SENTENCE CALCULATION DETERMINATE SENTENCED PRISONERS

Transcription

1 SENTENCE CALCULATION DETERMINATE SENTENCED PRISONERS This instruction applies to:- Reference:- Prisons Issue Date 15 July 2015 (Revised) Issued on the authority of For action by Instruction type For information Provide a summary of the policy aim and the reason for its development/revisi on Effective Date Expiry Date Implementation Date 01 February January 2019 NOMS Agency Board All staff responsible for the development and publication of policy and instructions; NOMS HQ Public Sector Prisons Contracted Prisons* Governors Heads of Groups *If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons Service improvement/legal compliance NOMS Headquarters This Sentence Calculation Determinate Sentenced Prisoners along with the operational guidance attached was first issued on 1 February 2015 in order to incorporate the new legislative provisions of the Offender Rehabilitation Act 2014 which require prisoners who; committed their offence on or after 01/02/2015, who are sentenced to a determinate sentence of at least 2 days but less than 2 years and who are aged 18 years or more at the half way point of the sentence; to be released on licence to the end of the sentence with an additional period of Post Sentence Supervision, the purpose of which is to ensure that all such offenders are supervised for a period of 12 months. Update 16 July This re-issue of the PSI is to reflect two further pieces of legislation that affect the calculation of release dates: Contact 1) The Criminal Justice and Courts Act 2015 (CJ&CA 2015)which was implemented on 13 April 2015and which made changes to the release points of certain Extended Determinate Sentences (EDS) in addition to introducing a new type of sentence for offenders of particular concern. The EDS change is NOT retrospective. 2) The Serious Crime Act 2015 (SCA 2015) which will be implemented on 1 June 2015 and which makes changes to the release points of those terms of imprisonment imposed in default of payment of confiscation orders of 10 million or more. Sentencing Policy and Penalties Unit, 102 Petty France, London, SW1H 9AJ - Victoria Amat or Helen Scott

2 Associated documents or Fax: or PSO 6700 Home Detention Curfew (and associated PSIs) PSI 16/ Confiscation Orders PSI 73/ Prison NOMIS PSI 47/ Prisoner Discipline Procedures PSI 37/ Supervision of Young Offenders PSI 37/ NOMS Finance Manual PSI 30/2014 Recall, Review, Re-Release of Recalled Offenders Replaces the following documents which are hereby cancelled: The previous version of this Sentence Calculation Determinate Sentenced Prisoners issued on 1 February 2015 and its attached operational guidance. Audit/monitoring: Mandatory elements of instructions must be subject to management checks (and may be subject to self or peer audit by operational line management) as judged to be appropriate by the managers with responsibility for delivery. In addition, NOMS will have a corporate audit programme that will audit against mandatory requirements to an extent and at a frequency determined from time to time through the appropriate governance. Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.

3 PAGE 1 CONTENTS Hold down Ctrl and click on section titles below to follow link Section Subject For reference by 1 Executive Summary 1.2 Background All prison staff who 1.5 Exclusions from Post Sentence Supervision are responsible for 1.6 Exclusions from release on licence sentence 1.8 Special Custodial Sentences for Offenders of Particular calculations Concern (SOPC) 1.10 Ending Automatic release at the two thirds point of Extended Determinate Sentences (EDS) 1.12 Desired outcomes 1.13 Mandatory actions 1.22 Statutory Provisions 1.31 Resource impact 2 Operational Guidance Part I - Introduction and Calculating the Sentence of the Court Chapter 1 Introduction 1.1 Purpose Chapter 2 Relevant Legislation and Determining Under Which CJA 2003 Release Arrangement a Sentence Falls to be Treated 2.1 Relevant Legislation 2.2 Release from a Determinate Sentence being Served in Addition to Other Types of Detention 2.3 Summary of CJA 2003 Sentences Types and their Release Arrangements 2.4 Recalled Prisoners initially released under the provisions of the CJA 1991 or CJA 1967, recalled and who are UAL on or after 3 December 2012 Chapter 3 Procedures 3.1 Required Documentation to Calculate a Sentence 3.2 Time Limits for Calculating Release Dates 3.3 Release Direct from Court 3.4 Required Checks 3.5 Mistakes by the Sentencing Court Chapter 4 Remand to Custody, Remand on Tagged Bail and Police Detention Time 4.1 General Remarks 4.2 Relevant Period 4.3 Application of Remand to Custody 4.4 Periods of Remand on Bail (Tagged Bail) 4.5 Police Detention Time 4.6 The Effect of a Relevant Period on a Sentence 4.7 Examples of What Relevant Time is Applicable in Different Sentence Scenarios 4.8 Single Sentences and Remand 4.9 Consecutive Sentences and Remand 4.10 Concurrent Sentences and Remand Where the Remand/Tagge All prison staff who are responsible for sentence calculations

