the precise intention of the court is not clear (e.g. whether the new sentence is consecutive to the total term or a particular sentence which makes up the total term), written confirmation must be sought from the court and, where appropriate, a new warrant obtained.

Link back to Contents

CHAPTER 4 4.1 Remand time: relevant period

REMAND TIME AND POLICE DETENTION TIME

4.1.1 Section 67 of the Criminal Justice Act 1967 (as amended, in particular, by section 49 of the Police and Criminal Evidence Act 1984) provides that a sentence of imprisonment imposed on an offender by a court shall be treated as reduced by any relevant period. 4.1.2 In this context, a relevant period means: (a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or (b) any period during which he or she was remanded in custody by a court in connection with any proceedings relating to that sentence or the offence for which it was passed (where a charge on an indictment such as GBH is reduced to AOBH, for example, periods of custody in relation to the first charge are relevant to the sentence for the second); or (c) any period during which he or she was remanded in custody by a court in connection with any proceedings from which the proceedings referred to in (b) above arose relating to that sentence (where a prisoner is remanded for burglary, for example, and on sentence this matter is not proceeded with but he is sentenced for handling the same stolen goods on the day in question, the remand time is relevant to the sentence); (d) days in which the prisoner was remanded into the care of certain types of local authority accommodation (see Chapter 14). 4.1.3 The Crown Prosecution Service must be contacted if there is any doubt about the connection between a period spent on remand and a subsequent sentence. 4.1.4 Time spent in custody in police detention or on remand relevant to any of the sentences forming part of a single term reduces the total term to be served. But remand time must never be counted more than once . Nor must any period of remand be counted if the prisoner is at the same time in custody serving a sentence of imprisonment or a term of contempt or default. However, remand time which is being served at the same time as a period of detention under the Immigration Act 1971 can count to reduce a subsequent relevant sentence. 4.1.5 Remand time cannot have the effect of changing a long-term prisoner into a shortterm prisoner. Whether a prisoner is long- or short-term depends on the sentence as imposed by the court, not the sentence as reduced by any time spent on remand.
4.1.6

Any remand time in respect of an offence for which a community punishment order, community rehabilitation order, CPRO or a conditional discharge or suspended sentence is passed cannot count against a sentence in respect of that offence as a result of the order or suspended sentence being breached/revoked and a custodial sentence imposed. [Paragraph 4.1.6 has been updated in accordance with PSI 10/2005 February 2005]

4.1.7 Examples of circumstances where remand time can or cannot count are set out at Annex A. 4.2
4.2.1

Remand time to count towards time served A relevant period of remand time, as defined above, is treated as having been served by a prisoner for the purpose of determining whether he has served onehalf or two-thirds of the sentence, or whether he would (but for his release) have served three-quarters of the sentence. That is, the period is treated as having been served for the purpose of calculating release dates and periods to be spent on licence or at risk. This is subject to the condition that a period on licence must never be reduced to less than one-quarter of the sentence (in the case of a shortterm prisoner) or one-twelfth of the sentence (in the case of a long-term prisoner). Sentence in this context means the sentence passed by the court, not the sentence as reduced by remand or police custody time.

4.2.2 The effect is that the ARD, CRD, LED, PED, NPD and SED are brought forward by the period of remand time in question. The custodial period is reduced by the number of days in question. The point at which a period on licence or at risk begins will be brought forward, but the period itself does not change. The way in which a period of remand time affects a sentence is illustrated by the following example. Example 3 (a) Prisoner sentenced to 2 years (730 days) on 1 October 2000, no remand time S 365 days CRD 182 days LED 183 days 30/9/02 31/3/03 SED 30/9/03

1/10/01

(b) Prisoner sentenced to 2 years (730 days) on 1 October 2000, 30 days remand time S 1/10/01 335 days CRD 183 days LED 82 days SED 31/8/02 2/3/03 31/8/03

Both the custodial period and the overall length of the sentence are reduced by 30 days, but the period spent on licence remains the same: namely a quarter of the sentence as originally imposed (the transposition of 182 and 183 days in the two cases is due to rounding and the quirks of the calendar) 4.2.3 A period of remand time can extinguish the custodial part of a sentence, but not the licence or at risk period. The situation where the remand time extinguishes the custodial period is considered in section 4.3 below. 4.3 Where the remand time period extinguishes the custodial part of a sentence

4.3.1 Where remand time extinguishes the custodial period of a sentence, resulting in the prisoner being released immediately, the balance of the remand time does not

reduce the licence period or the at risk period. However, should the prisoner be recalled or returned to prison, the balance of remand time will be credited against the period of recall or return. Example 4 A prisoner is on remand for 8 months, then receives a 12 month sentence. He is therefore released immediately, with a 3 month licence and a further three month at risk period. A month after being sentenced, he is recalled for a 2 month period to the three-quarter point. Because there are two months of uncredited remand time, he must be released immediately. 4.4 Single sentences

4.4.1 The following two examples illustrate cases in which there is a single sentence, i.e. there is no single term created with other sentences. Example 5 R x R y R z Only period z would be credited to the custodial sentence as the prisoner received a not guilty verdict and a Community Service Order on the other two cases. The prisoner is only serving a single custodial sentence, and remand time on the other charges is not transferable. Example 6 A R 100 days S1 120 day sentence (time served) Custodial sentence Community Service Order Not Guilty

150 days

S2

15 month sentence

The first sentence has been served before the second sentence has been passed. But there is shared remand time between the two sentences. Sufficient remand time must be credited to the first sentence to cover the custodial part only (in this example this amounts to 60 days). Any remand time prior to the first sentence which has not been credited to the custodial part of first sentence (in this example 40 days) must be carried forward to be credited to custodial part of the second sentence. Any remand time between the sentencing date for the first offence and

the sentencing date for the second offence (in this example 50 days) must also be credited against the second sentence. 4.5 Consecutive sentences

4.5.1 Where a period has been spent on remand in respect of two or more offences for which consecutive sentences were imposed, remand time which is relevant to either offence must be credited to the single term. But a period of remand time can be credited only once. Example 7 R x R y S1 S2 2 years 4 years consec to 1

In this case only remand period x will count against the total term of 6 years. Remand period y is included within period x, so cannot count separately. 4.6 Concurrent sentences

4.6.1 As explained in paragraph 4.1.4 above, remand or police custody time relevant to any of the sentences forming part of a single term reduces the total term to be served (subject to the rule that it must never be counted more than once). Example 8 Offence A R period x Offence B R S2 S1

If offences A and B become part of the single term, remand period x is counted once to reduce the single term.

Example 9 Offence A R x Offence B R y S2 conc to S1 bail S1

Sentences S1 and S2 become part of the single term, so remand periods x and y both count to reduce the single term. Example 10 R R x S1 4 years S2 5 days

Remand period x is credited against the single term formed by S1 and S2, even though remand period x is well in excess of the sentence S2 to which it relates. 4.7 Separate sentences and shared remand

4.7.1 The principle that remand time must never be counted twice extends to a situation in which a remand period is relevant (as defined in paragraph 4.1.2 above) to more than one sentence but the sentences do not together form a single term . Such a period of remand is referred to as a period of shared remand. 4.7.2 The shared remand time must first be set against the custodial part of the first sentence. If there remains any surplus shared remand time after this has been done, the excess must be set against the custodial part of the second sentence. Example 11 R R 105 days S1 S2 120 days (time served on remand) 15 months

154 days

Sufficient remand time is credited against the first sentence to cover the custodial part only (60 days in this case). Remand time prior to the first sentence which has not been credited against that sentence (105 - 60 = 45 days) is carried forward to be credited against the second sentence, together with the remand time between the sentencing date for the first offence and the sentencing date for the second offence (49 days).

4.8
4.8.1

Recall or return under sections 38 or 39 of the 1991 Act or section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 As explained in 4.3.1, any uncredited balance of remand time does not reduce the licence or at risk period of a sentence. But where a prisoner is recalled under section 38 or 39 of the 1991 Act following a breach of his or her licence, or is ordered to be returned under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000, any uncredited remand time reduces the recall period or the custodial part of the return . Police detention time

4.9

4.9.1 The relevant legislation (section 67 of the Criminal Justice Act 1967, as amended by section 49 of PACE 1984) provides that a person is in police detention: (a) at any time when he or she is in police detention for the purposes of PACE 1984; and (b) at any time when he or she is detained under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984. 4.9.2 Under section 118(2) of PACE, police detention begins on: (a) the arrival of the person at any police station after arrest; or (b) arrest at a police station after accompanying an officer there voluntarily and where the person is detained there or is detained elsewhere in the charge of a constable. 4.9.3 For the purposes of sentence calculation, any part of a day spent in police custody counts as a whole day. Example 12 A person arrives in police detention at 11.00pm, and is bailed at 9.00 the following morning. He is subsequently sentenced for the offence for which he was held in police custody. Two days of police custody time are credited against the sentence. 4.9.4 If a person attends a police station on a voluntary basis, he or she may leave at any time and is therefore not in police detention. 4.9.5 Under section 6 of the Bail Act 1976, it is an offence to fail to surrender to bail and a court may issue a warrant for the persons apprehension. A person arrested for such an offence is, after his or her arrival in a police station and pending his or her production before a court, in police detention. This period of police detention will be credited against any subsequent sentence imposed for the offence of failing to surrender. If, however, the person is given a custodial sentence only in respect of the original offence in respect of which he was on bail, the period in police custody following arrest for breach of bail will not be credited against the sentence. Care will have to be taken to ascertain if the person was arrested only for failure to surrender or if this was also for the original offence.

4.9.6 Under section 7 of the Bail Act, a person who has been granted bail may be arrested without warrant by a constable if the constable has reasonable grounds for believing that the person has broken or is likely to break any of his or her bail conditions or is not likely to surrender to custody. A person arrested under this section - where no warrant has been issued for his arrest is deemed to be in police detention in respect of the original offence after he or she arrives at the police station. This period is therefore credited against any subsequent sentence in respect of the original offence. 4.9.7 It is the responsibility of each prison to ensure that information is easily obtainable from the police. If there are difficulties in obtaining the necessary information possible alternative approaches are: (a) approach the local courts to see if copies of custody records were attached to the warrants from the Magistrates Court either on first remand or sentence; (b) approach the Crown Prosecution Service to see if they are able to provide the information from their records. 4.9.8 Forms to help obtain information about police detention are at Annex B: The first form must be issued to all prisoners prior to interview on first reception into prison custody. The prisoner must be asked to supply the information required and sign the form. Should the prisoner decline to do so the possible effect on his release date must be explained. The second form must be sent to the relevant police station(s). Link back to Contents

CHAPTER 5 5.1

HOW TO CALCULATE A SENTENCE

General remarks

5.1.1 A sentence normally runs from the day of imposition by the court; it can never commence prior to imposition. 5.1.2 Release dates must always be calculated in days. Sentences expressed in any other terms will have to be converted into this form. 5.1.3 Any sentence of imprisonment expressed in months will mean calendar months . For example, 3 months starting on 14 March runs to 13 June. When a sentence begins on the first day of the month, it will expire on the last day of the month of release, e.g. 3 months starting on 1 January runs to 31 March. 5.1.4 If a court passes a sentence involving of one month e.g. 3 months, the advice of the sentence calculation helplines at headquarters should be sought. 5.1.5 When a sentence is expressed in weeks, the number of weeks is multiplied by 7 to get the number of days in the sentence. 5.1.6 A prisoner is not entitled to be released until the end of the last day of the custodial part of the sentence, but for practical reasons he or she may be discharged at any time during that day (usually in the morning, to allow time for travelling) . In the case of prisoners whose release dates fall on weekends or Bank Holidays (except those serving 5 days or less who will be released on the Saturday) release dates must be brought forward to the immediately preceding weekday which is not a Bank Holiday. 5.2 Principles of calculation

5.2.1 The following principles provide the basis for calculating release dates under the three release schemes in the 1991 Act. All dates are calculated from the date of sentence. 5.2.2 For all prisoners: (i) identify the appropriate release scheme by looking at the total length of the single term, and convert the length of the single term into days; (ii) determine in days the amount of remand time (including police detention), if any, that is relevant to the single term (but bear in mind that remand time must never be counted twice). 5.2.3 Prisoners serving sentences of 3 months to under 4 years may be eligible for release on Home Detention Curfew (HDC). HDC eligibility dates are calculated automatically by LIDS, once the ARD or CRD has been inputted. Full details of HDC are contained in the Home Detention Curfew PSO (PSO 6700, issued 12 January 2000). 5.3 Prisoners over 21 serving less than 12 months, YOs serving 12 months or less DYOI or term under section 91(3) of the 2000 Act

5.3.1 These prisoners have a Sentence Expiry Date (SED) and an Automatic Release Date (ARD). S ARD SED

Total number of days in single term = A Total relevant remand time = B

To calculate the number of days to the SED, deduct relevant remand time from the single term to give the actual term in days. So actual term (C) = A B The SED is that number of days from the date of sentence.

To calculate the number of days to the ARD, divide the total number of days in the single term by 2, rounding down fractions, and deduct that figure from the actual term. So number of days to ARD = C - ( of A) The ARD is that number of days from the date of sentence.

5.4 Prisoners over 21 serving 12 months or more but less than 4 years, YOs serving more than 12 months but less than 4 years DYOI or term under section 91(3) of the 2000 Act 5.4.1 These prisoners have a Sentence Expiry Date (SED), a Conditional Release Date (CRD) and a Licence Expiry Date (LED). S CRD LED SED

Total number of days in single term = A Total relevant remand time = B

To calculate the number of days to the SED, deduct relevant remand time from the single term to give the actual term in days. So actual term (C) = A - B The SED is that number of days from the date of sentence.

To calculate the number of days to the CRD, divide the total number of days in the single term by 2, rounding down fractions, and deduct that figure from the actual term. So number of days to CRD = C - ( of A) The CRD is that number of days from the date of sentence.

To calculate the number of days to the LED, take a quarter of the single term, rounding down fractions, and deduct that figure from the actual term.

So number of days to LED = C - ( of A) The LED is that number of days from the date of sentence. 5.5 All prisoners serving 4 years or more

5.5.1 These prisoners have a Sentence Expiry Date (SED), a Parole Eligibility Date (PED), a Non- Parole Release Date (NPD) and a Licence Expiry Date (LED). S PED NPD LED SED

Total number of days in single term = A Total relevant remand time = B

To calculate the number of days to the SED, deduct relevant remand time from the single term to give the actual term in days. So actual term (C) = A - B The SED is that number of days from the date of sentence.

To calculate the number of days to the PED, divide the total number of days in the single term by 2, rounding down fractions, and deduct that figure from the actual term. So number of days to the PED = C - ( of A) The PED is that number of days from the date of sentence.

To calculate the number of days to the NPD, take one third of the single term, rounding down fractions, and deduct that figure from the actual term. So number of days to the NPD = C - (1/3 of A) The NPD is that number of days from the date of sentence.

To calculate the number of days to the LED, take one quarter of the single term, rounding down fractions, and deduct that figure from the actual term. So number of days to the LED = C - ( of A) The LED is that number of days from the date of sentence.
[PSI 17/2008 must be read in conjunction with paragraph 5.5.1]

5.5.2 For prisoners sentenced to 12 months or more in respect of offences committed before 30 September 1998, where the whole or part of a sentence was imposed for a sexual offence, the court may order under section 86 of the 2000 Act (previously section 44 of the Criminal Justice Act 1991) that the licence will run to the end of the sentence. In these cases, the LED will simply be the SED.

5.6

Calculation sheets

5.6.1 Release dates must be calculated using standard calculation sheets, which are available centrally. There are three versions, reproduced at Annex C, which correspond to the three release schemes: the white form is for adults and young offenders aged 18 and over sentenced to less than 12 months, and young offenders under the age of 18 sentenced to 12 months or less;

the pink form is for adults and young offenders aged 18 and over sentenced to 12 months or more but less than 4 years, and young offenders under the age of 18 sentenced to more than 12 months but less than 4 years;

the blue form is for all adults and young offenders sentenced to 4 years or

more. 5.7 Examples of calculations 5.7.1 The following examples 13 - 15 illustrate single sentence calculations under each of the three release schemes. Example 16 illustrates a case in which the amount of remand time is sufficient to extinguish completely the custodial period.

Example 13 Prisoner sentenced to 9 months on 1 January 2001, no remand or policecustody time


A B Total length of sentence from 01/01/01 to 30/09/01 Time in custody to count Police from_______ to______ = Prison from_______to______ = Prison from_______to______ = C D Actual term (A - B) Automatic release date C - (A2) 0 SED = 273 days from date of sentence = 30 : 09 : 01 ARD = 137 days from date of sentence = 17 : 05 : 01 273

273 137

Example 14 Prisoner sentenced to 2 years on 1 October 2000 with 30 days remand time
A B Total length of sentence from 01/10/00 to 30/09/02 Time in custody to count Police from______ to______ = Prison from 1/09/00 to 30/9/00 = 30 Prison from______to______ = C D E Actual term (A - B) Conditional release date C - (A2) Licence expiry date C - (A4) 30 SED = 700 days from date of sentence = 31 : 08 : 02 CRD = 335 days from date of sentence = 31 : 08 : 01 LED = 518 days from date of sentence = 02 : 03 : 02 730

700 335 518

Example 15 Prisoner sentenced to 4 years on 1 October 2000 with 92 days on remand


A B Total length of sentence from 01/10/00 to 30/09/04 Time in custody to count Police from _________to______ = Prison from 1/7/00 to 30/9/00 = 92 Prison from______to______ = C Actual term (A - B) 92 SED = number of days at C from date of sentence 1461

1369

D E F

Parole eligibility date C - (A2) Non parole release date C - (A3) Licence expiry date C - (A4)

639 882 1004

= 30 : 06 : 04 PED = number of days at D from date of sentence = 01 : 07 : 02 NPD = number of days at E from date of sentence = 01 : 03 : 03 LED = number of days at F from date of sentence = 01 : 07 : 03

Example 16

Prisoner sentenced to 12 months imprisonment on 1 October 2000, with 200 days remand time

In this example, the amount of remand time is greater than the custodial period, calculated as half the total length of sentence. In these circumstances, the time in custody to count is the amount of remand time required to extinguish the custodial period. The figure at B in the table is thus half of the figure at A, rather than the full 200 days served on remand. If the prisoner were to be recalled from licence or made subject to return under section 116 of the 2000 Act, the remaining 17 uncounted days of remand time would count against the custodial period to be served on recall or return.
A B Total length of sentence from 01/10/00 to 30/09/01 Time in custody to count Police from______ to______ = Prison from 15/3/00to30/9/00 = 200 Prison from______ to______ = C D E Actual term (A - B) Conditional release date C - (A2) Licence expiry date C - (A4) 365 *This is the number of days which extinguishes the custodial part of the sentence. There is therefore 17 days of uncredited remand time remaining SED = number of days at C from date of sentence = 31 : 03 : 01 CRD = number of days at D from date of sentence = Immediate Release LED = number of days at E from date of sentence = 30 : 12 : 00

183*

182 Nil to serve 91

Link back to Contents

Part II Changes in circumstances

CHAPTER 6

PRISONERS SENTENCED AFTER RELEASE FROM AN EARLIER SENTENCE OR RETURNED OR RECALLED TO CUSTODY

6.1

Prisoners sentenced after release from an earlier sentence

6.1.1 Where a sentence is imposed on an offender on or after 30 September 1998 after he or she has been released from the initial custodial part of an earlier sentence, the two sentences will not be treated as a single term. For this purpose, release includes release on Home Detention Curfew. So sentences imposed on or after 30 September 1998 will not be treated as a single term even if the prisoner is recalled for breach of licence in respect of the first sentence and receives a new sentence. 6.1.2 Where there is no single term covering two sentences which overlap (i.e. the second sentence is imposed after initial release from the first sentence but before the sentence expiry date of the first sentence has been reached), the two sentences will, in effect, run in parallel. The courts should not order that sentences which do not form a single term should run consecutive to each other . Thus the following four principles will apply in such cases: (i) (ii) the prisoner will not be released until he or she is required to be released in respect of each sentence; the prisoner will not be eligible for release on parole, or following a parole recall, until he or she is required to be released, or is eligible for release, in respect of each sentence; the prisoner will be on licence, following release, for as long as is required by the sentence which gives the latest licence expiry date; the prisoner will be at risk (i.e. liable to have an order of return passed ), until he or she has reached the sentence expiry date of the sentence which gives the latest sentence expiry date.