4 PAGE 2 d Bail time Extinguishes the Custodial Part of a Sentence 4.12 Previously uncredited remand time (Section 240ZA), tagged bail time (Section 240A) and court directed remand time (section 240) and a period of recall other than FTR s 4.13 Previously uncredited Remand/Tagged Bail and Fixed Term Recalls 4.14 Uncredited Remand in Respect of sentences that were imposed prior to 3 December 2012 for an offence committed prior to 4 April 2005 and the recall occurred BEFORE 14/07/08 Chapter 5 How to Calculate a Sentence 5.1 Purpose 5.2 General Remarks 5.3 Post Sentence Supervision 5.4` Breach of Post Sentence Supervision 5.5 Converting a Sentence in to Days 5.6 Sentences Imposed on or after 3 December Concurrent Standard Determinate Sentences Imposed on or after 3 December Consecutive Standard Determinate Sentences Imposed on or after 3 December Consecutive Sentences Imposed BEFORE 3 December Multiple Sentences imposed BEFORE 3 December 2012 for offences committed PRIOR to 4 April 2005 and all sentences of less than 12 months imposed before 3 December Multiple Sentences Comprising Sentences Imposed on or after 3 December 2012 and Sentences Imposed Before that Date Annex B Chapter 6 Part II - Changes in Circumstances Prisoners Sentenced after Release from an Earlier Sentence or Returned or Recalled to Custody 6.1 Purpose 6.2 Prisoners sentenced after release from an earlier sentence 6.3 Licence recalls including HDC recalls 6.4 Prisoners returned to prison under Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 40 of CJA 1991) Chapter 7 Unlawfully At Large Time 7.1 General Remarks 7.2 Calculation of the period unlawfully at large 7.3 Escapes/Absconds before 21 July Escapes/Absconds on or after 21 July Failures to Return from Temporary Release prior to 21 July Failures to Return from Temporary Release on or after 21 July Licence Recalls All prison staff who are responsible for sentence calculations

5 PAGE Releases in Error 7.9 Sentenced prisoners held in a foreign country pending extradition 7.10 Effect Of Being Unlawfully At Large On The Sentence(S) Being Served 7.11 Absconders from other UK jurisdictions Chapter 8 Appeals 8.1 General Remarks 8.2 Effect of a quashed sentence or conviction on remand time for other matters 8.3 Crown Court Appeal 8.4 Court of Appeal (Civil and Criminal Divisions) 8.5 Supreme Court 8.6 Time Spent on Bail Pending Appeal Chapter 9 Additional Days Awarded 9.1 General Remarks 9.2 Remitting ADAs 9.3 ADAs Awarded Prior to 2 October ADAs and Single sentences imposed on or after 3 December 2012 or single sentences of 12 months or more imposed before that date for offences committed on or after 4 April ADAs and sentences/single terms imposed prior to 3 December 2012 for offences committed before 4 April 2005 and sentences/single terms comprising sentences of less than 12 months imposed before 3 December ADAs and Concurrent sentences that run parallel to one another 9.7 ADAs and Consecutive Sentences. 9.8 ADAs and Existing Prisoners (EPs) 9.9 Prospective Additional Days (PADAs) 9.10 ADAs and Periods of Licence Revoke 9.11 RADAs and Periods of Licence Revoke 9.12 Further Information on ADAs and RADAs Annex C Part III - Special Categories of Cases Chapter 10 Prisoners Transferred from Other Jurisdictions 10.1 General Remarks 10.2 Transfers under the Crime (Sentences) Act Transfers under the Repatriation of Prisoners Act Transfers under the Crime (International Co-operation) Act Transfers under the Colonial Prisoners Removal Act Transfers from the International Criminal Courts 10.7 Queries about Transferred Prisoners Chapter 11 Extended Sentences 11.1 General Remarks 11.2 Calculation of a Special Custodial Sentence for Offenders of Particular Concern (SOPC) 11.3 Multiple Special Custodial Sentences for Offenders of All prison staff who are responsible for sentence calculations