(iii) (iv)

6.1.3 Where a prisoner is to be subject to more than one licence at any one time, and it is unclear how to proceed, Sentence Enforcement Unit must be contacted. Example 17 S1 CRD1 LED1 recall S2 ARD2 SED2 SED1

The prisoner is released on licence from the custodial part of sentence S1. A short time later, he is recalled to prison until LED1. At the same time, he receives a new sentence of imprisonment (which is less than 12 months). Sentence S1 (which includes the recall period) does not form a single term with sentence S2 because the latter has been passed after the prisoner has been released from the initial custodial part of the former. The two therefore run in parallel. The release date in respect of sentence S2 (ARD2) is later than the release date in respect of the recall

(LED1), so ARD2 takes precedence. The prisoner will be at risk until SED2, since that is later than SED1.

Example 18 S1 PED1 LED1 recall S2 ARD2 SED2 SED1

Sentences S1 (including the recall) and S2 do not form a single term: they run in parallel. The licence recall period is greater than the release point in respect of sentence S2. The prisoner therefore cannot be eligible for release until the LED in respect of sentence S1 has been reached. Once the prisoner has been released in respect of sentence S1, he will be at risk until SED1, since that is later than SED2. Example 19
S1 PED1 recall S2 PED2 NPD2 LED2 SED2 LED1 SED1

Sentences S1 (including the recall) and S2 do not form a single term: they run in parallel. The LED in respect of S1 is after the PED but before the NPD for S2. The prisoner cannot therefore be eligible for parole on S2 or discretionary release on S1 until PED2. He must be released at NPD2, on licence to LED2 and at risk until SED1, since that is later than SED2. 6.2 Prisoners released on licence: short term prisoners licence suspended by a Magistrates Court (Section 38 of the 1991 Act)

6.2.1 This only applies to prisoners sentenced to a term of 12 months or more, but less than 4 years, whose offence for which the sentence was imposed was committed before 1 January 1999. A recall during a period of suspension of an ACR licence will be dealt with by the magistrates' courts. Cases will be prosecuted by the Probation Officer or Social Worker supervising the licence and can only run from the point they are proved in court. The recall period is served in full and is not subject to any early release provisions. Cases can be heard in absentia. In these cases, the prisoner must be considered to be unlawfully at large from the date of the recall order being issued by the court. 6.2.2 The Magistrates Court may suspend the licence for any period within the balance of the outstanding licence period, up to a maximum of 6 months. The prisoner will then be detained for this period, in pursuance of the original sentence. For prisoners whose offences were committed before 30 September 1998, if the new release date falls before the original LED, the prisoner will be released on licence to the LED. For prisoners whose offences were committed on or after 30 September 1998, the prisoner will always be released on licence to the original SED.

6.3 Prisoners released on licence: licence revoked by Secretary of State (section 39 of the 1991 Act) 6.3.1 This applies to all prisoners sentenced to a term of 4 years or more. It also applies to prisoners sentenced to a term of 12 months or more, but less than 4 years, if the offence for which the sentence was imposed was committed on or after 1 January 1999. 6.3.2 If a prisoner is released on parole licence and that licence is subsequently revoked the prisoner will, on return to prison, continue to serve the original sentence and may be detained until the original LED. The NPD no longer applies. 6.3.3 There is no minimum period of detention following revocation. Original release dates will be extended by any period unlawfully at large. Prisoners whose offences were committed before 30 September 1998 will be released unconditionally. Prisoners whose offences were committed on or after 30 September 1998 will be released on licence to the SED. If those prisoners are recalled again, they would then be released unconditionally at the end of the sentence. 6.4 Prisoners returned to prison for an offence committed during the at risk period (section 116 of the 2000 Act, formerly section 40 of the 1991 Act)

6.4.1 If a prisoner commits an imprisonable offence during the at risk period of an earlier sentence, and is subsequently convicted of that offence, a court can make an order (under section 116) for him or her to be returned to prison for the whole or any part of the period which begins with the date of the order and is equal in length to the period between the date the new offence was committed and the sentence expiry date of the earlier sentence. Where the precise date of the offence is not known by the court, but it is known that it was committed between two dates, the later date is treated as the date of the offence for the purposes of a section 116 order. A section 116 order does not have to be imposed before the SED of the earlier sentence. 6.4.2 A Magistrates Court does not have the power to return a prisoner for a period of more than six months but may commit the prisoner in custody, or on bail, to the Crown Court if the at risk period is greater. 6.4.3 The section 116 order will be treated as a sentence of imprisonment for the purposes of calculating release dates. Early release provisions therefore apply to it in the normal way, as though it was a sentence starting on the day it was imposed (but see the exception at paragraph 6.4.6 below). It will commence on the day the court orders a return to prison. It will, as the court directs, be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence. 6.4.4 The section 116 term is treated as forming a single term with any other sentence imposed on the same occasion. This new single term does not supersede or take the place of the original sentence, and any unexpired part of the original sentence will continue to run. Any remand time relevant to the new offence will be credited against the single term in the usual way. Example 20

6.4.5

S1

PED1 recall

LED1

SED1

S2 (s.116 term) S3

Shortly after being released from sentence S1, the offender re-offends and has his licence revoked. He is recalled, is given a section 116 term (S2) by a court and a new sentence S3, to run concurrently to the section 116. S2 and S3 form a single term. However, this single term does not form a single term with S1 (in respect of which the prisoner has been recalled). So S1 and the single term comprised of S2 and S3) run in parallel. In this case, the prisoner is liable to stay in custody after the custodial part of the single term of S2 and S3 has been served because the recall period extends beyond the release date in respect of the single term of S2 and S3. The offender will then be at risk until SED1 (if the offence was committed before 30/9/98) or under supervision (if the offence was committed on or after 30/9/98). 6.4.6 For prisoners whose offences were committed after 30 September 1998, if the section 116 term, together with any new sentence imposed, amounts to a term of 12 months or less, the prisoner will be automatically released on licence once he has served one-half of that period. This licence will remain in force for a period of 3 months . Prisoners in this category whose offences were committed before 30 September 1998 will be released unconditionally at the half-way point of their sentence. Link back to Contents

CHAPTER 7 7.1

UNLAWFULLY AT LARGE

General remarks

7.1.1 When a sentenced prisoner (including a fine defaulter, a contemnor or a civil prisoner) has been unlawfully at large (UAL) from prison and is then returned to custody, the period of absence will not be treated as part of the sentence served unless the Justice Secretary directs that it should. In exceptional circumstances, it may be appropriate to allow a period spent UAL to count towards completion of the sentence. Each case will be considered on its individual merits, having regard to the following factors : The length of time before the prisoner is informed that they are UAL In cases of erroneous release, if the prisoner is informed that they are UAL relatively quickly, then their case may be less deserving than those who are informed after a lengthy period.

The extent to which the prisoner has been severely disadvantaged by their return to custody For example, if the prisoner will lose irreplaceable employment and accommodation links.

Whether the prisoner has deliberately withheld knowledge of the error If it can be established that the prisoner was well aware that they were released too soon then this would render the exercise of the Secretary of States discretion inappropriate Public protection issues Consideration must be given to the circumstances of a prisoners release, in particular the security conditions under which they were held immediately prior to release, and any outstanding and existing risk factors. Family issues Where the prisoner is a primary carer, regard must be paid to the care and wellbeing of the child or other person for whom they have been caring. Only in very exceptional circumstances would the Justice Secretary consider allowing UAL time that equated to more than 25% of the sentence term to count against sentence. [Paragraph 7.1.1 replaced 04/06/08 to conform with PSI 20/2008] 7.1.2 Short periods (less than one month) of UAL may be allowed to count at the discretion of the Area Manager. Longer periods will require Ministerial approval on the recommendation of the Area Manager. There is no Royal Warrant involved in

allowing time spent UAL to count against sentence, which is distinct from the exercise of the Royal Prerogative. A note signed by the Area Manager confirming the decision must be sent to the establishment. This must be filed securely on the prisoners Custodial Documents File. 7.2 Calculation of the period unlawfully at large

7.2.1 The period unlawfully at large will extend all release dates (including the SED), when the prisoner is returned to custody . At the point at which the UAL period begins, the sentence is in effect frozen. 7.2.2 Where a prisoner has escaped, both the day of escape and the day of recapture will count as part of the custodial period of the sentence. If an escaped prisoner is in police detention after escape but before returning to prison this period will count as part of the custodial period of the sentence. 7.2.3 Where a prisoner has failed to return on time from a period of temporary release, he or she will be unlawfully at large. For sentence calculation purposes the first day of UAL time will be the day after he was due to return to custody or the day after the date the licence was withdrawn by the issuing prison. The last day of UAL time will be the day before recapture or surrender. For example: A prisoner is due to return on 14.04.03 but is not back in custody until 22.04.03. In this case there will be 7 days UAL (15 to 21.04.03 inclusive). 7.2.4 A prisoner who has had a licence revoked whilst not in custody will be deemed to be unlawfully at large. For sentence calculation purposes the first day of UAL time will be the day following the revocation of licence. The last day of UAL will be the day before arrest. For example: A prisoners licence is revoked on 26.03.03. He is arrested and returned to custody on 07.05.03. In this case there will be 41 days UAL (27.03.03 to 06.05.03 inclusive). 7.2.5 A sentenced prisoner recaptured in a foreign country, including the Irish Republic, will not normally have time spent in detention pending extradition counted towards sentence on return to custody in the UK. However, he or she may make application for the Home Secretary to direct that the time should be counted, under the power referred to in paragraph 7.1.1 above. 7.3 Effect of being unlawfully at large on consecutive sentences

7.3.1 If a prisoner has been unlawfully at large and subsequently receives a consecutive sentence, the sentence will be calculated in the normal way from the date of the original sentence. The resulting release dates will be extended by the period unlawfully at large. 7.4 Effect of being unlawfully at large on concurrent sentences

7.4.1 If the prisoner receives a concurrent sentence that overlaps the re-calculated SED after UAL has been added, the following will apply: (i) (iii) if the period UAL occurred after the imposition of the latest concurrent and overlapping sentence, release dates on the single term will already have been calculated. The number of days UAL must be added to these dates. if the prisoner receives a concurrent and overlapping sentence after a period UAL, a net single term must be used as the calculation period (see example below). The net single term will also determine the release scheme. The release dates calculated must then be extended by the period UAL.

Example 21 Prisoner escapes and is at large for 3 months (i) initial sentence profile before escape (12 month sentence imposed on 1 January 2001, so ARD is 1 July 2001): S1 ARD SED1

(ii) sentence profile after escape and recapture (prisoner escapes after 3 months, UAL for 3 months: on recapture ARD and SED1 are extended by 3 months to 1 October 2001 and 31 March 2002 respectively): S1 UAL ARD SED1

(iii) sentence profile after new 12 month concurrent sentence imposed on 31 July 2001 (one month after recapture): S1 UAL S2 ARD SED1 SED2

The net single term is the period from S1 to SED2, minus the UAL period (i.e. 19 months minus 3 months = 16 months). The release date is now the half-way point of the single term, which is extended by the UAL period (i.e. 8 months plus 3 months = 11 months). The single term release date is therefore 29 November 2001). 7.5 Absconders from other UK jurisdictions

7.5.1 Absconders from prison establishments in other UK jurisdictions must be received by an establishment in England and Wales, if they are apprehended by the police in England and Wales. Link back to Contents

Chapter 8 8.1

Appeals

General remarks

8.1.1 An appeal can result in an increase as well as a decrease in a sentence length . 8.1.2 Where a prisoner has served a period of imprisonment which has been annulled by virtue of a court subsequently reducing or overturning the sentence on appeal, any remand time which was served at the same time as the annulled period of imprisonment cannot retrospectively be treated as reducing a subsequent sentence to which it is relevant. 8.2 Crown Court

8.2.1 Crown Courts hear all cases on appeal from the magistrates or youth court afresh and such cases represent a completely new hearing. 8.2.2 Where the Crown Court dismisses the appeal, or re-imposes the same sentence, there is no effect on the sentence calculation and no action needs to be taken (unless the prisoner was bailed pending appeal, in which case the period spent on bail must be added to the original release dates). 8.2.3 Where the Crown Court imposes a sentence of a different length from that imposed by the lower court, the release dates will be calculated as follows: (a) (b) (c) (d) 8.3 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 remand time applicable to the original sentence; deduct the term already served, unless the Court orders otherwise , in which case deduct only the period specified by the Court; calculate the appropriate release dates on the balance of the sentence.

Court of Appeal (Civil and Criminal Divisions)

8.3.1 These courts review the previous hearing. 8.3.2 Where the Court of Appeal varies a sentence the new sentence will be calculated as commencing from the date of the original sentence, unless the Court orders otherwise. 8.3.3 Where a prisoner serving concurrent or consecutive sentences appeals against one of the sentences and it is quashed on appeal, it will be treated as a nullity and the remaining sentence(s) will be recalculated as though the quashed sentence had never been imposed. Such cases should be referred to the sentence calculation helplines at headquarters for advice on the calculation of the amended single term. 8.3.4 Where a custodial sentence is substituted for a non custodial sentence it will run from the date of the original sentence unless the court directs otherwise . 8.4 House of Lords

8.4.1 An appeal to the House of Lords must involve a fundamental point of law. Such cases are comparatively rare. A House of Lords judgment has the same effect, for the purposes of sentence calculation, as a judgment in the Court of Appeal as described above. Link back to Contents

Chapter 9 9.1

Additional days awarded

General remarks

9.1.1 Added days awarded by a GOVERNOR on adjudications that took place on or after 2 October 2000 must not be applied to any calculation of CURRENT serving prisoners. Added days awarded BEFORE 2 October 2000 must be calculated according to the following guidance. 9.2 If a prisoner is found guilty of a breach of Prison Rule 51 or Young Offender Institution Rule 55, that prisoner, or young offender, serving a determinate sentence (other than a young offender serving a DTO ) may be ordered to serve additional days. Additional Days Awarded (ADAs) will be added to all release dates except the SED. The imposition of ADAs cannot take the release date or licence expiry date beyond the SED. A prisoner on remand may be awarded Prospective Additional Days (PADAs). Should the prisoner subsequently receive a custodial sentence for the offence for which he was remanded, the release dates will be deferred by the number of PADAs. (Special provisions exist for pre-1991 Act prisoners as at 1October 1992 see the Prison Discipline Manual) Where a prisoner is deemed to have served his sentence on remand but there are PADAs to be taken into account, PADAs must be added to the release date before remand time is deducted. Example 22 A prisoner has been on remand for 25 days, then receives a 42 day sentence. He had 7 days PADAs awarded while on remand. These 7 days are added to the half-way point of the sentence (21 days) to give a total custodial term of 28 days. Remand time is then deducted, so the prisoners release date is 3 days after being sentenced. 9.5 Where a sentenced prisoner is given ADAs and subsequently receives an overlapping concurrent sentence, the single term will be calculated in the normal way. The resultant release dates on the single term, other than the SED, will be deferred by any unserved ADAs. Where a prisoner is recalled under section 38 or section 39 (parole recall) of the 1991 Act, ADAs will extend the re-release date, but not the SED.

9.3

9.4

9.6

Example 23
S1 CRD1 LED1 recall S2 ADAs ARD2 SED2 SED1

The prisoner is released on licence from the custodial part of S1. A short time later, he is recalled to prison until LED1 and subsequently receives a new sentence S2 (which is less than 12 months). He then receives ADAs, which extend both the period of recall under S1 (LED1) and the release date under S2 (ARD2) 9.7 A prisoner may have ADAs remitted or adjudications for which he or she has received punishments of ADAs quashed. In such cases all release dates affected by ADAs will be reduced by the number of days returned. Any queries about ADAs should be addressed to the Discipline Policy Section in Prison Service headquarters, Room 707A, Cleland House, telephone 020 7217 2908. Link back to Contents

9.8

Part III Special categories of cases

Chapter 10 10.1

Prisoners transferred from other jurisdictions

General remarks

10.1.1 Prisoners may be transferred to England and Wales from: 10.2 Scotland, Northern Ireland, Jersey, Guernsey or the Isle of Man under Schedule 1 of the Crime (Sentences) Act 1997 Foreign jurisdictions under the Repatriation of Prisoners Act 1984 Foreign jurisdictions under the Criminal Justice (International Co-operation) Act 1990 British Dependent Territories under the Colonial Prisoners Removal Act 1884.

Transfers under the Crime (Sentences) Act 1997

10.2.1 The provisions of the Crime (Sentences) Act 1997 relating to the transfer of prisoners between United Kingdom jurisdictions (England and Wales, Scotland and Northern Ireland) and the Islands (Jersey, Guernsey and the Isle of Man) are used primarily to facilitate family contact, enabling prisoners to transfer to another jurisdiction either to complete their sentence, or for time limited periods in order to receive accumulated visits. Prisoners may also be transferred under the Act for judicial purposes. 10.2.2 Transfers under the Crime (Sentences) Act 1997 are made on either an unrestricted or a restricted basis. Warrants issued to effect transfers should make it clear whether the transfer is unrestricted or restricted. 10.2.3 Where transfers are made on an unrestricted basis, the continued administration of the prisoners sentence becomes a matter entirely for the receiving jurisdiction. Prisoners transferred to England and Wales on an unrestricted basis must therefore have their release dates recalculated as if they had been sentenced by a court in England and Wales. Allowance must, however, be made for any time spent in custody before sentence only if that time has been allowed in the jurisdiction in which the prisoner was sentenced. 10.2.4 Where a prisoner is transferred to England and Wales on a restricted basis - for either a limited or an unlimited period - the release dates of the sending jurisdiction continue to apply, subject to paragraph 10.2.5 below. All actions relating to a prisoners release, such as consideration for release on parole licence, preparation and issuing of licences, are a matter for the sentencing jurisdiction. Prisoners transferred on a restricted basis who have a parole eligibility date should therefore not be considered for parole by the Parole Board of England and Wales. 10.2.5 The release dates of restricted transferees must be adjusted following the imposition, or remittance, of additional days awarded or days unlawfully at large. 10.2.6 The current release arrangements in the other UK jurisdictions and the Islands are as follows: Scotland

Prisoners sentenced to 4 years and over are automatically released once they have served two-thirds of their sentence and are on licence up to the Sentence Expiry Date. Such prisoners are also eligible for consideration for release on parole licence once they have completed half of their sentence. Prisoners sentenced to a term of less than 4 years are unconditionally released once they have served half of their sentence. They are not subject to any licence conditions. Northern Ireland All determinate sentence prisoners sentenced to a term of imprisonment in Northern Ireland are automatically released once they have served half of their sentence. They are not subject to any licence conditions. Jersey All determinate sentence prisoners sentenced to a term of imprisonment in Jersey are automatically released once they have served two-thirds of their sentence. They have no eligibility for release on parole licence and are not subject to any licence conditions. Guernsey All determinate sentence prisoners sentenced to a term of imprisonment in Guernsey are automatically released once they have served two-thirds of their sentence. Prisoners serving sentences of 18 months or more are eligible for consideration for release on parole licence once they have served one third of their sentence. Isle of Man The release arrangements applicable in the Isle of Man mirror those applicable in England and Wales. 10.3 Transfers under the Repatriation of Prisoners Act 1984

10.3.1 Provision exists under the Repatriation of Prisoners Act 1984 for prisoners to be transferred to England and Wales from foreign jurisdictions in order to complete their sentence in this jurisdiction. Release dates for these prisoners, who initially go to either Wandsworth or Holloway Prison following their arrival in this country, are calculated by the Cross Border Transfer Section at Prison Service headquarters. The establishments concerned are notified of prisoners release dates shortly before their arrival. 10.3.2 The warrant authorising a prisoners return to, and detention in, the United Kingdom will specify a term to be served in the UK. The automatic release arrangements which apply in England and Wales are applied to this period. 10.3.3 Long-term prisoners will be automatically released after serving two-thirds of the term specified in the warrant; the licence expiry date will fall at the three-quarters point; and the sentence expiry date at the completion of the stated term. These dates will be calculated from the date of the prisoners arrival in the UK. Long-term

prisoners will be eligible for consideration for release on parole licence after serving half of the full sentence imposed in the foreign jurisdiction, running from the date of sentence in the foreign jurisdiction or from the date of first reception into custody there if that jurisdiction makes allowance for time spent on remand. 10.3.4 Short-term prisoners will be eligible for automatic release once they have served half of the term specified in the warrant and will remain on licence until they have served three-quarters of that term. The release dates will be calculated from the date of the prisoners return to the UK. 10.3.5 The release dates of any repatriated prisoner must be amended locally if the prisoner has had a disciplinary award of additional days or has been unlawfully at large. 10.4 Transfers under the Criminal Justice (International Co-operation) Act 1990

10.4.1 Prisoners may be transferred to England and Wales from foreign jurisdictions under the provisions of the above Act for a limited period in order to appear as witnesses at criminal trials. No action by establishments in respect of release dates is required. 10.5 Transfers under the Colonial Prisoners Removal Act 1884

10.5.1 The Colonial Prisoners Removal Act 1884 makes provision for prisoners to be permanently transferred to the United Kingdom from British Dependent Territories whose own prison facilities are either non-existent or cannot meet an individual prisoners needs. Prisoners transferred to England and Wales under this Act must have their release dates calculated as if they had been sentenced by a court in this jurisdiction. Allowance must be made for any time spent in custody before sentence only if that time has been allowed in the jurisdiction in which the prisoner was sentenced, as with prisoners transferred under the Crime (Sentences) Act 1997. 10.6 Queries about transferred prisoners

10.6.1 Any queries relating to the sentence calculation of transferred prisoners should be directed to the Cross Border Transfer Section at Prison Service headquarters (telephone: 020 7217 2929; fax: 020 7217 6732). Link back to Contents

Chapter 11 11.1 General remarks

Extended sentences

11.1.1 The Powers of Criminal Courts (Sentencing) Act 2000 gives the courts the power to add a period of extended post-release supervision to the sentence it would normally impose on a person convicted of a sexual or violent offence . In such cases, the court may pass an extended sentence. Such a sentence can only be imposed in respect of an offence committed on or after 30 September 1998. For sexual offences committed before this date, section 86 of the 2000 Act gives the courts power to extend the licence period to the end of the sentence. This was covered in paragraph 5.5.2 above; the rest of this Chapter deals with extended sentences under section 85 of the 2000 Act (previously section 58 of the Crime & Disorder Act 1998), which applies to sexual or violent offences committed on or after 30 September 1998. 11.1.2 An extended sentence consists of the normal period of imprisonment and supervision which would apply under the 1991 Act (the custodial term), and a further period for which the offender is to be subject to licence (the extension period). 11.1.3 Where the offence is a violent offence, an extended sentence can be passed only if the custodial term is 4 years or more. There is no minimum term in respect of a sexual offence. The maximum extension period is 10 years in the case of a sexual offence and 5 years in the case of a violent offence. An extended sentence must remain within the maximum penalty that is available for the offence in question. 11.2 Calculating release dates on an extended sentence

11.2.1 The warrant made by the court will give a break-down of the extended sentence into the custodial term and the extension period. The release dates will be calculated as follows: (i) calculate the release dates (i.e. ARD or CRD/LED/SED for up to 4 years; PED/NPD/LED/SED for 4 years or over) in respect of the custodial term in the normal way (as though the custodial term were a normal sentence); (ii) add the extension period to the LED and SED dates to produce the LED and SED for the extended sentence. 11.2.2 Thus the length of the custodial term determines whether the prisoner is a shortterm or long-term prisoner for the purpose of determining release dates. Where the custodial term is less than 12 months, with no licence period, the extension period is added to the ARD to produce the LED for the extended sentence. Example 24 On 1January 2001, a prisoner is given a 14 year extended sentence, comprising a 6 year custodial term and an 8 year extension period. There has been no period spent on remand. In respect of the custodial term, the PED, NPD, LED and SED are at the half-way, two-thirds, three-quarters and end points respectively, as usual. They are therefore 31 December 2003, 1 January 2005, 1 July 2005 and 31December 2006

respectively. The 8 year extension period must then be added to the LED and SED, as shown below:
S PED NPD. . `normal LED extended LED SED

This gives the following dates in respect of the 14 year extended sentence: PED NPD 31 December 2003 1 January 2005 LED SED 1 July 2013 31 December 2014

11.3

Effect of an extended sentence on other sentences

11.3.1 The criteria for deciding whether an extended sentence is to be treated as a single term with another sentence are the same as apply in relation to any other sentences. 11.3.2 However, where they are to be treated as a single term, only the custodial term of the extended sentence forms part of the single term. The extension period remains outside the single term calculation. Any instances where two or more extended sentences are to be treated as a single term with each other should be referred to the sentence calculation helplines at Prison Service headquarters. Example 25 On 1 January 2001, a prisoner is given a 14 year extended sentence, comprising a 6 year custodial term and an 8 year extension period (as in Example 21). At the same time a normal 6 year sentence is imposed to run consecutively to the extended sentence. There is therefore a single term of 12 years comprising the normal sentence and the custodial term of the extended sentence. Release dates in respect of the single term are calculated in the normal way. The single terms LED and SED are then extended by the 8 year extension period This gives the following final release dates: PED NPD LED SED 31 December 31 December 31 December 31 December 2006 2008 2017 2020

11.4 An extended sentence which overlaps with another sentence but there is no single term 11.4.1 Where an extended sentence is imposed on a prisoner after he or she has been released from the initial custodial part of another sentence, but before he or she has reached the sentence expiry date of that sentence, the new extended sentence will not be treated as a single term with the earlier sentence. It will be treated in the same way as two normal sentences which overlap but do not form a single term (see Chapter 6). 11.4.2 The same applies where a normal sentence is imposed on a prisoner after he or she has been released from the initial custodial part of an extended sentence. For example, after the prisoner has been released from the new sentence, it may be that the licence period of the extended sentence will extend beyond the licence period of the new sentence.

11.5

Unlawfully at large and additional days awarded

11.5.1 A period spent unlawfully at large will extend all release dates in the normal way. Additional days awarded will, in the normal way, extend all release dates except the SED. 11.6 Return to prison of extended sentence prisoners released on licence

11.6.1 Extended sentence prisoners are liable to be returned to prison under section 116 of the 2000 Act in the same way as other prisoners. Where an imprisonable offence is committed after the prisoner has been released from an extended sentence but before the sentence expiry date (which includes the extension period), a court can impose a section 116 term for any period from the date of offence to the sentence expiry date. 11.7 Recall to prison of extended sentence prisoners released on licence

11.7.1 If a prisoner serving an extended sentence is released on licence, he or she will be liable to recall to prison in accordance with section 39 of the 1991 Act. Cases of prisoners recalled in these circumstances should be referred to Sentence Enforcement Unit for advice. Link back to Contents

Chapter 12 12.1 General remarks

Courts martial

12.1.1 A sentence of imprisonment imposed by a court martial or standing civilian court will commence on the date it is imposed. This sentence must be treated as if it was imposed by a court for the purposes of sentence calculation and release arrangements. 12.2 Time spent in custody prior to court martial

12.2.1 Where an offender is serving a sentence of imprisonment imposed by a court martial or standing civilian court, any time spent in custody before sentence is not treated as reducing the sentence imposed (it is for the court to take account of this in determining the length of sentence). 12.3 Appeals

12.3.1 A person found guilty by a court martial may appeal under the following circumstances: (a) if he pleaded guilty, appeal may be made against sentence. If successful, this will betreated, for sentence calculation purposes, as a Crown Court appeal; if he was found guilty, appeal may be made against both conviction and sentence. If successful this will be treated, for sentence calculation purposes, as a Court of Appeal. Link back to Contents

(b)

Chapter 13 13.1 Errors in calculation

Special remission

13.1.1 If a mistake in calculation which changes a prisoner's release date is found to have been made, immediate action must be taken to rectify it. If there is any doubt, the sentence calculation helplines in headquarters must be consulted before the release dates are changed. 13.1.2 The prisoner must be informed of any revised dates, and given the reasons for them, and the calculation sheet annotated to show the reason for the change. Correction results in release date being brought forward 13.1.3 If the recalculation means that the prisoner should already have been released, he or she must be released as soon as this can be arranged. Proper discharge and supervision arrangements must have been put in place. If a prisoner claims compensation for unlawful detention for the period in question, the matter must be referred to the Deputy Director Generals Briefing and Casework Unit or the Directorate of High Security Prisons to consider. Correction results in release date being deferred 13.1.4 Where a prisoner has been given to understand for several months that he or she will be released on a date before the correct release date, consideration must be given to whether the sentence imposed should be served up to the correct release date or whether the period in question should be cancelled out by the exercise of the Royal Prerogative of Mercy (sometimes referred to as special remission). The decision whether to seek the exercise of the Royal Prerogative in such cases must take account of the relevant circumstances, balancing the expectations or distress of the prisoner and his or her family against the obligations on the Prison Service to ensure that the sentence of the court is implemented. The Royal Prerogative cannot be exercised lightly: each case must be carefully considered on its individual merits . 13.1.5 The issue that must be determined is whether public faith has been pledged to such an extent as to justify the validation of the incorrect release date. Consideration must be given as to whether the relevant sentencing court should be consulted. Depending on the circumstances, the following factors may need to be taken into consideration: The length of time the prisoner has been under a misapprehension If the error is discovered and rectified soon after it was made, then the prisoner is unlikely to have suffered any substantial disappointment and special remission would not normally be granted. If, however, the mistake is not discovered until shortly before the date on which he or she expects to be released or the prisoner was given the date some time before being released then there may be a case for granting remission. There are no hard and fast rules; individual cases must be considered on their merits and in the light of precedents. 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. 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. The length of time or proportion of the sentence that would not be served Only in very exceptional circumstances would a liability to serve more than 25% of the term imposed by the court or a period of more than 2 months be cancelled by exercise of the Royal Prerogative. Where, exceptionally, this is considered appropriate, the views of the sentencing court must be obtained. 13.1.6 A decision to seek validation of an incorrect release date through exercise of the Royal Prerogative of Mercy must not be made at a level below Area Manager. Requests for the exercise of the Prerogative are made to Ministers by the Area Manager through the Briefing & Casework Unit or the Directorate of High Security Prisons. Where the period involved is one month or longer, the request to exercise the Royal Prerogative Mercy is made through the Justice and Victims Unit of the Home Office. If the Prerogative is exercised, a Royal Warrant is produced and sent to the establishment. The Warrant must be filed securely on the prisoners Custodial Documents File. 13.1.7 Normally the Royal Warrant will be sent to the establishment concerned before a prisoner needs to be released. But there may be occasions, when a mistake has passed unnoticed for some considerable time, when the Royal Prerogative needs to be exercised retrospectively. Once Ministers have decided to authorise recourse to the Royal Prerogative, the Governor may be instructed to release the prisoner as soon as possible without necessarily waiting for the Warrant. Prisoner released in error 13.1.8 Where it comes to light that a prisoner has been released too early, consideration must be given as to whether to instruct the police to return the prisoner to prison to serve the outstanding part of the sentence. The criteria for deciding whether to recall the person are the same as those set out in paragraph 13.1.5 above. Where the Area Manager decides that the person should not be recalled, the exercise of the Royal Prerogative will need to be sought to validate the incorrect release. The procedures for seeking a Royal Warrant are the same as those described above.

Calculation of special remission 13.1.9 The period of special remission to be applied must be the minimum required to produce the desired effect. The period must be calculated as follows: A B C D E F G H 13.1.10 13.1.11 = = = = = = = Number of days in box A on calculation sheet Number of days to correct ARD, CRD, NPD, PED = Number of days difference from date given to correct ARD, CRD, NPD, PED B - C to give a new total Number of days remand (or police custody time) + D 100% of E for ARD, CRD, PED 50% of E for NPD E + F = new sentence length A-G= number of days special remission required

A calculation must now be done on the new sentence length. If the new sentence length results in the prisoner changing from a long term prisoner (serving a sentence of 4 years or more) to a short term prisoner (serving a sentence of less than four years) advice must be sought from the sentence calculation helplines at headquarters.

13.2

Special remission for meritorious conduct

13.2.1 Where a governor recommends that a prisoner is to be rewarded by early release for meritorious conduct, the relevant documents must be sent to the Briefing and Casework Unit or the Directorate of High Security Prisons. The case for early release will then be put to the Area Manager to approve (or not, as the case may be) the recommendation and the number of days early release. 13.2.2 The following formula must be used to calculate the amount of special remission needed to result in early release of the prisoner by the agreed number of days. A B C D E = = = = = Number of days in box A on calculation sheet Number of days to ARD, CRD, NPD, PED Number of days earlier release approved B - C to give a new total Number of days remand (or police custody time) + D

F G H

= = =

100% of E for ARD, CRD, PED 50% of E for NPD E + F = new sentence length A - G = number of days special remission required

13.2.3 A calculation must now be done on the new sentence length. 13.2.4 As in the case of errors (paragraph 13.1.11 above), if the new sentence length results in the prisoner changing from a long term prisoner to a short term prisoner, advice must be sought from the sentence calculation helplines before any further action is taken. 13.2.5 No change should be made to the prisoners existing dates until the Royal Prerogative of Mercy has been exercised. 13.3 Table for calculations

13.3.1 A table for calculating periods of special remission is at Annex D. Link back to Contents

Chapter 14 14.1

Young offenders

General remarks

14.1.1 Young offenders may receive three kinds of determinate sentence: (a) Detention in a Young Offender Institution (DYOI). Until 1 April 2000, DYOI could be imposed on young offenders aged at least 15 but under 21 at the date of conviction. Since 1 April 2000, DYOI can only be imposed on such offenders aged at least 18 but under 21 at the date of conviction. (b) A sentence for offenders under 18 convicted of certain serious offences, under section 91(3) of the 2000 Act (formerly section 53(2) of the Children and Young Persons Act 1933) (c) A Detention and Training Order (DTO) Since 1 April 2000, offenders aged under 18 at the date of conviction who the court considers should receive a custodial sentence for offences which are not sufficiently serious to fall within (b) above must be sentenced to DTO.

14.1.2 The framework for calculating the release dates of young offenders serving determinate sentences under (a) and (b) above is largely the same as that for adult prisoners. However, where sentences of DYOI were imposed on those aged under 18 at the date of conviction, i.e. prior to 1 April 2000, there were statutory limits on the duration of any sentences that could be imposed: the maximum term of detention was 24 months. A court could not increase a sentence beyond 24 months by imposing a consecutive or concurrent and overlapping sentence. If such a sentence was imposed, the period exceeding 24 months must be disregarded and the sentence treated as a 24 month sentence. For these purposes, any section 116 order is treated as a sentence and therefore forms part of the 24 month period. 14.1.3 The minimum sentence of DYOI in respect of an offence for an offender under 18 years of age is two months , except for a supervision order under section 65 of the 1991 Act or in the case of fine defaulters and contemnors. Prisoners under 18 years of age serving 12 months or less will be treated under the automatic unconditional release scheme. 14.2 Sentence of DYOI: offenders aged 18, 19, and 20

14.2.1 For offenders aged 18 to 20 years old inclusive on conviction, there was and is no upper limit on the length of sentence other than that specified for a particular offence. The minimum sentence is 21 days. 14.3 Sentence of detention under section 91(3) of the 2000 Act 14.3.1 Section 91 of the 2000 Act makes provision for punishment of certain grave crimes by those who were under the age of 18 at the time the offence was committed. These offenders may receive a determinate sentence of any length decided by the sentencing court.

14.3.2 Calculation of release dates will be the same as for other determinate sentences. The sentence length will determine the release scheme and all sentences will be subject to the awarding of Additional Days (since 1 April 2000, only those over 18 may be awarded these ). 14.3.3 The cases of any young offenders who receive a new sentence while they are still serving a sentence which was imposed before 1 October 1992 must be referred to the sentence calculation helplines at headquarters. 14.4 Remand time

14.4.1 A sentence will be reduced by remand time in the normal way (as applicable to prisoners over 21). 14.4.2 Time spent by a juvenile remanded to local authority accommodation can count to reduce the subsequently imposed sentence only if the accommodation was secure accommodation, certified as such by the Secretary of State . A list of all registered approved secure accommodation is set out at Annex E. 14.4.3 Juveniles must be asked on reception whether they have been held in local authority accommodation prior to being sentenced and, if so, the name of the establishment and the period(s) held. If a juvenile says he or she was held in any of the establishments listed at Annex E, confirmation must be obtained from the establishment that he or she was held there on remand during the periods mentioned by the juvenile. If confirmation is received, the period(s) must be credited to reduce the sentence, provided that the time is relevant in accordance with the normal rules on the crediting of remand time. 14.5 Supervision after release

14.5.1 All Young Offenders are subject to supervision of at least 3 months following release. 14.5.2 The release scheme licence operates in exactly the same way as for adults, including the minimum requirement for supervision. 14.5.3 But where the release scheme licence expires less than 3 months from release or there is no release scheme licence, a young offender is subject to a supervision order (under section 65 of the 1991 Act) which begins on the expiry of the licence period (or on release if there is no licence period) and ends 3 months after release or on their 22nd birthday, whichever is the sooner. 14.5.4 A failure to comply with a supervision order may result in the person receiving either a fine or a term of imprisonment, up to a maximum of 30 days. The prisoner will receive the normal early release provisions on this term and will not be further released under supervision.

14.6

Detention and Training Orders

14.6.1 The Detention and Training Order (DTO) scheme provides a sentencing structure for young persons who committed offences on or after 1 April 2000. DTOs are considered in the next chapter.

Link back to Contents

Chapter 15 15.1

Detention and Training Orders

General remarks

15.1.1 Offenders aged under the age of 18 on the date of conviction who are given a custodial sentence will be given a DTO, subject to exceptions such as Detention at Her Majestys Pleasure and detention under section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 53(2) of the Children and Young Persons Act 1933) . 15.1.2 The length of a DTO may be 4, 6, 8, 10, 12, 18 or 24 months . DTOs are divided into two parts: a period of detention and training; and a period of supervision. The custodial part of a DTO may be served in a YOI or other secure accommodation . 15.2 Calculating the release date

15.2.1 A DTO, like a sentence of imprisonment, normally begins on the date of imposition by the court; it can never commence prior to imposition. 15.2.2 The release date of the offender will normally be the half-way point of the term of the DTO . The legislation relating to DTOs does not specify how the half-way point is to be determined. However, in the case of multiple and overlapping sentences (see section 15.4 below) the only way to calculate the half-way point is by converting into days. For consistency, the same procedure is to be adopted for all DTO terms, whether single or multiple. To find the half-way point, the DTO must therefore be converted to days, as with DYOI. 15.2.3 Months, in the context of DTOs, means calendar months . For example, 4 months starting on 14 March runs to 13 July and 6 months starting on 31 August runs to 28 February. When a DTO begins on the first day of the month, it will run to the last day of the final month, e.g. 4 months starting on 1 April runs to 31 July. 15.2.4 To determine the half-way point, take the number of days in the total term and divide by two. Round up any odd half day to the next whole number. Then count that number of days from the first day of the term. An offender is not entitled to be released until the end of the last day of the custodial part of the DTO, but for practical reasons he or she may be discharged at any time during that day (usually in the morning, to allow time for travelling). In the case of prisoners whose release dates fall on weekends or Bank Holidays, release dates must be brought forward to the immediately preceding weekday which is not a Bank Holiday. Example 26 An offender receives a DTO of 4 months on 1 May 2001 The term runs until 31 August 2001, giving a total of 123 days Half of 123 is 61.5, which is rounded up to 62 62 days from 1 May gives a release date of 1 July 2001 1 July 2001 is a Sunday, so the offender is released from the custodial part of the DTO on Friday 29 June 2001

Note: in most cases converting to days to calculate the release date will give the same result as using whole calendar months. In this case, however, the two

results are slightly different: 1 July using days and 30 June using months. As explained in paragraph 7 above, converting to days is the method to be used. 15.2.5 A calculation sheet for DTOs is at Annex F. 15.3 Remand and police custody time

15.3.1 In calculating the term of, or release date from a DTO, remand time and police detention time are not credited against the DTO. The court should have taken any such time that is relevant to the DTO into account when determining its length . 15.3.2 Additional days may not be added to the period a person must serve under a DTO . 15.4 Multiple DTOs

15.4.1 Offenders may receive more than one DTO. Subject to paragraphs 15.4.2 and 15.4.3 below, the court may order a DTO to commence on the expiry of any other DTO to which the offender is subject, i.e. for it to run consecutively . Where the court does not indicate whether a new DTO should be concurrent or consecutive to an existing DTO, it must be treated as being concurrent. 15.4.2 The court should not make a DTO whose effect will be that the offender is subject to a DTO, or DTOs, for more than 24 months; if it does so the term must be treated as being one of 24 months. The 24 month limit applies only to the imposition of new DTOs up to the end of the custodial period. After an offender has been released from the custodial period, the offender may be made the subject of a further DTO, or DTOs . 15.4.3 The court should not order a DTO to run consecutively to a previous DTO if the offender has been released from the custodial part of the earlier DTO . 15.4.4 Consecutive DTOs, and DTOs which are wholly or partly concurrent, must be treated as a single term for the purpose of calculating a release date if: (a) (b) they were made on the same occasion; or where they were made on different occasions, the offender has not been released at any time during the period beginning with the first and ending with the last of those occasions .

Single term: concurrent sentences 15.4.5 Where concurrent and overlapping DTOs are imposed, and the DTOs are single termed, the length of the single term is from the date of imposition of the first DTO to the latest end date of the DTOs.