6 PAGE 4 Particular Concern Calculation of Extended Sentences (EDS) Imposed Under Section 226A or 226B 11.5 Multiple Extended Determinate Sentences 11.6 Calculation of Extended Sentences Imposed under Section 227/ Section 227/228 sentences imposed prior to 14 July Calculation of Section 85 extended sentences 11.9 Interaction of a Section 236A SOPC with a Standard Determinate Sentence (SDS) Interaction of a Section 236A SOPC with a Section 226A or 226B Extended Determinate Sentence (EDS) Interaction of Section 226A/Section 226B EDS with a Standard Determinate Sentence (SDS) imposed on or after 3 December Interaction of EDS with a Standard Determinate Sentence (SDS) imposed before 03/12/ Interaction of a section 227/228 extended sentence Imposed on or after 14 July 2008 with an SDS Interaction of a Section 227/228 extended sentences imposed before14 July 2008 with an SDS Interaction of Section 85 extended sentences with SDS Chapter 12 Court Martial 12.1 General Remarks 12.2 Time spent in custody prior to Court Martial 12.3 Court Martial Appeals 12.4 Service Civilian Court Appeals Chapter 13 Special Remission 13.1 Errors in Calculation 13.2 Calculation of Special Remission 13.3 Special Remission for Meritorious Conduct 13.4 Table for Calculations Chapter 14 Young Offenders 14.1 General Remarks 14.2 Sentence of DYOI: offenders aged 18, 19, and Sentence of detention under section 91(3) of the PCC(S)A Remand Time 14.5 Supervision After Release 14.6 Detention and Training Orders 14.7 Breach of Gang Injunction Chapter 15 Detention and Training Orders 15.1 General Remarks 15.2 Calculating the Release Date 15.3 Remand and Credit for Time Spent on Tagged Bail 15.4 Additional Days 15.5 Post Sentence Supervision 15.6 Multiple DTOs 15.7 Early and Late Release 15.8 Interaction with Sentences of DYOI 15.9 Interaction with Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 and Extended Sentences Imposed under Section 226B or 228 of CJA 2003 All prison staff who are responsible for sentence calculations

7 PAGE Breach of supervision requirements of a DTO - section 104 of the 2000 Act (as amended by section 80 of the LASPOA 2012) Re-offending during the DTO: order of re-detention under section 105 of the 2000 Act Annex D Part IV - Terms of Imprisonment Chapter 16 Terms of Imprisonment in Default of Payment 16.1 General Remarks 16.2 Procedures 16.3 Calculating Release Dates for a Term in Default 16.4 Multiple Terms in Default 16.5 Multiple Terms of Default Different Release Schemes 16.6 Interaction of Terms in Default with Non-Default Sentences and Terms 16.7 Appropriations 16.8 Pay-Outs 16.9 Additional Days Awarded Costs of Issue of Warrant Chapter 17 Civil Prisoners 17.1 General Remarks 17.2 Contempt 17.3 Non Payment Annex E Part V - Appendices to the Operational Guidance Appendix A Abbreviations Appendix B Calculation Sheets Appendix C Counting of Time in Custody before Sentence Appendix D Police Custody Forms Appendix E Draft Lines to send to the Court Ref a Sentence being made Consecutive to a Licence Recall Appendix F Exceptional Circumstances for Unlawfully At Large Appendix G Special Remission Appendix H Special Remission Table Appendix I DTO Calculation Sheet Appendix J Minimum Periods Appendix K Pay-Out Calculation Sheet All prison staff who are responsible for sentence calculations All prison staff who are responsible for sentence calculations Appendix L Appendix M Appendix N Appendix O Civil Prisoner Early Release Table Schedule 15 Specified Offences for Purposes of Chapter 5 of Part 12 Schedule 15B Offences Listed for the Purposes of Sections 224A, 226A and 246A Schedule 18A Offences listed for the Purposes of Section 236A