Example 27 An offender is given a DTO of 6 months on 2 April 2001 (DTO 1) He subsequently receives a further DTO of 6 months on 1 May 2001, to be served concurrently (DTO 2). DTO 2 is imposed after DTO 1, but before the offender has been released from the custodial part of DTO 1. There is therefore a single term, namely the period from the date of imposition of DTO 1 (2 April 2001) to the end date of DTO 2 (31 October 2001) DTO 1 DTO 2 Half-way point of DTO 1 End of DTO 1 End of DTO 2

Half-way point of DTO 2 Half-way point of single term

The length of the single term determines the point at which the offender is released from custody Once the length of the single term has been determined in days, the halfway point is calculated in the same way as with a single DTO, as described in paragraph 15.2.4 and Example 26 above In this case, the single term is of 213 days, giving a half-way point of 107 days from 2 April. The offender is released from custody at that point, i.e. 17 July 2001.

Single term: consecutive sentences 15.4.6 DTOs which are to be served consecutively are, for the purpose of the calculation of release dates, added together and treated as a single term equal to the combined total of the DTOs. For example, two consecutive DTOs of 12 months will result in a single term of 24 months. 15.4.7 This also applies where such DTOs are imposed by different courts on different days, providing the offender has not been released at any time before the second DTO was imposed and the warrant or court order clearly indicates that the DTOs are to be served consecutively. Example 28 An offender receives a DTO of 12 months on 2 April 2001 (DTO 1) He then receives two further DTOs each of 4 months on 29 June and 20 July respectively, both to run consecutively (DTO 2 and DTO 3) In each case the consecutive term was imposed while the offender was still serving the custodial part of a previous term When the third DTO is imposed there is therefore a single term of 12 + 4 + 4 = 20 months

DTO 1 DTO 2 DTO 3 Half- way point of single term 15.5 The term runs from 2 April 2001 until 1 December 2002, giving a total of 609 days Half of 609 is 304.5, rounded up to 305 305 days from 2 April 2001 gives a release date of 31 January 2002.

Early and Late Release

15.5.1 The release date under a DTO may be brought forward by the Secretary of State as follows: (a) if there are exceptional circumstances justifying early release on compassionate grounds ; (b) to reflect progress in custody, (i) by 1 month, in the case of an order for a term of 8 months or more but less than 18 months; and (ii) by 1 or 2 months, in the case of an order for a term of 18 months or more .

15.5.2 The release date under a DTO may be deferred by the order of a youth court, on an application to it by the Secretary of State: (a) (b) 15.6 by 1 month, in the case of a term of 8 months or more but less than 18 months; and by 1 or 2 months, in the case of an order for a term of 18 months or more .

Interaction with sentences of DYOI

15.6.1 It is possible for an offender to be subject both to a DTO or DTOs and a sentence or sentences of DYOI at the same time. The effect of the interaction between the two is considered in paragraphs 15.6.3 - 15.6.15 below, which summarise the legislative provisions relating to this situation and their effects. The effects of such interaction can be highly complex in individual cases. It is not possible here to cover in detail every eventuality which can arise. The sentence calculation helplines at headquarters must be contacted in any case in which there is any doubt about the effect of interaction between DTO and DYOI.

15.6.2 DTO and DYOI are different in kind: one is an order, whereas the other is treated as a sentence of imprisonment. This has the effect, for example, that a DTO and a sentence of DYOI are never treated as a single term. DTO followed by DYOI 15.6.3 If an offender currently serving a DTO in custody receives a sentence of DYOI, the latter is treated as beginning either on the day it is passed or, if the court so orders, on the day the offender would otherwise have been released from the DTO, i.e. the half-way point (or any variation determined under paragraphs 15.5.1 or 15.5.2 above) . 15.6.4 Where a sentence of DYOI is imposed on an offender who has previously received a DTO, the fact that remand or police custody time may have been taken into account by the court in determining the duration of the DTO must be ignored for the purpose of determining the amount of remand or police custody time that should be credited to the sentence of DYOI . Any cases where there is doubt about whether remand time should count must be referred to Prison Service headquarters for advice. 15.6.5 If an offender serving the period of supervision under a DTO receives a sentence of DYOI, the sentence of DYOI commences on the day it is passed by the court . There is one exception to this, where an offender receives an order of re-detention (see paragraph 15.9.1 below) which the court orders is to be followed by a sentence of DYOI. In such a case, the sentence of DYOI does not begin until the end of the period of re-detention. DYOI followed by DTO 15.6.6 It is possible that an offender who is already subject to a sentence of DYOI could subsequently receive a DTO, although the only situation where the offender is likely to be in custody serving DYOI first is in transitional cases of offenders already subject to DYOI on 1 April 2000 . If the offender has already been released from the sentence of DYOI, the DTO will commence on the day it is passed . There is one exception to this, in a case where the court has ordered that the DTO is to follow the period of any order of return imposed under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000, as a result of the offender having committed an offence during the period of the original sentence of DYOI. In that situation, and in a case where the offender has not yet been released under Part II of the 1991 Act, the DTO will take effect on the date the offender would have been released under Part II of the 1991 Act from the sentence of DYOI or order of return . 15.6.7 If the offender has not been released from the sentence of DYOI, the DTO begins either on the day it is made or, if the court so orders, when the offender would otherwise be released from the sentence of DYOI. The three possible cases 15.6.8 There are thus three possible cases of DTO followed by DYOI and three corresponding cases of DYOI followed by DTO. The cases of DTO followed by DYOI are as follows:

(i)

the offender has been released from the custodial part of the DTO and so the sentence of DYOI must take effect when it is passed;

(ii) the offender is still serving the custodial part of the DTO and the sentence of DYOI takes effect when it is passed; (iii) the offender is still serving the custodial part of the DTO and the court orders the sentence of DYOI to take effect when the offender would otherwise be released from the custodial part of the DTO.

15.6.9 The corresponding cases of DYOI followed by DTO are as follows: (i) the offender has been released under the early release provisions in Part II of the Criminal Justice Act 1991 and so the DTO must take effect when it is passed; the offender is still serving the sentence of DYOI in custody and the DTO takes effect when it is passed; the offender is still serving the sentence of DYOI in custody and the court orders that the DTO takes effect when the offender would otherwise be released under the early release provisions in Part II of the Criminal Justice Act 1991.

(ii) (iii)

Effect of being subject to both DTO and DYOI 15.6.10 Where an offender is subject concurrently to both a DTO and a sentence of DYOI, for the purpose of determining release dates or recall or re-detention, he or she is treated as subject only to the one of them that was imposed on the later occasion . This is subject to the proviso that release cannot take place until the offender has reached both the release date in respect of the DYOI and the release date in respect of the DTO . 15.6.11 Subject concurrently in this context simply means that the offender is subject to a sentence of DYOI, or to a DTO, as the case may be, while he or she is also subject to a DTO or sentence of DYOI. DTOs and sentences of DYOI are not, strictly, imposed concurrently or consecutively to one another since, as mentioned above, they are different in kind. 15.6.12 An offender is subject concurrently to both DYOI and DTO only during the period when both take effect. Where the court orders a sentence of DYOI to take effect when an offender would otherwise be released from the custodial part of a DTO, for example, the offender does not become subject concurrently to both the DTO and the sentence of DYOI until that point. When either the period of supervision under the DTO or the sentence expiry date of the sentence of DYOI is reached, the offender ceases to be subject concurrently to both. 15.6.13 The imposition of a later DTO or sentence of DYOI does not mean that a previous sentence or DTO ceases to have effect. It is possible, for example, for an offender subject to a DTO to be given a sentence of DYOI and, after having completed that sentence, to be required to complete any outstanding supervision period of the DTO.

15.6.14 It

is possible that a court could impose both a DTO and a sentence of DYOI on an offender on the same occasion (if, for example, he or she committed two offences while under 18, pleaded guilty to one while under 18 and was then convicted of the other following his or her 18th birthday). In these circumstances it may not be clear which has been imposed on the later occasion. Such cases, which are likely to be rare, must be referred to Prison Service headquarters for advice.

Example 29 An offender is given a DTO of 24 months on 2 April 2001 He subsequently receives a sentence of 8 months DYOI on 1 October 2001, ordered to take effect when he would otherwise be released from the custodial part of the DTO

DTO

Half-way point of DTO DYOI takes Release effect from DYOI

End of DTO DYOI supervision ends

Period during which offender is subject concurrently to DTO and DYOI

When he has completed the custodial part of the DTO, on 1 April 2002, he thus becomes subject concurrently to a DTO and a DYOI He is therefore treated as if subject only to a DYOI while he remains in (DYOI) custody for the next 4 months until 1 August 2002 He is then released, since at that point he is required to be released in respect of both the DTO and the sentence of DYOI On release he is subject to 4 months at risk of return under the DYOI, of which 3 months is spent under supervision, until 1 December 2002. He then reverts to a final 4 months supervision under the DTO until 2 April 2003.

15.6.15 The effect of these provisions can be particularly complex in cases where the sentence of DYOI or the DTO, as the case may be, takes effect when it is passed (cases (i) and (ii) in paragraphs 15.6.8 and 15.6.9 above). Treating a DTO as DYOI 15.6.16 In certain circumstances an offender sentenced to DTO is treated as if he or she had been sentenced to DYOI for the same term . This can happen when an offender, aged under 18 on the date of conviction, is re-sentenced because he or she has breached another order (such as a community sentence) and has reached the age of 18 since the date of the original order. 15.7 Section 91 of the 2000 Act

15.7.1 It is possible that a DTO may be imposed on an offender subject to detention under section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period), or vice-versa. Any such cases, which are likely to be rare, must be referred to Prison Service headquarters for advice. Section 91(3) was formerly section 53(2) of the Children and Young Persons Act 1933, by which the provision may be better known. 15.8 Recall - section 104 of the 2000 Act

15.8.1 If during the currency of the supervision part of a DTO a person fails to comply with their supervision requirements, the court may order them to be detained for a period not exceeding the shorter of 3 months or the remainder of the term of the DTO, as the court specifies . This term must be served in full. At the end of the term the prisoner will be released subject to any extant supervision from the original DTO. 15.9 Re-offending during the DTO: order of re-detention under section 105 of the 2000 Act 15.9.1 If an offender commits an imprisonable offence during the supervision period of a DTO the court may order his detention for a period up to the length of the period between the date on which the new offence was committed and the date the existing DTO expires . The court may order this period of detention to be served either before and be followed by, or be served concurrently with, any sentence imposed for the new offence. Any sentence imposed for the new offence is not combined with the period of re-detention to form a single term . A consecutive DTO or sentence of DYOI imposed for the new offence begins on the day after the last day of the period of re-detention. 15.10 Periods of recall or re-detention to be served in full 15.10.1 Periods of recall under section 104 of the 2000 Act (paragraph 15.8.1 above), or re-detention under section 105 (paragraph 15.9.1 above) must be served in full. There is no need to calculate the half-way point of any such period. Link back to Contents

Chapter 16 16.1 16.1.1 16.1.2

Terms of imprisonment in default

General remarks This Chapter sets out the principles and procedures to be used in the calculation of release dates for terms imposed in default of monetary penalties. A criminal "default term" may be imposed for non-payment or arrears in the payment of the following: (a) (b) (c) (d) (e) (f) A fine Costs ordered in criminal proceedings Compensation ordered in criminal proceedings Confiscation orders imposed under the Drug Trafficking Offences Act 1986 or the Criminal Justice Act 1988 Forfeiture of recognizance Civil and judgement debts

16.1.3 Maximum periods of imprisonment in default of payment are set out at Annex G. 16.1.4 Only warrants issued in the United Kingdom committing a person to prison for default may be executed in the UK. Such a warrant issued in any part of the UK may be executed in any other part. A Governor on receipt of a person committed to custody under such an order must accept the person. In cases of doubt advice should be sought from the sentence calculation helplines at Prison Service headquarters. 16.2 Procedures on reception and release

16.2.1 Staff must check whether a prisoner has any money on reception, as this may be put towards payment of the amount outstanding . If a prisoner arrives at the prison with enough money in his or her possession to pay the fine in full then the police must be asked if they have contacted the relevant court for instructions whether or not to confiscate the money. If this has not been done then Governors have discretion to refuse to accept prisoners from the police until the necessary action has been taken. Appropriations of money and their effect on release dates are considered in more detail in section 16.5 below. 16.2.2 Certificates of imprisonment (F986) must be completed in duplicate. One copy must be sent immediately to the Magistrates Court which issued the warrant, as notification that the prisoner is in custody. The second copy must be sent to the court when the term of the fine warrant has expired or the fine has been paid. 16.2.3 It is the responsibility of the receiving prison to find out from all prisoners whether or not they have other outstanding fines following committal. If so, then the prisoner must be allowed the facility of asking the court concerned to lodge the relevant warrants.

16.2.4 The Custody/ Discipline Office must liaise with the cashiers office to ensure that any funds received in respect of defaults at any stage are properly documented and accounted for. Receipt books must be scrutinised regularly to ensure that this is done.
16.2.5

Following payment of any fine, the cashier must send a cheque for the amount to the appropriate court, together with a note to the Clerk to the Justices for the payment of fines (F412) completed by the Discipline Office and one copy of the certificate of imprisonment (F986). Release dates

16.3

16.3.1 Early release for defaulters depends on whether they are serving an order for criminal or civil offences. A criminal defaulter serves a "term of imprisonment" which attracts release at the half way point for adult sentences of less than 12 months. Longer sentences attract release at the two thirds point. A civil defaulter is simply held in "detention" which means that most terms imposed for civil offences must be served in full, although the weekend release rules still apply. 16.3.2 Default terms, whether they are imposed for civil or criminal offences, may be single termed with other default terms but they cannot form part of any single term with non-default terms . Release dates must be calculated separately from any other custodial sentence to be served by the prisoner. 16.3.3 Failure to pay Legal Aid Costs should be on a specific warrant. 16.3.4 Those serving terms of 5 days or less whose release day falls over a weekend must be released on the Saturday rather than the Friday (as would normally happen in the case of someone serving a longer term) . 16.4 Consecutive terms

16.4.1 The date when a consecutive term begins will depend on the wording of the order of commitment, particularly if it is consecutive to a number of other sentences. If the words "consecutive to the total period being served" are used then the term imposed will start at the end of the final term to be served. Example 30 A prisoner is sentenced on 3 March to a fine of 3000 or 3 months in default. He then receives a consecutive lodged warrant of 1500 or 30 days, consecutive to the total period being served. Sentence 1 Term 92 days Sentence 2 Term 92 + 30 = 122 days ARD = 2 May SED = 2 July ARD = 17 April SED =2 June

16.4.2 If the words "consecutive to the term now being served" appear on a warrant, then the prison must determine the courts intention - i.e. whether the court wants the warrant to be added on to the end of the total term, or to the sentence actually being served at the time when the warrant was issued. The warrant would then be treated as being consecutive exclusively to that sentence, but concurrent to all others. Example 31 A prisoner is sentenced on 3 March to the following terms of imprisonment in default of payment of three fines: Amount 1250 250 1500 Period in Default 30 days 14 days consecutive 45 days consecutive

The breakdown of the period to be served on each sentence is as follows: Fine 1 Fine 2 Fine 3 3 March to 17 March 18 March to 24 March 25 March to 16 April

On 10 March a fine warrant for 14 days consecutive to the period then being served is received. This warrant arrived during the duration of Fine 1 and so is consecutive to the period relevant to that fine. It is concurrent with the period relevant to Fine 2 and comes into effect from 18 March. 16.5 Appropriations Confiscation of money in the prisoner's possession 16.5.1 Any monies that prisoners have in their possession when they arrive in prison must, as a general rule, be appropriated to help pay the monetary penalty imposed by the court if this advances the release date. Appropriation must take place on the day following the prisoner's reception into custody or, if received over a weekend, the following working day. Money must not be appropriated if the amount the prisoner possesses is not enough to advance the release date. 16.5.2 If representations are received from the prisoner then the Governor has discretion to decide whether appropriation should take place. If the Governor decides against appropriation then he or she should be satisfied - for example - that the funds do not belong to the prisoner or that undue hardship to the prisoner or his or her family would result. 16.5.3 Where an appropriation appears justified, the amount to be appropriated must be calculated together with the effect on the prisoner's release date. The prisoner must be informed of the amount taken and its effect on the release date. Calculation of appropriations

16.5.4

The formula given below must be used to arrive at a Daily Monetary Rate (DMR) for appropriations. Always round up to the nearest penny. Daily Monetary Rate (DMR) () = __Amount of original fine (Days in original sentence - 1)

16.5.5 The funds available divided by the DMR will then give the number of days to be deducted from the sentence. Example 32 A prisoner is received on 1 January on a warrant of 1500 or 30 days in default. Prisoner has 180 in possession. ARD = 15 days or 15 January SED = 30 days or 30 January DMR = 1500/(30 - 1) = 51.73 Days to be deducted = 180/51.73 = 3 days However, a three day reduction would leave 27 days as the total term to be served. This would give an odd number when divided by 2 to give the ARD. The prisoner would not benefit from the extra paid and so only 2 days must be paid for (i.e. 103.46). This gives amended release dates as follows: ARD = 14 days or 14 January SED = 28 days or 28 January 16.5.6 In the case of multiple concurrent fines, the one giving the latest release date must be used to calculate the daily rate applicable. Should the sum of money be such that other warrants come into consideration at some stage then it will necessary to amend the DMR accordingly.
16.5.7

In the case of multiple consecutive fines, the one with the lowest DMR must be used to calculate an appropriation, followed in sequence by the next lowest and so on, using the appropriate DMR on each warrant in sequence. The principle to be applied is that of the maximum benefit to the prisoner for the minimum outlay.

Example 33 A prisoner is received on 3 February with the following warrants: 30 days in default of payment of 1250, plus 28 days in default of payment of 800 concurrent The prisoner has 320 in his possession on reception. ARD = 17 February SED = 4 March DMR for Fine 1 = 1250/(30 - 1) = 43.11 The prisoner has sufficient funds to purchase at least 2 days in respect of Fine 1, which brings the other concurrent fine into the calculation. DMR for Fine 2 = 800/(28-1) = 29.63 Two days on Fine 1 purchased at a cost of 43.11 per day = 86.22 Funds left = 320.00 - 86.22 = 233.78 Composite DMR = 43.11 + 29.63 = 72.74 There is enough money to pay for three days, but this would leave 25 days to SED giving an ARD of 12.5 days rounded to 13 days. To benefit the prisoner, only 2 days must be paid for. The amount to be taken is therefore as follows: 43.11 x 2 = 86.22 72.74 x 2 = 145.48 This gives amended release dates as follows: ARD = 15 February SED = 28 February 16.6 Pay-outs Payment of fines during the term 16.6.1 A fine may be paid either in whole or in part at any time during the duration of the term of imprisonment. For prisoners serving terms in default of under twelve months, the formula to calculate the amount to be paid to secure immediate release is: Original Term - (Time served x 2) (Number of days in term -1) x Original fine

16.6.2 For prisoners serving terms in default of twelve months and over, the formula to calculate the amount to be paid to secure immediate release is:

Original term -(Time served x 1.5) x Original fine (Number of days in term -1) Original Term is the term imposed by the court prior to any reductions Original Fine is the balance outstanding when imprisonment was imposed, prior to any reductions Time Served is the period served in days prior to the fine being paid 16.6.3 If prisoners serving a default warrant want to part pay so that they are released on a Friday, the weekend must be included in the period actually served. Bank Holidays must be treated in a similar way and credited to the prisoner. 16.6.4 Note that prisoners serving a default term of 5 days or less, whose release date falls on a Sunday or who wish to be released on Friday will have to include the Saturday as a day to be paid for . 16.6.5 There must be no advantage to a prisoner in making payment at the prison rather than at the court. If a prisoner chooses to pay the fine on the day of reception then it must be paid in full irrespective of what day of the week that falls. 16.6.6 A calculation sheet for calculating pay-outs is at Annex H. 16.7 Acceptance of payment

16.7.1 Any money available to a prisoner (including private cash or earnings ) will be accepted in payment, as will any other money offered by any other person (not necessarily someone known to the prisoner). All payments must be in either UK currency or bankers draft (section 12.10 of the Finance Order, PSO 7500, refers). A prisoner may not refuse to allow another person to make payment: the money must be accepted and the prisoner discharged. Advice should be sought in cases in which the Governor considers that acceptance and the prisoners release might constitute a possible physical or moral danger to the prisoners welfare. 16.7.2 Where a prisoner's family, friends, or any other person are able to make payment on a prisoner's behalf but are unable, because of travelling difficulties, to reach the prison the Governor may allow such payments to be made at any other prison, police station or court in England or Wales. The only proviso must be that the other institution is willing to offer this facility . 16.8 Hours for the receipt of payment

16.8.1 Establishments must make arrangements to ensure that staff can receive payments on behalf of a prisoner during normal office hours. Payments may be made at other times as practical, provided there is a member of staff available who is competent to calculate the amount required. 16.8.2 Should a competent member of staff not be available to calculate the amount required to secure the early release of a prisoner. then the full amount required by the warrant may be accepted. In such cases, arrangements must be made to refund the excess to the person who made the payment as soon as this can be done. This provision does not apply to those committed in default of payment of community charge, council tax, or general rates. In these cases the amount required to secure release must be calculated exactly.

16.9

Additional days awarded

16.9.1 Additional days awarded (ADAs) during the duration of a default term will have an effect on the amount that a prisoner would have to pay to secure his or her release. 16.9.2 The formulae used to arrive at the amounts required to secure a prisoners early release are as set out in paragraphs 16.6.1 and 16.6.2 above. The effect of the imposition of ADAs is to extend the term to be served. ADAs will alter the amount required to secure release, by reducing the credit period allowed. Example 34 A prisoner is received on 17 June serving a fine of 3,660 or three months in default. ARD = 46 days or 1 August SED = 92 days or 16 September To pay out on day 8, 24 June: Period served = 8 + 8 = 16 days Amount required to secure release = (92 - 16)91 x 3,660 = 3,056.71

The prisoner is awarded 10 ADAs 28 June (a) To pay out on day 12, 28 June: Period served = 12 + 12 = 24 days Amount required to secure release = (92 - 24) 91 x 3,660 = 2,734.95 (b) To pay out on day 18, 4 July: Period served = 18 + 18 - 6 = 30 days Amount required to secure release = (92 - 30) 91 x 3,660 = 2,493.63 (c) To pay out on day 30, 16 July: Period served = 30 + 30 - 10 = 50 days Amount required to secure release = (92 - 50) 91 x 3,660 = 1,689.24 16.10 Costs of issue of warrant 16.10.1 Costs of issuing warrants imposed by a court must be paid in full and cannot be reduced by the term of imprisonment. These are generally nominal (say less than 1), although they are at the courts discretion. 16.10.2 Care must be taken to distinguish between Costs of Imposition, which are part of the fine and can be reduced by imprisonment, and Costs of Issue, which are not. These type of costs are most commonly found in Maintenance and Council Tax warrants. In cases in which it is not clear which type of costs are involved the prisoner should be given the benefit of the doubt. Example 35 A prisoner is sentenced to 1,500 or 30 days in default on 5 February and is received on the same day. Costs of 10 were imposed at the same time. The prisoner wishes to pay out after 5 days on 10 February. Period Served = 6+6 = 12 days Period to be paid for = 30 -12 = 18 days Amount required to secure release = (30 - 12) 29 x 1,500 = 931.04 + 10.00 = 941.04 The costs must be paid in full and are not open to being part paid. 16.11 Lodged warrants 16.11.1 A lodged warrant is a default warrant issued by a Magistrates Court, sometimes at a prisoners request, for offences committed and for which convictions were received prior to the imposition of the term being served.

16.11.2 Details of such a warrant must on receipt be entered into a permanent record kept by the Discipline/Custody office. This should show details of the committal and the date of receipt. 16.11.3 The prisoner must be given a copy of the warrant (clearly marked copy) and notified of any amendments to release dates. There is no need to lodge the warrant formally on the prisoner and the practice of physically lodging warrants on prisoners need not continue. 16.11.4 If a prisoner states that he or she is not the person named on the warrant then he or she should raise the matter with the court concerned. 16.11.5 Unless ordered otherwise, the default term will commence on the date that the order is signed by the court, or the date of reception in to custody (whichever is the later). The fact that the order might well not be received for several days by the Governor will not affect this. Should the prisoner not be in custody then the warrant must be returned to the court with a covering note. 16.11.6 A lodged warrant can be received in respect of either a remand prisoner or a sentenced prisoner. A lodged warrant received during a period of remand changes the prisoners status to that of a sentenced prisoner. The custodial part of the lodged warrant is not counted as remand time against any subsequent sentence. 16.12 Confiscation orders 16.12.1 Confiscation orders under the Drug Trafficking Act 1986 are made in the Crown Court in cases involving drug related offences. A Crown Court also has powers under section 71 of the Criminal Justice Act 1988 to impose confiscation orders on those convicted of other criminal offences. These are imposed if the court is satisfied that the person has derived benefit from the offence. 16.12.2 Although the order is made in the Crown Court, the case has to be remitted to the Magistrates Court that committed the prisoner for trial for the order to be enforced. The imposition of a warrant in default is a last resort, since the policy is to recover the funds rather than to have any prisoner serve an additional term. The prosecution may apply to the High Court for the appointment of a receiver to secure payment. 16.12.3 Confiscation orders are treated in precisely the same way as normal default warrants. Drug trafficking confiscation orders 16.12.4 Notification of such an order will be either by a Notice of Confiscation Order (Form 5018) or on the backing sheets (Form 5089) received from the Crown Court. 16.12.5 Should a consecutive warrant be received and the prisoner receive a recommendation for release on parole, then the prisoner must be notionally released on licence but retained in custody to serve the confiscation order unless the order is paid. In such circumstances establishments must ensure that the warrant is executed. Discretionary powers of Customs and Excise

16.12.6 Governors should be aware that Customs and Excise have the power, although it is rarely exercised, to release a prisoner prior to the expiration of his sentence. This power derives from section 152 (d) of the Customs and Excise Management Act 1979. Other confiscation orders 16.12.7 Confiscation orders under section 71 of the Criminal Justice Act 1988 are subject to a minimum of 10,000. The maximum is unlimited. Failure to pay is dealt with in the same way as drug trafficking confiscation orders. 16.13 Remaining liabilities 16.13.1 Prisoners must be advised that, even if they do not pay the money due, either in full or by part-payment, after serving the default term the unpaid sum or sums will no longer be regarded as outstanding. 16.13.2
16.13.3

Exceptions to this are default terms imposed for non-payment of: An affiliation order A maintenance order National Insurance contributions Income tax Any other tax or duty collected by the Inland Revenue or Customs and Excise A legal aid contribution Council tax. In these cases the debt will remain outstanding as a civil debt . Link back to Contents

Chapter 17 17.1 17.1.1

Civil prisoners

General remarks Civil prisoners are those who have been committed for contempt of court (the majority) or for various types of non-payment including: Maintenance arrears Legal Aid Contribution Orders Civil debt Council tax Recognizances to keep the peace or be of good behaviour Forfeiture of recognizance by a parent

17.1.2 Civil prisoners are also covered in the soon to be issued PSO, Unconvicted, Unsentenced and Civil Prisoners. 17.1.3 Civil prisoners have not been convicted of an offence and the sentencing warrant should not make any reference to a conviction (unless the prisoner has criminal convictions as well). Note that the types of non-payment considered in this Chapter do not include non payment of fines imposed in respect of criminal convictions, which is considered in Chapter 16. Terms served for civil offences are not reduced by police custody or remand time. 17.1.4 The table at Annex I summarises the early release arrangements for civil prisoners 17.2 Contempt

17.2.1 Terms of detention for contempt can be imposed by nearly all types of court. The Contempt of Court Act 1981 introduced maximum terms imposable for contempt, namely one month in a Magistrates Court and two years in a superior court. The courts may also impose a fine instead of, or in addition to, a period of imprisonment. This is unlimited in the case of a superior court, but up to a maximum of 2,500 in the case of a Magistrates Court. If a person is committed to prison for failure to pay a fine imposed for contempt, then the term imposed is treated in the same way as a term imposed for failure to pay a normal criminal fine. 17.2.2 The 1981 Act did not entirely remove the power of the courts to commit sine die (i.e. without specified limit) for contempt, which still exists for those involved in bankruptcy hearings. In the rare event that such a person is received with such an order, the advice of the helplines at Prison Service headquarters should be sought. 17.2.3 A number of organisations other than the courts have the power to commit for contempt, although such cases are rare. Should a Governor receive a person committed for contempt from an organisation other than a court then the advice of the helplines at headquarters should be sought. Custodial terms for contempt 17.2.4 The effect of section 51(1) of the Criminal Justice Act 1991 is that a term of detention for contempt is not a sentence of imprisonment for the purposes of Part II of the 1991 Act. This means that such a term cannot be aggregated to form a single term with any criminal sentence. It also means that any period spent on

remand for contempt does not reduce any subsequently imposed term of imprisonment. 17.2.5 A term imposed for contempt may be concurrent with or consecutive to any criminal term, but it cannot form part of any single term . 17.2.6 Early release arrangements for contemnors are provided for by section 45 of the 1991 Act. Release dates for those serving a term for contempt must be calculated according to the following general principles: (i) . (ii) (iii) (iv) Those serving a term for contempt are in general all entitled to early release The release will be unconditional . Those serving a term of less than 12 months will be released at the half way point and those serving between 12 - 24 months at the two thirds point . Those serving terms of 5 days or less whose release day falls over a weekend will be released on the Saturday rather than the Friday (as would normally happen in the case of someone serving a longer term) .

17.2.7 Terms for contempt are normally imposed in months or years. However, courts can and do impose a term requiring the release of a prisoner on a particular date. Such cases - which are likely to be rare - should be referred to the helplines at Prison Service headquarters for advice. 17.2.8 There is a right of appeal for terms imposed for contempt in all courts, following the same lines as those which apply in the case of criminal offences. 17.2.9 If there is any doubt or ambiguity about the calculation of release dates in cases of contempt then the advice of Prison Service headquarters should be sought at the earliest opportunity. Contempt and Young Persons 17.2.10 There is no power to commit those persons under the age of 17 years for contempt. The same powers to commit for contempt exist for those between 17 - 21 years old as for adults. 17.3 Non-payment Custodial terms for non payment 17.3.1 Custodial terms for non-payment, like those for contempt, are not sentences of imprisonment and cannot be aggregated to form a single term. Any period spent on remand for non payment does not reduce any subsequently imposed term of imprisonment. 17.3.2 The following general principles apply to prisoners committed for non payment: (i) They will not be released early and will serve their terms in full (since they do not come within the ambit of section 45(1) of the 1991 Act and there are

therefore no early release provisions for them). The only exception is if the release date falls at a weekend or over a Bank Holiday, in which case the prisoner will be released on the preceding Friday. (ii) Those serving terms of 5 days or less whose release day falls over a weekend will be released on the Saturday rather than the Friday (as would normally happen in the case of someone serving a longer term) . 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.

(iii) (iv) (v)

17.3.3 Points to note in relation to specific types of non-payment are set out in paragraphs 17.3.4 to 17.3.11 below. Maintenance Orders 17.3.4 Maintenance orders are defined in Schedule 8 to the Administration of Justice Act 1970. A person who has failed to make the payments ordered by the supervising court in this respect will be liable to imprisonment. He or she will be required to serve the full term imposed by the court and will be released unconditionally. 17.3.5 The maximum term imposable is 42 days in respect of each set of arrears. Courts have on occasion imposed consecutive separate penalties in respect of different arrears resulting in a total period of imprisonment exceeding the 42 days limit. Such cases should be referred to Prison Service headquarters for advice. 17.3.6 No further arrears will normally accrue while the person is in custody, unless the court exceptionally orders otherwise. Civil debt 17.3.7 Section 12 of the Administration of Justice Act 1970 restricts the powers of the courts to commit for civil debt (under the Debtors Act 1869) to the following cases: (i) (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 made there. By a County or Magistrates Court in respect of the following: (a) (b) (c) Failure to pay income tax Failure to pay National Insurance contributions Failure to pay redundancy fund contributions

17.3.8 The limit of 42 days on the period of imprisonment applies in such cases and the amount can be part paid to secure release. There is no early release other than by payment to expunge the debt. Council Tax 17.3.9 Committal for failure to pay council tax (or water rates) is subject to a maximum penalty of 3 months. There are a number of differences between this type of order and those for civil debt as set out above: A court may not commit a person under 21 years for non payment of council tax. A court may not impose a consecutive term of imprisonment even when there exists more than one series of arrears. There is a minimum term imposable of 5 days. Section 80(2) of the Magistrates Court Act 1980 appears not to apply in such cases. This is the power to appropriate money in the possession of the prisoner on reception in order to advance his or her release date. The prisoner can nevertheless formally apply to have such funds used for this purpose.

Recognizances to keep the peace or be of good behaviour 17.3.10 Under section 115 of the Magistrates Courts Act 1980, a person may be ordered to enter into a recognizance (with or without sureties) to keep the peace, to be of good behaviour or both. A person has to consent to be bound over in this way. This power is only exercisable by a Magistrates Court and may not be applied to persons under 21 years of age (although those aged 17-21 can be dealt with under the contempt provisions). Someone who fails to comply with the order, or who fails to enter into the recognizance (i.e. who does not consent, or who fails to provide any surety required, may be committed to custody for a maximum term of 6 months or until the person complies. Release dates for such committals are calculated in the same way as in the case of committals for contempt, i.e. according to the principles set out in paragraph 7 above. 17.3.11 Under section 120 of the 1980 Act, a recognizance to keep the peace or be of good behaviour can be forfeited and the person bound by it required to pay the sum in which he or she is bound. Any such sum is applied as if it were a fine and as if the adjudication were a summary conviction for an offence not punishable by imprisonment. Failure to pay the sum is therefore treated in the same way as failure to pay a fine for a criminal conviction. Terms of imprisonment in default are considered in Chapter 16.

17.4

Additional Days

17.4.1 Although civil prisoners are not serving sentences of imprisonment, the provisions of section 42 of the 1991 Act nevertheless still apply. This provides for the powers in the Prison Rules to award further periods in custody for offences against the code of discipline. The effect of such awards will be to defer the actual date of release but not the expiry date of sentence. Link back to Contents

CHAPTER 18

CJA 2003

SENTENCE CALCULATION GUIDANCE

Order ref. 6650.

Page 1

CHAPTER 18: CJA 2003 - Determinate sentences of 12 months and over and extended sentences for dangerous offenders General remarks 18.1.1 The Criminal Justice Act 2003 (CJA2003) introduces two new types of sentence for dangerous offenders - a determinate extended sentence and an indeterminate sentence for public protection, as well as introducing new release provisions for determinate sentences of 12 months or more.
18.1.2 The provisions of the CJA2003 will be applied to sentences passed for offences

committed on or after 4 April 2005. Where the offence is committed between two dates, the later date will be the effective date the offence was committed. 18.1.3 Sentences of less than 12 months imposed for offences committed on or after 4 April 05 (with the exception of those sentenced to a period of Section 91 for less than 12 months see Para 18.1.5 for how to treat), will continue to be calculated in accordance with the release provisions of the Criminal Justice Act 1991 (the previous chapters of this PSO), until the implementation of Custody Plus. However, when imposing the sentence, the court will make a direction as to what remand time is to be taken into account. Further guidance about custody plus will be issued nearer to its implementation. 18.1.4 This chapter deals primarily with the calculation of determinate sentences of 12 months and over and extended sentences for dangerous offenders in accordance with the release provisions of CJA2003. 18.1.5 Under the CJA 2003, prisoners sentenced to a determinate sentence, DYOI of 12 months and over, or a period of Section 91 of over 12 months, for offences committed on or after 4 April 2005, will be conditionally released at the half-way point of the sentence, on licence to the end of the sentence (SLED Sentence and Licence Expiry Date). 18.1.6 Sentences will not be single-termed. Concurrent sentences will run in parallel, with each sentence having its own CRD and SLED. Actual release will not take place until the latest conditional release date. Release will be on licence to the latest SLED.

18.1.7 A sentence begins on the date of imposition by the court. It can never commence on a date prior to imposition. However, a court may direct that it commence at the end of an existing sentence (i.e. consecutively), providing the prisoner has not been released from the existing sentence at the time that the further sentence is passed.
18.1.8 Release dates must always be calculated in days. Sentences expressed in any other

terms will have to be converted to days.


18.1.9 The courts will direct the number of days remand time to be credited to the sentence.

The remand time will reduce the overall length of the sentence and the number of days to the conditional release dates . Police custody will not apply to prisoners whose offences were committed on or after 4 April 05 under CJA2003.
18.1.10 Unlike prisoners released under the provisions of Part II of the Criminal Justice Act 1991,

prisoners released from a sentence under the provisions or CJA 2003 will not be at risk. This will mean that the penalty of Section 116 of the Powers of Criminal Courts (sentencing) Act 2000 will not apply. CJA2003 prisoners will be released on licence to the end of the sentence. 18.1.11 Prisoners released under the provisions of CJA 2003 who have their licence revoked will be re-released on the earliest of either; a date approved by the Parole Board, or the SLED.
Issue number 157 issue date 23 October 2002

Order ref. 6650

page 2

Calculating a single determinate sentence of 12 months and over 18.2.1 All determinate sentences (except extended sentences) of 12 months and over will have a Conditional Release Date (CRD) at the half-way point of their sentence and a Sentence and Licence Expiry Date (SLED) at the end of the sentence.

18.2.2 All sentences are calculated from the date of imposition unless the court directs that they are consecutive. 18.2.3 Convert the length of the sentence into days
Example 1

CRD = = A B

SLED

Total number of days in the sentence Total relevant remand time ordered by the court

To calculate the number of days to the SLED, deduct relevant remand time from the number of days in the sentence to give the actual term in days So actual term (C) = A B The SLED is that number of days (C) from the date of sentence

To calculate the number of days to the CRD (Half-way point of the sentence), divide the total number of days in the sentence (A) by 2, rounding down fractions, and deduct that figure from the actual term (C). So number of days to CRD = C (of A) The CRD is that number of days from the date of sentence.

ces of 12 months and over 18.3.1 Concurrent sentences There is no single term. Where concurrent sentences are passed on the same occasion, the longest of the sentences imposed will determine the effective release dates. Where concurrent sentences are passed on different occasions, each concurrent sentence must be calculated individually and the prisoner must not be released until s/he is required to be released in respect of each sentence (i.e. latest CRD adopted). The prisoner will be released on licence to the latest SLED. 18.3.2 A calculation sheet for the calculation of the release dates for concurrent CJA03 sentences of 12 months and over is at Annex i.

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 3

Example 2 concurrent sentences imposed on the same occasion S1 S2 S3 CRD3 CRD1 CRD2 SLED3 SLED1 SLED2

The prisoner is not entitled to be released until CRD2. S2 provides the latest SLED and so release on licence will take place at CRD2 to SLED2. Example 3 concurrent sentences imposed on different occasions

S1 S2

CRD1 CRD2 S3 CRD3

SLED1 SLED2 SLED

The prisoner is not entitled to be released until CRD2/CRD3. S2 provides the latest SLED and so the prisoner will be released at CRD2/3 on licence to SLED2. Example 4 Prisoner receives:Sentence 1 Sentence 2 Sentence 3 2 years on 18/05/05 18 months concurrent on 27/03/06 12 months concurrent on 05/08/06

Sentence 1: CRD of 17/05/06 with a SLED of 17/05/07 Sentence 2: CRD of 26/12/06 with a SLED of 26/09/07 Sentence 3: CRD of 03/02/07 with a SLED of 04/08/07
18/05/05 27/03/06 17/05/06 05/08/06 26/12/06 03/02/07 17/05/07 04/08/07 26/09/07

2 yrs S1 CRD 18 months S2 CRD 12 mos S3 CRD SLED SLED SLED

Release will take place on 03/02/07 the latest CRD. Release will be on licence to 26/09/07 the SLED of sentence 2 Example 5
Issue number 157 issue date 23 October 2002

Order ref. 6650

page 4

Prisoner receives: Sentence 1 Sentence 2 Sentence 3 6 years on 30/06/05 4 years concurrent on 30/06/05 5 years concurrent on 15/01/08

Sentence 1: CRD of 29/06/08 with a SLED of 29/06/2011 Sentence 2: CRD of 30/06/07 with a SLED of 29/06/09 Sentence 3: CRD of 16/07/2010 with a SLED of 14/01/2013
30/06/05 30/06/07 15/01/08 29/06/08 29/06/09 16/07/2010 29/06/2011 14/01/2013

6 years S1 4 years S2 CRD CRD 5 years S3 CRD SLED SLED SLED

Release will take place on 16/07/2010 the latest CRD on licence to 14/01/2013 18.3.3 Consecutive sentences 18.3.3.1 Sentences that are ordered to be served consecutively are aggregated for the purposes of calculation of release dates. The total number of days in the aggregated sentences effects the SLED, the half-way point of which provides the CRD. For example two consecutive sentences of 4 years, result in an aggregate and SLED of 8 years from date of sentence and a CRD of 4 years from date of sentence. 18.3.3.2 The aggregate approach applies for those sentences imposed on the same day and for those imposed on different days, providing the prisoner has not been released from the custodial part of the earlier sentence, before the second sentence is passed and providing the warrant/order of imprisonment clearly specifies that the sentences are consecutive.
18.3.3.3

Care must be taken to correctly interpret the precise intention of the court. The warrant/order of imprisonment should clearly indicate whether the new sentence is consecutive to the TOTAL term of imprisonment to which the prisoner is already subject, or whether the new sentence is consecutive to a PARTICULAR sentence within the total term of imprisonment. If it is not clear, confirmation must be sought from the court and where appropriate, a new warrant obtained.