8 PAGE 6 1. Executive Summary 1.1 This PSI originally issued on 1 February 2015 replaced PSI 13/2013 and the Operational Guidance of that PSI in order to update the guidance to include new instructions for calculating the release dates of standard determinate sentences of at least one day but less than 2 years, imposed for offences committed on or after the implementation of the provisions of the Offender Rehabilitation Act 2014 (ORA 2014). It has been revised and reissued in order to take account of the provisions in the Criminal Justice and Courts Act 2015, which end automatic release for those sentenced to an Extended Determinate Sentence (EDS) on or after 13 April 2015 and introduce a new Special Custodial Sentence for Offenders of Particular Concern (SOPC), and the provisions in the Serious Crime Act 2015 which end automatic release for those offenders made subject to a confiscation order on or after 1 June 2015 where the confiscation order is for 10 million or more. These instructions will be required for prison staff who are responsible for sentence calculations in order to ensure prisoners are released on the correct date on a licence expiring at the correct time according to the relevant legislation. The particular amendments giving rise to the re-issue of the PSI can be found in Chapters 11 and 16 of the attached operational guidance Background 1.2 This PSI was originally issued on 1 February 2015 in order to reflect that: On 9 May 2013 the Ministry of Justice published the response to a consultation entitled transforming rehabilitation: A strategy for Reform, in which, the Government s intention to extend statutory supervision in the community to those offenders released from short custodial sentences was confirmed. Provisions in the Offender Rehabilitation Act 2014 (ORA 2014) amend the release provisions of the Criminal Justice Act 2003 and apply new arrangements for release on licence to those offenders who have committed their offence on or after 01/02/2015 and are serving a standard determinate sentence of more than 1 day but less than 12 months. The provisions also introduce new supervision arrangements for offenders who have committed their offence on or after 01/02/2015 and who are released from a standard determinate sentence of less than 2 years so that all offenders sentenced to one day or more are supervised in the community for at least 12 months. 1.3 The changes that affect sentence calculation are in respect of the following:- Offenders serving a Standard Determinate Sentence (SDS),a term of Detention in a Young Offender Institution (DYOI), or a term imposed under Section 91, who are aged 18 years or over at the half way point of such a sentence/term and The sentence or term has been imposed for an offence committed on or after 01/02/2015then:- Where the SDS or term is one of at least 2 days but less than 12 months they will have a Conditional Release Date (CRD) at the half way point instead of an Automatic Release Date (ARD),and a Sentence & Licence Expiry Date (SLED instead of a Sentence Expiry Date (SED) ; Where the SDS or term is one of at least 2 days but less than 2 years - in addition to the CRD and SLED, they will have a Top Up Supervision End Date (TUSED) which will be 12 months after the half way point of the sentence (as adjusted by Unlawfully at Large time (UAL) and remand); Offenders serving less than 12 months who are released on licence to a SLED and who breach the conditions of the licence may be recalled from licence by PPCS as