Example 6 A prisoner has two cases for which sentences are passed on separate occasions: CASE 1 sentenced on 23/09/05 to Count 1 2 years Count 2 18 months concurrent to count 1 Count 3 12 months consecutive to count 2

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 5

CASE 2 sentenced on 15/11/05 to Count 1 12 months consecutive to PRESENT sentence being Served Case 1 would provide a dominant aggregate of 30 months. When case 2 is imposed, the (individual) present sentence being served is the 2 years and the 18 months from case 1 (the notional release date of the 2 years would be 10/06/06, and of the 18 months would be 22/06/06, which are both after the date of sentence of case 2 hence the prisoner has not started to serve the custodial part of the consecutive 12 months from case 1). Therefore, the 12 months from case 2 must be consecutive to the 2 years, making a new aggregate of 3 years.
2 years count1 18 months c/c to C1 count 2 12 mos c/s to C2 count 3 12 mos c/s to P/S S2

18.3.3.4 A calculation sheet for the calculation of the release dates for consecutive CJA03 sentences where each sentence is of 12 months or more is at Annex i. Example 7 Prisoner receives: Sentence 1 Sentence 2 4 years on 12/08/05 4 years on 02/10/05 ordered to be consecutive to Sentence 1

Sentence 1: CRD of 12/08/07 with a SLED of 11/08/09 But when sentence 2 is imposed an aggregate of 8 years is formed, calculated from the date of the first sentence 12/08/05 effecting a CRD of 11/08/09 with a SLED of 11/08/2013

Example 8
Prisoner receives: Sentence 1 4 years on 11/05/05 Sentence 2 6 years on 11/05/05 concurrent to 4 years Sentence 3 2 years on 20/09/06 consecutive to 4 years
11/05/05 4 years S1 6 years concurrent to S1 S2 2 years consecutive to S1 S3

Sentence 1: CRD of 11/05/07 with a SLED of 10/05/09 Sentence 2: CRD of 10/05/08 with a SLED 10/05/2011

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 6

But when sentence 3 is imposed an aggregate of 6 years is formed with sentence 1 calculated from date of first sentence 11/05/05 CRD of 10/05/08 with a SLED of 10/05/2011 This new calculation is a mirror image of Sentence 2 and so the CRD 10/05/08 and SLED 10/05/2011 are adopted. Example 9 Prisoner receives: Sentence 1 Sentence 2 Sentence 3 18 months on 15/03/06 4 years on 08/04/06concurrent to S1 4 years on 09/12/06 consecutive to S1

Sentence 1: CRD of 14/12/06 with a SLED of 14/09/07 Sentence 2:CRD of 07/04/08 with a SLED of 07/04/2010 When sentence 3 is imposed an aggregate of 5 and a half years is formed with sentence 1 calculated from date of first sentence 15/03/06 CRD of 13/12/08 with a SLED of 14/09/2011 The aggregated term of sentence 1 and sentence 3 effects the latest CRD and has the longest licence period. Therefore, these become the effective release dates.
15/03/06 08/04/06 07/04/08 13/12/2008 07/04/2010 14/09/2011

18 mos + 4 years consec S1 + S3 4 years conc to 18 mos S2 CRD SLED CRD SLED

Example 10 Prisoner receives: Sentence 1 Sentence 2 Sentence 3 6 years on 15/03/06 18 months on 06/08/08 concurrent to sentence 1 2 years on 26/04/09 consecutive to sentence 2

Sentence 1: CRD of 14/03/09 with a SLED of 14/03/2012 Sentence 2: CRD of 07/05/09 with a SLED of 05/02/2010 When sentence 3 is imposed consecutive to sentence 2, an aggregate of 3 and a half years is created calculated from 06/08/08 effecting release dates of: CRD of 07/05/2010 with a SLED of 05/02/2012

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 7

The latest CRD is that of the aggregated term (3 and a half years) 07/05/2010, but the latest SLED is that of sentence 1. Therefore, release will take place on 07/05/2010 on licence to 14/03/2012.
15/03/06 6 years S1 CRD 18 months + 2 years S2 +S3 CRD SLED SLED 06/08/08 14/03/09 07/05/2010 05/02/2012 14/03/2012

18.4 18.4.1

Remand time

The court, when passing a sentence, will direct how much remand time must be taken into account against the sentence. However, the prison service must provide the court with the details of remand applicable to each offence, The proforma ANNEX J must be used to record remand time and must accompany the Prisoner Escort Report (PER) form each time a prisoner attends court.

18.4.1.1 Where there is shared remand time, and release has taken place from the earlier sentence where the Prison Service have already applied shared remand time, the court should not direct the same period of remand to count towards a subsequent sentence imposed. 18.4.1.2 Where there is shared remand time and release has not taken place from an earlier sentence where remand time has already been taken into account by the Prison Service, the court may make a direction that the shared remand time should count towards the sentence it imposes. 18.4.1.3 Credit for periods of remand on bail Where a Court sentences an offender on or after 3 November 2008, they will have the authority to direct that all, some, or none of the time the offender has spent on bail on or after 3 November 2008 in accordance with Section 3(6ZAA) of the Bail Act 1976, whilst subject to an electronically monitored curfew of at least nine hours per day, will count against the sentence they are imposing. The credit may be directed to count towards a sentence that is subject to the release provisions of either the CJA03 or CJA91, irrespective of the date the offence was committed. The direction will appear on the Order of Imprisonment under a separate section to that where the number of days remand to custody is directed in accordance with Section 240 of the CJA03. When calculating sentences, the number of days bail time directed by the court must be treated in the same way as remand to custody under Section 240 of CJA03. All references in Chapter 18 as to how remand is taken in to account against sentence(s) must be taken as meaning both remand to custody and remand on bail that is directed by the court. Where prisons have the authority for crediting remand time towards sentences imposed for offences committed prior to 4 April 2005, any curfewed bail credit directed by the court must also be allowed against the sentence imposed.

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 8

There are no checks that prisons can make on the number of days of bail credit directed by the court. The figure on the Order of Imprisonment must simply be accepted and taken into account when calculating the sentence. Should prisoners disagree with the number of days of tagged bail directed to count by the Court, they should pursue the matter with the Court through the usual appeal channels LIDS The number of days spent on remand on bail that have been directed by the court to count towards the sentence must be added to any days spent on remand to custody that have been directed and included in the total entered in the remand time field in the date screen on LIDS.
(Paragraph 18.4.1.3 added 18/11/08 in accordance with PSI 42/2008)

18.4.2

Concurrent sentences

18.4.2.1 Where there are multiple wholly concurrent, or concurrent and overlapping sentences, the court may direct a total period of time to count comprising any remand relevant to any of the concurrent/overlapping sentences, providing that a period is not counted more than once. The remand time directed will reduce the latest CRD and SLED from the individual sentences.

Example 11
A Rx B C Rx B Rx B Sentence 3 B Sentence 2 Sentence 1

When imposing sentences 1 and 2, the court may direct that remand periods A and C must be counted. The prison service would apply the total remand directed to the CRD and SLED of sentence 2 (these would be later than those produced by sentence 1). When sentence 3 is imposed, the prisoner has not been released from the earlier sentences and so the sentences are concurrent and overlapping. Therefore, the court may direct that periods A, B and C must be counted. The Prison Service would apply the total time directed to the CRD and SLED of sentence 2, as this would still provide the latest dates of the three individual sentences imposed. Example 12 A
Rx B Sentence 1

B Rx

Sentence 2

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 9

The court may direct a maximum of the total number of days in remand period A to be credited when sentence 1 is imposed. Remand period B is shared with remand period A. Therefore when sentence 2 is imposed concurrent to sentence 1, the court cannot direct that any additional remand time to period A be credited. Crediting remand time B in addition to all of remand time A would mean that period B had been credited twice. Example 13 A court imposes a 6 year sentence on 12 February 2006. The Prison Service have advised the court (using the proforma at ANNEX J) that remand time relevant to the offence is from 26 January 2006 to 11 February 2006. At the same time, the court impose a sentence of 7 years concurrent. Proforma ANNEX J provided by the Prison Service advised that remand time relevant to the offence is from 26 January 2006 to 6 February 2006. On 21 October 2006, the court impose a further sentence of 2 years concurrent for which the court are informed that the relevant remand time is from 5 January 2006 to19 January 2006.
05/01/06 19/01/06 26/01/06 07/02/06 12/02/06 6 YEARS S 7 YEARS B S 2 YEARS B S 21/10/06

PERIOD A RX PERIOD B RX PERIOD C RX

When the sentences are passed on 12 February 2006, the 7 year sentence effects the latest CRD and SLED. The court may direct that any remand time relevant to either of the sentences be taken into account. The total directed time would reduce the CRD and SLED of the 7 year sentence. The maximum the court may direct is the total period of A, because period B is served at the same time as period A and a period of remand time can only be counted. When the court impose the 2 year sentence release has not taken place from the earlier sentences and so the court may direct that Period A and Period C must be counted towards the sentences. The 7 year sentence still effects the latest CRD and SLED and they will be reduced by Periods A and C. 12 February 2006 to 11 February 2013 Remand: 05/01/06 to 19/01/06 = 26/01/06 to 11/02/06 = Days to SLED 2557 32 = Days to CRD 2525 (2557 2)= 18.4.3 Consecutive sentences = 15) 17) 2525 1247 = = = 2557 32 10/01/2013 12/07/2009

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 10

18.4.3.1 Any remand time directed by the court must reduce the aggregate sentence length and the aggregate custodial period. The court must not direct that a period of remand time be counted more than once Example 14
A Rx B B Rx S1 4 years consecutive S2 6 years

The court may direct that remand periods A and B reduce the 10 year aggregate sentence and consequently, the custodial period of 5 years. Example 15 A prisoner receives a 4 year sentence on 15 March 2006. The court direct that there are 60 relevant remand days before the offender was bailed pending sentencing. Subsequently, a 2 year sentence is imposed on 10 May 2006, ordered to be consecutive to the total term of imprisonment to which the defendant is already subject. The court direct that there are 30 relevant remand days (that occurred after the date of bail from the 60 remand days above, but prior to the first date of sentence.
Period A Rx B Period B Rx B S S 2 Years Consecutive 4 Years

The court order that remand period A and B should count. These periods will reduce the aggregate 6 year sentence. Aggregate sentence 15/03/2006 to 14/03/2012 Relevant remand is 60 days + 30 days Days to SLED 2192 90 2102 days reckoned from date of first sentence Days to CRD 2102 (2192 2) 1006 days reckoned from date of first sentence Example 16 A prisoner receives a 3 year sentence on 29 June 2005 and 15 months consecutive. He was on remand for offences in relation to both sentences from 20 March 05 to 29 June 05. 20/03/05 29/06/05 Period A 3 Years = 2192 days = 90 days = 2102 days = 15/12/2011 = 1006 days =14/12/2008

Period B
Issue number 157

15 months consecutive
issue date 23 October 2002

Order ref. 6650

page 11

Total effective sentence length is the aggregate of the two sentences = 4 years 3 months. The court may direct a maximum number of days remand equal to period A to count towards the aggregate because a period of remand time may only count once and period B was at the same time as period A. Aggregate sentence 29/06/05 to 28/09/09 Court directed remand time Days to SLED 1553 101 days 1452 days from 29 June 05 Days to CRD 1452 (1553 / 2) 676 days from 29/06/05 18.5 Revocation of licence = 1553 days = 101 days = 1452 days = 19/06/09 = 676 days = 05/05/07

18.5.1 Recall under Section 254 Criminal Justice Act 2003 breach of licence conditions

18.5.1.1

Once a prisoner has been released on licence at the CRD (half way point of the sentence), or released on HDC and is subsequently recalled under this section, the case will be submitted to the parole board. They will either set a further review date, or specify a re-release date. If a re-release date is set, release must take place on that date, on the extant licence to the SLED. In the event of the parole board not directing re-release before the SLED arrives, release must take place unconditionally at the SLED. (for more information about recalls see - insert hyperlink to ERRS PSI)

18.5.1.2

18.5.1.3 Where a prisoner is not returned to prison on the date that the licence is revoked and s/he is recalled to prison, s/he will be deemed to be UAL from the time of the revocation to the time of arrest. Section 18.6 of this guidance explains how UAL affects the calculations.

18.5.2

Recall under Section 255 Criminal Justice Act 2003 breach of Home Detention Curfew HDC Where an offender is in breach of the HDC licence, the Early Release and Recall section (ERRS) may revoke the licence under section 255 of the Criminal Justice Act 2003, the offender must be returned to prison to serve until the CRD. Re-release will take place on licence to the SLED. (for more information about recalls see PSO 6000 000)

18.5.2.1

18.5.2.2 If the offender does not return to prison on the day that the licence is revoked, s/he will be UAL from the time of the revocation to the time of arrest. Section 18.6 of this guidance explains how UAL affects the calculations. 18.6 18.6.1 Calculating unlawfully at large time UAL If a prisoner is not in custody when required to be, s/he is deemed to be unlawfully at large (UAL). The period of absence, whilst s/he is UAL, will not be treated as part of the
issue date 23 October 2002

Issue number 157

Order ref. 6650

page 12

sentence served, unless the Home Secretary directs that it should. The sentence is, in effect, frozen at the point that the prisoner is UAL.

18.6.2
18.6.3

The period of UAL must extend ALL release dates, including the SLED. The calculation will be carried out once the prisoner is returned to custody. The first day of UAL to be counted, for calculation purposes will be the day after the escape, ROTL failure, or day of licence revocation. The last day of UAL to be counted will be the day before arrest/return to custody.

Example 17 Prisoner is released on ROTL on 5/08/05 and is due to return on 09/08/05. S/He fails to return and is arrested on 12/09/05. UAL to count will be 33 days 10/08/05 to 11/09/05 inclusive. Therefore, the CRD and SLED will be extended by 33 days 18.6.4 Effect of UAL on consecutive sentences

18.6.4.1 If a prisoner has been UAL and subsequently receives a consecutive sentence, the sentence will be calculated in the normal way, by aggregating the two sentences and calculating release dates from the date of the first sentence. The release dates will be extended by the UAL period. 18.6.5 Effect of UAL on concurrent sentences

18.6.5.1 UAL will extend all the release dates of the individual sentences and consequently, the adopted latest CRD, or PED and SLED. 18.7 18.7.1 18.7.2 Added days awarded - ADAs Added days awarded by an independent adjudicator will extend the CRD only. They will not extend the SLED. In the case of extended sentences for dangerous offenders Added Days Awarded will extend the CRD (also known as the custodial end date) and PED only. They will not extend the SLED. Where a licence has been revoked under Section 254 and the parole board have not set a re-release date, notification of the ADAs must be forwarded to the parole board for them to consider at the next scheduled review hearing. If a re-release date has already been set by the parole board that is earlier than the SLED, the ADAs will extend the set re-release date. Appeals

18.7.3

18.8

18.8.1 Where the court dismisses the appeal, or re-imposes the same sentence, there is no need to amend the calculations already in place.

18.8.2 18.8.3

Where the Crown Court imposes a different sentence from that imposed by the lower court, new release dates must be calculated from the date of the Crown Court hearing, taking into account any court direction in relation to remand time. Unless the appeal court states otherwise, the number of days already served from the original sentence, must be deducted from the effective sentence length and the custodial part of the new specified sentence. The appropriate SLED and CRD can then be calculated.
issue date 23 October 2002

Issue number 157

Order ref. 6650

page 13

18.8.4
18.9

Where the Court of Appeal (COACD) varies a sentence, the sentence must be calculated from the original Crown Court date and not the COACD date, unless the court specifies differently.

Interaction with other types of sentence

18.9.1 Interaction with sentences in existence prior to CJA03 implementation 18.9.1.1 The calculation of previous sentences imposed prior to the implementation of CJA03 will remain unchanged. Any sentence, of 12 months and over, imposed for offences committed on or after 04/04/05 will NOT be single termed with the earlier sentences, but will run in parallel and will have its own release dates calculated.

18.9.1.2

Release must not take place until the latest release date from each sentence has been reached.

18.9.1.3 Release will be on licence to the latest of either the LED of the earlier sentence or the SLED of the new sentence. 18.9.1.4 Where there is shared remand time between sentences for offences committed on or after 04/04/05 (new sentences) and sentences for offences committed prior to 04/04/05 (old sentences), providing there has been no release from the old sentence before the new sentence is imposed, the court should order a period of shared remand that may have been taken into account by the prison service against the old sentence to be taken into account against the new sentence. Example 18
29/12/04 30/12/04 O/C Rx 09/02/05 B O/C 10/04/05 11/04/05 Rx Rx 29/06/05 27/07/05 2 years C S1 S2 18 months concurrent

On 27/07/05 the court would make a remand direction in relation to remand period C to count against the 18 months sentence imposed as no release had taken place from the 2 years sentence before the 18 months was imposed. The prison service would apply remand time periods A and B against the 2 year term imposed on 29/06/05. 18.9.1.5 Similarly, where an old sentence is imposed after a new sentence before release has taken place, any shared remand time that the court directed to count towards the new sentence may be applied as section 67 time by the Prison Service against the old sentence. 18.9.1.6 Where release has taken place before the subsequent sentence is imposed, any shared remand time prior to the earlier sentence cannot be applied to the subsequent sentence either by the Prison Service or by court direction. Example 19
A 27/05/04 30/05/04 18/07/04 B 05/05/05 06/05/05 20/05/05 19/07/05 05/05/06 03/09/06 12 months

Issue number 157

issue date 23 October 2002

Order ref. 6650


o/c Rx B O/c Rx C Rx B S 2 years CRD S

page 14

When the court impose the 2 year sentence on 19/07/05, they will make a direction for remand period C to count against that sentence. When the prison service calculate the 12 months sentence imposed on 3/09/06 only period A may be applied. Period B was swallowed up by period C that has already been taken into account against a sentence from which release has taken place before the imposition of the 12 months. Once release has taken place, shared remand time becomes dead time. 18.10 Interaction with under 12 month sentences for offences committed on or after 04/04/05 Where a court imposes an overall sentence, comprising multiple sentences, for offences committed on or after 04/04/05, where the sentences are a mixture of 12 months and over and under 12 months, the individual sentences must be separated. The under 12 months sentences will be calculated under the release provisions of CJA1991 in that they will be single termed, but the sentences of 12 months and over will fall to be calculated in accordance with the release provisions of CJA 2003 in that they will be parallel to the under 12 month single terms and the release dates of each sentence compared with the latest release dates adopted. 18.10.1 Where there are multiple under 12 month sentences that combine to make a single term of 12 months or over, the release provisions of CJA1991 will still apply. Example 20
12/11/04 13/02/05 06/04/05 15/05/05 16/05/05 O/C O/C O/C O/C RX Rx Rx Rx Period A Period B Period C Period D 19/08/05 S1 S2 S3 S4 2 years 18 mos conc to S1 6 mos consec to S1 12 mos conc to S1

Even though S3 is for an offence committed after 04/04/05, the individual sentence is for less than 12 months. Therefore, it falls to be treated as an old sentence and is single termed with S1 and S2 and calculated in accordance with CJA1991 provisions. The 12 months imposed as S4 is calculated under the provision of CJA03 and the release dates from the two schemes compared. The later dates produced by the two schemes become the effective release dates. S1 to S3 make a single term of 2 years 6 months to which the prison service will apply remand period, (Periods B & C are swallowed up by period A), effecting release dates of: SED 15/11/07 CRD 15/08/06 LED 01/04/07 The Judge will direct that remand period D is to count towards the 12 months of S4 effecting release dates of: SLED 15/05/06 CRD 14/11/05 The 2 years 6 months effects the latest release dates and so become the effective release dates.

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 15

18.11 18.11.1

Interaction with lodged warrants/fines Unless ordered otherwise, the default term will commence on the date that the warrant/order is signed by the court, or the date of reception into custody (whichever is the later). The fact that the Governor might not receive the order for several days will not affect this. In the event that the prisoner is not in custody, the warrant must be returned to the court with an explanatory note. A lodged warrant can be received in respect of either a remand prisoner or a sentenced prisoner. A lodged warrant received during a period of remand changes the prisoners status to that of a sentenced prisoner. Any subsequent sentencing court must be advised (using proforma ANNEX J) of the custodial part of the fine and the period of remand it affected. A concurrent lodged warrant received during the currency of the custodial part of a sentence will run in parallel. A consecutive lodged warrant will commence the day after the CRD of the earlier sentence, thereby deferring the actual date of release. It will NOT affect the SLED. Where there is a consecutive lodged warrant/fine in existence and the prisoner is granted HDC, the CRD will be amended to that without the default term and the default term will be recalculated from the day after the approved HDC date. If the recalculated release date effects an HDC period of less than 14 days, the prisoner becomes ineligible for HDC and the calculation is put back to the default term being served from the day after the CRD.

18.11.2

18.11.3 18.11.4 18.11.5

18.11.6 Where there is a consecutive lodged warrant/fine in existence and the prisoner is granted parole, the default term will be recalculated from the day after the approved parole date and the NPD amended to that without the default term. Once the default term has been served after the approved parole date, release on parole can take place. 18.12 Interaction with a Detention and Training Order (DTO) It is possible for an offender to be subject to both a DTO and a sentence of imprisonment at the same time. The two terms may be concurrent and overlapping, concurrent, or the sentence of imprisonment may be ordered to be consecutive to the DTO. The two terms will be calculated separately, effecting their own release dates. The latest release dates will be adopted.

18.12.1

18.12.2 DTO followed by sentence of imprisonment If an offender currently serving a DTO in custody receives a sentence of imprisonment, the latter is treated as beginning either on the day it is passed or, if the court orders it to be served consecutively, on the day after the offender would otherwise have been released from the DTO (i.e. the day after the mid term date, or early release date). 18.12.3 Sentence of imprisonment imposed during the licence period of a DTO If an offender receives a sentence of imprisonment during the licence period of the DTO, the sentence must begin on the day that it was passed by the court and will run parallel to the licence period of the DTO. 18.12.4 DTO recall/re-detention followed by sentence of imprisonment Where the court order the sentence to be consecutive to a period of recall/re-detention, the sentence must be calculated from the day after the release date of the period of recall/re-detention. If the court do not specify that the sentence is consecutive, it must
Issue number 157 issue date 23 October 2002

Order ref. 6650

page 16

be calculated from the date of imposition and will run parallel to the period of DTO recall/re-detention. The latest release dates will be adopted. 18.12.5 Sentence of imprisonment followed by a DTO Such cases are likely to be rare, but the DTO will commence on the day that it is passed, or if the court orders it to be served consecutively, on the day after the offender would otherwise have been released from the sentence

18.13

Extended sentences for Public Protection imposed Post CJA03

18.13.1 tAn extended sentence for Public Protection (ESPP) will be imposed if a sexual, or violent offender is assessed by the Court as posing a significant risk to the public and the offence committed carries a maximum penalty of less than 10 years, where the sentence imposed is at least 12 months.

18.13.2

The Court must impose a custodial period and an extended licence period. The extended licence period may be up to 5 years for a violent offence and up to 8 years for a sexual offence.

18.13.3 The offender will become eligible for parole at the half way point (PED) of the custodial term. Release is NOT automatic at this point. It must be recommended by the parole board. The parole board may recommend release at any time between the half-way point of the custodial part of the sentence and the custodial end date (CED). Release will be on licence to the extended SLED. The custodial end date will be entered on LIDS in the CRD field. 18.13.4 A calculation sheet for the calculation of the release dates for CJA03 extended sentences for public protection is at Annex ii.
DOS PED
CUSTODIAL PERIOD

CED
EXTENSION PERIOD

SLED

Example 21 A prisoner receives an extended sentence of 14 years comprising a custodial period of 6 years and an extension period of 8 years. The sentence is imposed on 19 August 2005. Total sentence is 14 years and runs from 19/08/05 to 18/08/2019 = Days to SLED is 5113 reckoned from 19/08/05 Custodial period is 6 years from 19/08/05 to 18/08/2011 Days to CED is 2191 reckoned from 19/08/05 Parole Eligibility Date is 2191 2 (rounded up) Days to PED is 1096 days from 19/08/05 = = = = = 5113 days 18/08/2019 2191 18/08/2011 1096 18/08/08

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 17

Release may take place between 19/08/08 and 18/08/2011 by recommendation from the parole board only. If no recommendation is made, release must take place on 18/08/2011. Any release will be on licence to the SLED. Example 22 A prisoner receives an extended sentence of 18 years comprising a custodial period of 12 years and an extension period of 6 years. The sentence is imposed on the 7 May 2005 and 276 days remand are ordered to be taken in to account. Total length of sentence is from 07/05/05 to 06/05/2023 Remand time ordered to be taken into account Days to SLED 6574 276 6298 days from 07/05/05 Custodial period is 12 years from 07/05/05 to 06/05/2017 Days to CED is 4383 276 (remand) 4107 days from 07/05/05 Parole Eligibility Date is 4107 (4383 2) Days to PED is 1916 days from 07/05/05 18.14 Terms of imprisonment in default and Contemnors 18.14.1 Generally, contemnors and those serving terms of imprisonment in default will continue to be treated as per Chapters 17 and 16 (respectively) of PSO 6650. However, where the default terms were imposed on or after 04 April 05, release will take place at the half way point of the custodial term regardless of the length of the term imposed. 18.14.2 The CJA03 does not affect the calculation of the other civil terms covered in Paragraph 16 of PSO 6650. Where PSO 6650 advises that civil terms have to be served in full, there must be no change to the calculation process for such terms imposed for offences committed on or after 04 April 05 (I.e. Post CJA03) 18.15 Calculating HDC eligibility dates (see HDC instruction for guidance) = = = = = = = = = 6574 days 276 6298 03/08/2022 4383 4107 03/08/2016 1916 04/08/2010

18.15.1 Eligible prisoners who receive a determinate sentence of 12 months or more (when custody plus is implemented this will be extended to 3 months or more) may be released on HDC for up to a maximum period of 135 days, subject to length of sentence. 18.15.2 Eligible prisoners must serve at least one half of the custodial period, (i.e. half the number of days to CRD) subject to a minimum of 4 weeks (28 days). 18.15.3 Prisoners serving at least 12 months but less than 18 months may spend between 3 months and 4 months on HDC depending on length of sentence. 18.15.4 Prisoners serving at least 18 months may spend 135 days on HDC.

18.15.5 Where there are multiple concurrent sentences the HDC eligibility date of each individual sentence must be calculated and the latest eligibility date adopted.
Issue number 157 issue date 23 October 2002

Order ref. 6650

page 18

18.15.6

Where there are 2 or more consecutive sentences, the HDC eligibility date is calculated on the aggregate custodial term

Link back to Contents

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 19

ANNEX A COUNTING OF TIME IN CUSTODY BEFORE SENTENCE A. Examples of periods of custody TO BE COUNTED as reducing a sentence On remand under section 10(3) of the Magistrates Courts Act 1980. On committal for medical examination under section 30 of the Magistrates Courts Act 1980 if the offence is punishable on summary conviction by imprisonment. On committal for sentence under sections 37 (for juveniles) and 38 (for offenders over 18) of the Magistrates Court Act 1980. On committal under section 120 of the Powers of Criminal Courts Act 2000, i.e. to be dealt with in respect of a suspended sentence. The same type of committal can take place under section 56 of the Criminal Justice Act 1967. On committal under the provisions of the Mental Health Act 1983: (a) section 35 - remand to hospital for reports on mental condition (b) section 36 - remand to hospital as an alternative to a remand in custody. Does not include periods spent on bail with a condition of residence in a hospital for treatment (c) (d) 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 after arraignment, commonly known as a JR (judgement respited), i.e. sentence postponed after conviction. On remand while at the same time detained under the Immigration Act 1971. In police detention under section 49 of the Police and Criminal Evidence Act 1984. In HM Customs and Excise detention under sections 151 or 152 of the Criminal Justice Act 1988 . Where the prisoner had been on remand and subsequently received a community punishment and rehabilitation order (combination order) or a curfew order or a drug treatment and testing order and later has this substituted by a custodial sentence. Where someone breaches bail, is placed on remand for the substantive offence, is subsequently acquitted for the substantive offence but is sentenced for breach of bail. Examples of periods of custody which do NOT count as reducing a sentence
issue date 23 October 2002

B.

Issue number 157

Order ref. 6650

page 20

Where the prisoner was also serving a sentence or term in default of a fine. Where the prisoner had been on remand and subsequently received a community rehabilitation order (also known as a probation order), a community punishment order (also known as a community service order), an order for conditional discharge or a suspended sentence and later has this substituted by a custodial sentence. Where someone is given an order under section 116 of the 2000 Act, remand time in respect of the new offence will not count to reduce the section 116 order, if no custodial sentence is imposed for the new offence (but where a custodial sentence is imposed, remand time will count towards the single term formed by the new sentence and the section 116 period). Where an offender is serving a sentence of imprisonment imposed by a court martial or standing civilian court, any time spent in custody before sentence shall not be treated as reducing the sentence imposed (the court takes account of this period in determining the length of the sentence). Time spent in custody abroad prior to extradition to the UK for trial will not count towards sentence unless the trial judge specifies that it will under section 47(2) of the 1991 Act. For prisoners repatriated to the UK under the Repatriation of Prisoners Act 1984 the rules on sentence calculation are different and advice should be sought from the Cross Border Transfer section. One day appearances at court to answer to bail and the time spent at court attending a trial, where bail has been granted, do not count as days in custody. However, if the judge or magistrate makes a specific order that the person be confined to the court cells during any recesses, this will normally count as relevant remand time. Cases in which a prisoner claims that court custody time should count against sentence should be referred to the sentence calculation helplines in headquarters. Breach of an order under the Family Law Act 1996. Remand time in respect of offences which are being taken into consideration. Link back to Contents

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 21

ANNEX B FORMS FOR POLICE CUSTODY TIME First form: for issue to all prisoners prior to interview on first reception into prison custody. The prisoner must be asked to supply the information required and sign the form. Should the prisoner decline to do so the possible effect on his or her release date must be explained. For any relevant time to be credited towards your release date this form should be completed and forwarded to the Discipline/Custody office

Surname ........................................ Aliases..................................... ..... Date of Birth................................ FROM TO

Forenames..................................... Prison No: .............................

LOCATION

OFFENCE

Signed ................................................................ -----------------------------------------------------------------------------------------------------------This section for completion by Discipline/Custody Office To: ...................................................... (name of prisoner) The following dates have been confirmed as relevant police detention/remand time.

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 22

Signed: ............................................................

Date: ...........................

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 23

Second form: to be sent to the relevant police station(s). To: The Custody Sergeant From: HM Prison

Date: ........................... TIME SPENT IN POLICE DETENTION Surname ........................................ Aliases..................................... ..... 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 Forenames..................................... Prison No: ...........................

If the prisoner was held on Breach of Bail please specify whether section 6 or section 7 of the Bail Act 1976 applied Link back to Contents

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 24

ANNEX C SENTENCE CALCULATION SHEETS The three calculation sheets reproduced in the pages which follow correspond to the three release schemes: the first form, which is white, is for adults and young offenders aged 18 and over sentenced to less than 12 months, and young offenders under the age of 18 sentenced to 12 months or less;

the second form, which is pink, is for adults and young offenders aged 18 and over sentenced to 12 months or more but less than 4 years, and young offenders under the age of 18 sentenced to more than 12 months but less than 4 years;

the third form which is blue, is for all adults and young offenders sentenced to 4 years or more.

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 25

Adults + YOs 18 and over Under 12 months YOs under 18 12 months and under CALCULATION OF RELEASE DATES COMMITTAL DETAILS
Case s Dates Offence Committe d Police Custody Remand Bail at Prison/Cour t Receptio n Off Bail Sentence

WHITE form

Sentence/ Order

Number Of Days Sentence A. B. = Prison from________ to________ = Prison from________ to________ = C Actual term (A - B) SED = number of days at C from date of sentence = : : ARD = number of days at D from date of sentence = : : Total length of sentence from to Time in custody to count Police from________ to________

D (A2)

Automatic release date

C -

Jan Feb Mar Apr May

31

31

31

31

31

31

Jan Feb

31 30 31

31 30 31

31 30 31

31 30 31

31 30 31

31 30 31

Mar Apr May

365x2 365x3 365x4 365x5 365x6 365x7 365x8 365x9 LEAP YEARS

730 1095 1460 1825 2190 2555 2920 3285

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 26

Jun Jul Aug Sep Oct Nov Dec

30 31 31 30 31 30 31

30 31 31 30 31 30 31

30 31 31 30 31 30 31

30 31 31 30 31 30 31

30 31 31 30 31 30 31

30 31 31 30 31 30 31

Jun Jul Aug Sep Oct Nov Dec 1992 1996 2000 2004 2008 2012 2016 2020 2024 2028

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 27

Adults + YOs 18 and over form 12 months to under 4 years YOs under 18 Over 12 months to under 4 years CALCULATION OF RELEASE DATES COMMITTAL DETAILS
Case s Dates Offence Committed Police Custody Remand Bail at Prison/Cour t Receptio n Off Bail Sentence

PINK

Sentence/ Order

N.B. Minimum time to be served on licence must be A4 (rounded up) = A. B. = Prison from________ to ________ = Prison from________ to_________ = C Actual term (A - B) Total length of sentence from to Time in custody to count Police from________to ________

Number Of Days Sentence

D Conditional release date C (A2)

Licence expiry date C - (A4)

SED = number of days at C from date of sentence = : : CRD = number of days at D from date of sentence = : : LED = number of days at E from date of sentence = : : 31 31 Jan Feb 365x2 365x3 365x4 365x5 365x6 365x7 365x8 365x9 730 1095 1460 1825 2190 2555 2920 3285

Jan Feb Mar Apr May

31

31

31

31

31 30 31

31 30 31

31 30 31

31 30 31

31 30 31

31 30 31

Mar Apr May

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 28

LEAP YEARS Jun Jul Aug Sep Oct Nov Dec 30 31 31 30 31 30 31 30 31 31 30 31 30 31 30 31 31 30 31 30 31 30 31 31 30 31 30 31 30 31 31 30 31 30 31 30 31 31 30 31 30 31 Jun Jul Aug Sep Oct Nov Dec 1992 1996 2000 2004 2008 2012 2016 2020 2024 2028

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 29

Adults + YOs form 4 years and over CALCULATION OF RELEASE DATES COMMITTAL DETAILS
Case s Dates Offence Committe d Police Custody Remand Bail at Prison/ Court Receptio n Off Bail Sentence

BLUE

Sentence/ Order

N.B. Minimum time to be served on licence must be A12 (rounded up) = A. B. = Prison from________to________ = Prison from________to________ = C Actual term (A - B) Total length of sentence from to Time in custody to count Police from________ to________

Number Of Days Sentence

Parole eligibility date C - (A2)

E Non parole release date C (A3)

Licence expiry date C - (A4)

SED = number of days at C from date of sentence = : : PED = number of days at D from date of sentence = : : NPD = number of days at E from date of sentence = : : LED = number of days at F from date of sentence = : : 31 31 Jan Feb 365x2 365x3 365x4 365x5 365x6 365x7 365x8 730 1095 1460 1825 2190 2555 2920

Jan Feb Mar Apr

31

31

31

31

31 30

31 30

31 30

31 30

31 30

31 30

Mar Apr

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 30

365x9 May Jun Jul Aug Sep Oct Nov Dec 31 30 31 31 30 31 30 31 31 30 31 31 30 31 30 31 31 30 31 31 30 31 30 31 31 30 31 31 30 31 30 31 31 30 31 31 30 31 30 31 31 30 31 31 30 31 30 31 May LEAP YEARS Jun Jul Aug Sep Oct Nov Dec 1992 1996 2000 2004 2008 2012 2016 2020 2024 2028

3285

Link back to Contents

Issue number 157

issue date 23 October 2002

Order ref. 6650

page 31

ANNEX D SPECIAL REMISSION TABLE Always use the figures from page 2 of the calculation sheet. If you use figures from page 1 of the calculation sheet an allowance has to be made for any ADAs or UAL.

A B C D E F G H

Number of days @ box A on calculation sheet Number of days to ARD, CRD, NPD, PED Number of days earlier release approved B - C to give a new total Number of days remand (or police custody time) + D 100% of E for ARD, CRD, PED 50% of E (rounded down) for NPD E + F = new sentence length A - G = number of days special remission

A new calculation must now be carried out using the new sentence length (as at G above) Link back to Contents

Issue number 157

issue date 23 October 2002

Order ref. 6650 ANNEX E LIST OF LOCAL AUTHORITY SECURE UNITS

page 32

l Aldine House Limb Lane Dore Sheffield S17 3ES Tel. 0114 262 1160 Fax. 0114 262 1260 Atkins Unit Northbrook CH School Beacon Lane Beacon Heath Exeter EX4 8NA Tel. 01392 251449 Fax. 01392 494207 Aycliffe Secure Facilities Copelaw Newton Aycliffe Co Durham DL5 6JB Tel. 01325 300101 Fax. 01325 375650 Barton Moss Secure Care Centre Barton Moss Road Eccles Manchester M30 7RL Tel. 0161 707 2402 Fax. 0161 707 2835 Beechfield Effingham Road Copthorne Crawley RH10 3HZ Tel. 0134 271 2309 Fax. 0134 271 7332 Briars Hey CH Orchard House ICU Mill Lane Rain Hill Lancs L35 6NE Tel. 0151 430 9677 Fax. 0151 430 8455 Brunel Unit 125c Market Street Clay Cross Mids Chesterfield S45 9LX Tel. 01246 862397 Fax. 01246 348705 Clare Lodge 104 Welmore Road Glinton Peterborough PE6 7LU Tel. 01733 253246 Fax. 01733 253565 Clayfields House Moorbridge Lane Stapleford Nottinghamshire NG9 8GU Tel. 0115 917 0010 Fax. 0115 917 0011 Dales House Fylde Community Normoss Road Blackpool FY3 0BE Tel. 01253 884551 Fax. 01253 894269 Dyson Hall Gladstone Unit Higher Lane Fazakerley Liverpool L9 7HB Tel. 0151 284 3000 Fax. 0151 525 0392 East Moor CC Central Secure Unit Tile Lane Adel Leeds LS16 8EB Tel. 0113 267 3459 Fax. 0113 267 2218 Hillside Secure Centre Off Burnside Cimla Neath SA11 1UL Tel. 01639 641648 Fax. 01639 620236 Kyloe House Netherton Park Stannington Near Morpeth Northumberland NE61 6DE Tel. 01670 785900 Fax. 01670 785902 Laboure House St Catherines CH Blackbrook Road St Helens Merseyside WA11 9RJ Tel. 01744 606119 Fax. 01744 606201 Lansdowne CC Hawks Road Hailsham East Sussex BN27 1HT Tel. 01323 843771 Fax. 01323 849235 Leverton Issue number 157 issue date 23 October 2002

Order ref. 6650 Park Lane Great Warley Brentwood CM14 5LL Tel. 01277 222785 Fax. 01277 232473 Lincolnshire SU Rookery Avenue Sleaford Lincolnshire NG34 7TY Tel. 01529 302894 Fax. 01529 414600 Orchard Lodge William Booth Road Anerley London SE20 8BG Tel. 020 8402 9696 Fax. 020 8402 9697 Redbank CH Special Unit Winnick Road Newton Le Willows Merseyside WA12 8AE Tel. 01925 224621 Fax. 01925 220710 Redbank CH Vardy House Winnick Road Newton Le Willows Merseyside WA12 8AE Tel. 01925 224621 Fax. 01925 220710 Redsands CC Oak House SU 251 Crew Road Willaston Nantwich Cheshire CW5 6NE Tel. 01270 664166 Fax. 01270 664116 St Johns Tiffield Northamptonshire NN12 8AA Tel. 01604 859411 Fax. 01604 959580 St Johns CHE Earlswood 18 Gravelly Hill North Erdington Birmingham B23 6BQ Tel. 01213 825121 Fax. 01213 776727 Shepherds Bush London W12 9PA Tel. 020 8743 9461 Fax. 020 8746 0781 Stoke House Sherbourne SU Lloyd Cresent Wyken Coventry CV2 5NY Tel. 01203 444299 Fax. 01203 447863 Sutton Place SC 347 Salthouse Road Hull HU8 9HR Tel. 01482 374186 Fax. 01482 712173 Swanwick Lodge Swanwick Southampton SO3 7HD Tel. 01489 581913 Fax. 01489 572921 Thornbury House 40 The Moors Kidlington Oxfordshire OX5 2AL Tel. 01865 373153 Fax. 01865 842348 Vinney Green Richmond Road Emmerson Green Mangotsfield Bristol BS16 7AA Tel. 0117 970 2286 Fax. 0117 970 2326 Watling House Watling Street Gailey Staffordshire ST19 5PR Tel. 01902 798220 Fax. 01902 798224

page 33

Link back to Contents

Stamford House 206 Goldhawk Road Issue number 157 issued 23 Oct 2002

Order ref. 6650

page 34

ANNEX F DTO CALCULATION SHEET


Cases Dates DTO

Number of days DTO A. Total length of DTO from: ..............to: ........... SED = number of days at A from date of sentence, ( - B if applicable ). = : :

B. Time served on Appeal (if applicable) C. Half-way point A 2 (rounded up) Where there is time served on appeal A 2 - B Half-way point = number of days at C from date of DTO (rounded up) = : :

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

31 31 30 31 30 31 31 30 31 30 31

31 31 30 31 30 31 31 30 31 30 31

31 31 30 31 30 31 31 30 31 30 31

31 31 30 31 30 31 31 30 31 30 31

31 31 30 31 30 31 31 30 31 30 31

31 31 30 31 30 31 31 30 31 30 31

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Leap Years: 2004 2008 2012

Link back to Contents

Issue number 157

issued 23 Oct 2002

Order ref 6650

page 74

ANNEX G MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT Amount Not exceeding 200 Exceeding 200 but not exceeding 500 Exceeding 500 but not exceeding 1,000 Exceeding 1,000 but not exceeding 2,500 Exceeding 2,500 but not exceeding 5,000 Exceeding 5,000 but not exceeding 10,000 Exceeding 10,000 Maximum period 7 days 14 days 28 days 45 days 3 months 6 months 12 months

_________________________________________________________ Exceeding 10,000 but not exceeding 20,000 Exceeding 20,000 but not exceeding 50,000 Exceeding 50,000 but not exceeding 100,000 Exceeding 100,000 but not exceeding 250,000 Exceeding 250,000 but not exceeding 1 million Exceeding 1 million 12 months 18 months 2 years 3 years 5 years 10 years

The amounts above the line are those that can be imposed by a Magistrates Court. Those below the line can only be imposed by a Crown Court, although they would be remitted to the appropriate Magistrates Court for enforcement.

Link back to Contents

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 75

ANNEX H
PAY-OUT CALCULATION SHEET Number: Sentence: Start Date: Release On: Name: 2

A Days in sentence (as reduced if applicable) B Days actually served Friday/Bank Holiday credit days e.g. Friday + 2 = days to ARD C Days entitlement Under 12 mths 100% of B 12 mths & over 50% of B (rounded down) D B + C = days deemed to have been served E A - D = days to pay for

Formula for Calculations Number of days to pay for x amount of original fine Number of days in original sentence - 1 Each fine must be calculated separately 1 2 3 4 days x - 1 day days x - 1 day days x - 1 day days x - 1 day = = = = Minus any appropriations plus distress warrants Calculation completed by: Date: Total required to secure release Checked by: Date: Sub Total = Amount required ()

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 76

ANNEX I EARLY RELEASE OF CIVIL PRISONERS


Occasion Civil and judgment debts Council Tax Income Tax Maintenance arrears and costs Mag County Mag County Mag no no no no no no part full part full part Court Remand or police custody time applies? Early release? Full payment required or part admissible?

Contempt of court (civil & criminal) Contempt of court, i.e. of some order of the court in connection with the case in hand Disobey non-monetary order Upon breach of bindover/forfeiture of recognizances to keep the peace/upon the complaint of another person Failure to enter recognizances(i.e. to be bound over) Various acts of mischief in the Court Imprisonment in default Fine imposed upon conviction, changed to imprisonment in default of payment Compensation and costs connected with such a fine Confiscation orders on receipt of warrant of commitment following enforcement no yes part Crown Mag High County Mag Crown Mag no no no no no no no yes yes yes yes yes no no part part

Crown Mag Crown Mag High County

no no no no no no

yes yes yes yes yes yes

no

yes

part

no

yes

part

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 77

Annex J
PROFORMA TO RECORD REMAND TIME FOR PRESENTATION TO THE COURT
Magistrates Court: Court on CMTD to (Date) Crown Court Case Number
OFFENCES DATE COMMITTED DATE OF FIRST REMAND COURT HEARING DATES BAILED

Crown

No of days on
Remand lative remand Cumu

Additional information (i.e any remand time served at the same time as a period of imprisonment or period of licence recall, OR any time already taken into account on a previous sentence)

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 78

CALCULATION OF RELEASE DATES 12 MONTHS AND OVER CJA2003 No. Name.


Initials Calc Check

Establishment

Date

Reason for variation (Upon first reception after sentence)

No of days

SLED

CRD

DIAGRAM OF SENTENCE(S)

Link back to Contents

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 79

CJA03 SENTENCES 12 MONTHS AND OVER


A
SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to Sentence 1 days From Sentence 2 yrs mos to yrs mos to

ANNEX i
C
DATE OF SLED (Number of days at B reckoned from DOS)

B
NUMBER OF DAYS IN SENTENCE

D
NUMBER OF DAYS TO CRD B 2 Rounded up

E
DATE OF CRD (Number of days at D reckoned from DOS)

days From

Sentence 3

days From

yrs

mos to

Sentence 4

yrs From

mos

days to

Sentence 5

days From

yrs

mos to

EFFECTIVE RELEASE DATES F


TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND

G
EFFECTIVE SLED

H
EFFECTIVE CRD Latest date in E minus F

Latest date in C minus F

Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31 31 30 31 30 31

Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

365 365 365 365 365 365 365

x x x x x x x

3 1095 4 1460 5 1825 6 2190 7 2555 8 2920 9 3285

LEAP YEARS 2004 2008 2012 2016 2020 2024 2028 2032 2036 2040 2044 2048

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 80

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 81

CALCULATION OF RELEASE DATES CJA2003 DETERMINATE SENTENCE FOR PUBLIC PROTECTION No. Name.

Establishment

Date

Reason for variation (Upon first reception after sentence)

No of Days

SLED

CRD (CED)

PED

Initials Calc Check

DIAGRAM OF SENTENCE(S)

Link back to Contents

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 82

CJA03 EXTENDED SENTENCE FOR PUBLIC PROTECTION


Cases Dates
Offence committed Sentence

ANNEX ii

Sentence or order made

Number of days
Sentence

A
From (DOS)

Total length of sentence


to (end of Ext period)

B Number of days relevant Remand ordered by the Court C Days to SLED (A B) SLED = number of days at C from date of sentence = : :

D Length of custodial part of sentence From (DOS) E to (end of custodial period) CED = number of days at E from date of sentence = F Days to Parole Eligibility Date E (D 2) : :

Days to Custody End Date (D B)

PED = number of days at F From date of sentence = : :

31 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 31 30 31 30 31 31 30 31 30 31

31

31

31

31

31

JAN Feb

31 30 31 30 31 31 30 31 30 31

31 30 31 30 31 31 30 31 30 31

31 30 31 30 31 31 30 31 30 31

31 30 31 30 31 31 30 31 30 31

31 30 31 30 31 31 30 31 30 31

Mar Apr May Jun Jul Aug Sep Oct Nov Dec

365 X 2 365 x 3 365 x 4 365 x 5 365 x 6 365 x 7 365 x 8 365 x 9

730 1095 1460 1825 2190 2555 2920 3285

JAN

LEAP YEARS 2004 2008 2012 2016 2020 2024 2028 2032 2036 2040 2044 2048

Issue number 157

issued 23 Oct 2002

Order ref. 6650

page 78

INDEX A Absconders from other UK jurisdictions 7.5.1 Additional days awarded (ADAs) - effect on release dates 9.2 - concurrent sentences 9.5 - quashed 9.7 - recall 9.6 - extended sentences 11.5.1 - civil prisoners 17.4.1 Administration of Justice Act 1970 17.3.4 17.3.7 Appeals - Crown Court 8.2.1 8.2.3 - Court of Appeal 8.3.1 8.3.4 - House of Lords 8.4.1 - and remand time 8.1.2 At risk period 1.2.3 - brought forward by remand time 4.2.2 - offence committed during6.4.1 - 6.4.6 Automatic Conditional Release 1.2.3 Automatic Release Date - definition 1.2.3 - brought forward by remand time 4.2.2 - calculation 5.3.1 Automatic Unconditional Release 1.2.3 B Back records Bail Act 1976 s.6 s.7 Bank holidays 5.1.6 2.4.1 4.9.5 4.9.6

C Calculation sheets

5.6.1 Annex C Checks on sentence calculation 2.5.1 - 2.5.3 Civil debt 17.1.1 17.3.7 Civil prisoners - early release 17.2.6 Annex I - contempt 17.2.1 - 17.2.9 - non-payment 17.3.1 - 17.3.9 - additional days 17.4.1 Civil terms - and single term 3.2.6 Colonial Prisoners Removal Act 1884 10.5.1 Combination order 4.1.6 Community punishment order 4.1.6 Community rehabilitation order 4.1.6 Community service order 4.1.6 Concurrent sentences - definition 3.1.1 Conditional discharge order 4.1.6 Conditional Release Date - definition 1.2.3 - brought forward by remand time 4.2.2 - calculation 5.4.1 Confiscation orders 16.12.1 - 16.12.4 Annex I - under s.71 CJA 1988 16.12.7 Consecutive sentences - definition 3.1.1 Contempt - maximum terms 17.2.1 - sine die 17.2.2 - custodial terms 17.2.4 - 17.2.9 - early release 17.2.6 Annex I - and young persons 17.2.10
issued 23 October 2002

Issue number 157

Order ref. 6650

page 79

- remand time Annex I Contempt of Court Act 1981 17.2.1 Costs of default warrants - of imposition 16.10.2 - of issue Council tax (non-payment)

16.10.2 16.10.2 17.1.1 17.3.9 Annex I 2.3.1 - 12.3

Custody abroad - generally will not count against sentence Annex A Customs and Excise - discretionary powers 16.12.6 Annex A Customs and Excise Management Act 1979 16.12.6 D Debtors Act 1869 17.3.7 Default terms - definition 16.1.2 - maximum terms Annex G - procedures on reception & release 16.2.1 - 16.2.5 - release dates 16.3.1 - 16.3.4 - early release Annex I - and single term 3.2.6 16.3.2 - consecutive terms 16.4.1 - 16.4.2 - appropriations 16.5.1 - 16.5.7 - pay-outs 16.6.1 - 16.6.6 Annex H - acceptance of payment 16.7.1 - 16.7.2 - hours for receipt of payment 16.8.1 - 16.8.2 - additional days 16.9.1 - 16.9.2 - costs of warrant 16.10.1 - 16.10.2 - lodged warrants 16.11.1 - 16.11.6 - drug trafficking confiscation orders 16.12.4 - 16.12.5 - Customs and Excise 16.12.6 - remaining liabilities 16.13.1 - 16.13.3
issued 23 Oct 2002

Court custody Annex A Court record Courts martial 12.1 Crime (Sentences) Act 1997 10.2.1 Criminal Justice Act 1967 - s.67 Criminal Justice Act 1988 - s.151 Annex A - s.152 Annex A Criminal Justice Act 1991 - Part II 1.2.1 - s.38 - s.39 - s.42 - s.44 - s.45 - s.47 - s.51 - s.65 - Schedule 12 1.3.1 Criminal Justice (International Co-operation) Act 1990 10.4.1 Crown Prosecution Service 4.1.3 Curfew order
Issue number 157

- 10.2.2 10.5.1 1.1.3 4.1.1 4.9.1

-1.2.3 3.2.4 4.8.1 6.2.1 4.8.1 17.4.1 5.5.2 11.1.1 17.3.2 Annex A 17.2.4 14.5.3

4.9.7 4.1.6

Order ref. 6650

page 80

- remand time Annex I Detention and Training Orders (DTOs) - when to be imposed 15.1.1 - length 15.1.2 - half-way point 15.2.2 15.2.4 - calculating release date 15.2.1 - 15.2.4 - calculation sheet Annex F - remand time 15.3.1 - additional days 15.3.2 - multiple DTOs 15.4.1 - 15.4.4 - single term 15.4.5 - 15.4.7 - early and late release 15.5.1 - 15.5.2 - interaction with DYOI 15.6.1 - 15.6.15 - treating DTO as DYOI 15.6.16 - DTO and s.91 of 2000 Act 15.7.1 - recall 15.8.1 -re-detention 15.9.1 - periods of recall or re-detention to be served in full 15.10.1 Detention in a Young Offender Institution (DYOI) 14.1.1 - 14.1.3 14.2.1 Detention under s.91(3) of the 2000 Act 14.3.1 - 14.3.3 Discretionary Release 1.2.3 Documents required for calculating sentence 2.3.1 Drug trafficking confiscation orders 16.12.4 - 16.12.5 Drug treatment and testing order 4.1.6 E
Issue number 157

Errors in sentence calculation 2.1.3 - special remission Escape and recapture 7.2.1 Existing prisoners Extended sentences - definition

13.1.1 - 13.1.7 7.2.4 7.4.1 1.3.1 - 1.3.4

11.1.1 - 11.1.2 - calculating release dates 11.2.1 - effect on other sentences11.3.1 - 11.3.2 11.4.1 - 11.4.2 - maximum extension 11.1.3 - minimum term 11.1.3 - unlawfully at large 11.5.1 - additional days 11.5.1 - recall 11.7.1 - return 11.6.1 Extradition - time spent abroad awaiting Annex A F Family Law Act 1996 Annex A Forfeiture of recognizance H Helplines Home Detention Curfew (HDC) 3.2.2 House of Lords 8.4.1

17.1.1 ...0.9 5.2.3 6.1.1

I Immigration Act 1971 4.1.4 Indeterminate terms Income tax (non-payment) Annex A 1.1.4 Annex I

issued 23 Oct 2002

Order ref. 6650

page 81

Indictments J Judgement respited

2.3.1 Annex A

Mistakes by sentencing court 2.6.1 2.6.3 N Non-Parole Release Date - definition 1.2.3 - brought forward by remand time 4.2.2 - calculation 5.5.1 Non-payment - custodial terms 17.3.1 - 17.3.3 - maintenance orders 17.3.4 - 17.3.6 - civil debt 17.3.7 - 17.3.8 - council tax 17.3.9 O Other jurisdictions P PACE see Transfer 4.1.1 4.9.1 - 4.9.2 Annex A 3.2.3 6.1.2

L Legal aid contribution orders 17.1.1 Legal aid costs - failure to pay 16.3.3 Licence - revoked by Secretary of State 6.3.1 6.3.3 - suspended by Magistrates Court 6.2.1 6.2.2 - to run to end of sentence under s.86 2000 Act 5.5.2 11.1.1 Licence Expiry Date - brought forward by remand time 4.2.2 - calculation 5.4.1 5.5.1 Local authority secure units Annex E Lodged warrants 16.11.1 - 16.11.6 Long-term prisoner - definition 1.2.1 M Magistrates Courts Act 1980 - s.10 - s.30 - s.37/38 - s.80 - s.115 17.3.10 - s.120 17.3.11 Maintenance arrears 17.1.1 Maintenance orders

Parallel sentences

Annex A Annex A Annex A 17.3.9

Annex I 17.3.4 - 17.3.6

Mental Health Act 1983 - committal under sections 35, 36, 38 and 43 Annex A
Issue number 157

Parole Eligibility Date - definition 1.2.3 - brought forward by remand time 4.2.2 - calculation 5.5.1 Police and Criminal Evidence Act 1984 see PACE Police custody records 2.3.1 Police detention time - definition 4.9.1 - to count against sentence 4.9.1 4.9.2 - forms 4.9.8 Annex B Powers of Criminal Courts (Sentencing) Act 2000 - s.85 11.1.1 - s.86 5.5.2 11.1.1
issued 23 Oct 2002

Order ref. 6650

page 82

- s.90 -s91 - s.116 3.2.5

1.3.4 14.3.1 - 14.3.3 4.8.1 6.4.1 -

is long- or short-term 4.1.5 - extinguishes custodial part of sentence 4.3.1 5.7.1 - shared remand time 4.7.1 4.7.2 - recall or return 4.8.1 - suspended sentence 4.1.6 - combination order 4.1.6 - community punishment order 4.1.6 - community punishment and rehabilitation order 4.1.6 - community rehabilitation order 4.1.6 - community service order 4.1.6 - concurrent sentences 4.6.1 - conditional discharge order 4.1.6 - consecutive sentences 4.5.1 - curfew order 4.1.6 - drug treatment and testing order 4.1.6 - and appeals 8.1.2 - and young offenders 14.4.1 14.4.3 - under s.10(3) Magistrates Courts Act 1980 Annex A - committal under s. 30 Magistrates Courts Act 1980 Annex A - committal under s. 120 2000 Act Annex A - committal under Mental Health Act 1983 Annex A - HM Customs and Excise detention Annex A - court martial Annex A - custody abroad awaiting
issued 23 Oct 2002

6.4.6 11.6.1 - s.120 Annex A Prison Discipline Manual Prison Rules - Rule 51 Probation order 4.1.6 9.2 0.6 17.4.1 9.2

R Release - direct from court 2.2.1 - in error 13.1.8 - weekends and bank holidays 5.1.6 Recall 4.8.1 6.2.1 - extended sentences 11.7.1 Recognizances 17.1.1 17.3.10 - 17.3.11 Annex I Release on Temporary Licence (ROTL) 1.1.5 3.2.2 - failure to return 7.2.3 Relevant period 4.1.1 - definition 4.1.2 Remaining liabilities 16.13.1 - 16.13.3 Remand time - relevant period 4.1.1 4.1.2 - to count towards time served 4.2.1 - to be counted once only 4.1.4 - no effect on whether prisoner
Issue number 157

Order ref. 6650

page 83

extradition Annex A - court appearances and court custody Annex A - offences taken into consideration Annex A Remand warrants 2.3.1 Repatriation of Prisoners Act 1984 10.3.1 - 10.3.5 Annex A Return 4.8.1 6.4.1 6.4.6 - extended sentences 11.6.1 S Sentence Expiry Date - definition 1.2.3 - brought forward by remand time 4.2.2 Sentence warrants 2.3.1 Sexual offences (see also extended sentences) - licence to run to end of sentence under s.86 of the 2000 Act 5.5.2 11.1.1 Short-term prisoner - definition 1.2.1 Single term - definition 3.2.2 - concurrent sentences 3.3.1 3.3.2 - consecutive sentences 3.4.1 3.4.3 - default terms 3.2.6 - civil terms 3.2.6 Special remission - errors in calculation 13.1.1 - 13.1.11 - meritorious conduct 13.2.1 - 13.2.5 Standard on sentence calculation 2.1.1
Issue number 157

2.1.3 Standing civilian court Annex A Supervision order

14.5.3 - 14.5.4

T Taken into consideration Annex A Transfer from other jurisdictions - Crime (Sentences) Act 1997 10.2.1 - 10.2.6 - restricted transfer 10.2.4 - 10.2.6 - unrestricted transfer 10.2.2 - 10.2.3 - Guernsey 10.2.6 - Isle of Man 10.2.6 - Jersey 10.2.6 - Northern Ireland 10.2.6 - Scotland 10.2.6 - Criminal Justice (International Co-operation) Act 1990 10.4.1 - Colonial prisoners Removal Act 1884 10.5.1 - Repatriation of Prisoners Act 1984 10.3.1 - 10.3.5 U Unlawfully at large (UAL) - not normally treated as part of sentence 7.1.1 7.1.2 - to count in exceptional cases 7.1.17.1.2 7.2.1 -

- calculation

7.2.4 - escape 7.2.2 - failure to return from ROTL 7.2.3 - licence revoked 7.2.4 - recapture in foreign country 7.2.5
issued 23 Oct 2002

Order ref. 6650

page 84

- effect on concurrent sentences - effect on consecutive sentences - extended sentences 11.5.1 W Warrants - cost of issuing default warrant - lodged warrants

7.4.1 7.3.1

16.10.1 - 16.10.2 16.11.1 - 16.11.6

Y Young offenders (see also DTOs) - types of sentence 14.1.1 - calculating release dates 14.1.2 - DYOI 14.1.1 - 14.1.3 14.2.1 - detention under section 90 of 2000 Act 14.3.1 - 14.3.3 - remand time 14.4.1 - 14.4.3 - supervision after release 14.5.1 - 14.5.4 Young Offender Institution Rules - Rule 55 9..2

Issue number 157

issued 23 Oct 2002

Link back to Contents

Issue number 157

issued 23 October 2002