9 PAGE 7 a Fixed Term Recall (FTR). An FTR issued for such offenders will be for 14 days and must be served in full. (28 day FTR s still apply to offenders serving 12 months or more); An offender breaching the Post Sentence Supervision (I.E the breach occurs between the SLED or appropriate LED - and the TUSED) will be liable to be returned to custody by the courts for a period of up to 14 days. Such a period is to be served in full and release from that period will be on anything extant from the original supervision notice; DTOs DTOs are still single termed with one another and have a Mid Transfer Date (MTD), Sentence & Licence Expiry Date (SLED), Latest Transfer Date (LTD) and Earliest Transfer Date (ETD). Where the single term is one of less than 24 months, the offence, or an offence within the single term, was committed on or after 01/02/2015 and the offender is aged 18 years or over at the MTD (as adjusted by any UAL), a TUSED will need to be calculated 12 months from the date of the MTD. 1.4 The release arrangements for those offenders sentenced for offences committed prior to 01/02/2015 are NOT subject to Post Sentence Supervision and so they will NOT require a TUSED. Where the sentence is one of less than 12 months for an offence committed prior to 01/02/2015, there is no licence period on release; hence such prisoners will retain the ARD and SED. 1.5 Those excluded from Post Sentence Supervision are:- Offenders who are under 18 years of age at the half way point of their sentence (as adjusted by UAL and remand); Offenders serving a sentence of less than 2 years where the offence was committed prior to 01/02/2015 Offenders serving terms/sentences of only 1 day; Offenders serving an Extended Determinate Sentence (EDS); Offenders serving terms in default (including confiscation orders) or civil terms. 1.6 Those excluded from release on licence are:- Offenders who are under 18 years of age at the half way point (as adjusted by remand/tagged bail and any UAL) of an under 12 month Section 91 term; Offenders serving sentences/terms of less than 12 months where the offence was committed prior to 01/02/ The PSI is being re-issued in order to reflect the implementation on 13 April 2015 of two provisions in the Criminal Justice and Courts Act 2015 which: introduce a new type of sentence for offenders of particular concern (for certain sexual offences against children and terrorist offences); and end automatic release at the two thirds point of the custodial period for all Extended Determinate Sentences imposed on or after 13 April 2015.

10 PAGE 8 Special Custodial Sentence for Certain Offenders of Particular Concern 1.8 The provision which introduces a new type of determinate sentence - a Special Custodial Sentence for Certain Offenders of Particular Concern (SOPC) was made available for courts to impose on or after 13/04/2015 where: the offender is convicted of an offence listed in Schedule 18A to the CJA 2003, the offence was committed when the offender was aged 18 or over, the court impose a custodial sentence but does not impose an Extended Determinate Sentence (EDS) or a Life Sentence. The SOPC comprises a custodial term and a fixed period of one year for which the offender is to be subject to licence. The custodial term and the year s licence make up the appropriate sentence commensurate with the seriousness of the offence(s). 1.9 The release arrangements for the SOPC will be eligibility for parole at the half-way point of the custodial term and where parole is not authorised, release will be automatic once the custodial term has been served in full. Release will be subject to licence and supervision until the end of the aggregate of the custodial term and one year. Ending Automatic Release at the two-thirds point of Extended Determinate Sentences (EDS) 1.10 The second provision ends automatic release at the two-thirds point of the custodial period for Extended Determinate Sentences (EDSs). The release arrangements for all EDSs imposed on or after 13/04/2015 will be eligibility for consideration for release on parole at the two-thirds point of the custodial period, with automatic release at the end of the custodial period. Release will be on licence and subject to supervision until the end of the aggregate of the custodial period and the extension period. These arrangements will apply whatever the length of the custodial period and irrespective of whether the offence was a Schedule 15B offence or not The amendment to the EDS is not retrospective. Therefore, there will be no requirement to revisit those cases where the sentence was imposed before 13/04/2015. EDSs imposed before 13/04/2015 where the custodial period was one of less than 10 years for a nonschedule 15B offence will retain their automatic Conditional Release Date (CRD) at the twothirds point of the custodial period The instructions reflecting the changes made by the CJ&CA 2015 can be specifically found in the operational guidance at: Chapter 5 Para Chapter 11 Para all 11.3 all all all Ending Automatic Release at the half-way point for terms in default of payment of a confiscation order of 10 million or more.

11 PAGE With effect from 1 June 2015 provisions in the Serious Crime Act 2015 end automatic release at the half-way point of terms of imprisonment imposed by the Crown Court in respect of non-payment of confiscation ordersof 10 million or more. Any term of imprisonment subsequently enforced by the magistrates court must be served in full irrespective of the amount outstanding at the point that the magistrates court enforce the term in default The instruction reflecting this change can be specifically found in the operational guidance at: Chapter 16 Para Desired Outcomes 1.15 That determinate sentenced prisoners have their sentences calculated in accordance with the legislation and policy as it applies following commencement of the Offender Rehabilitation Act 2014, are lawfully detained in custody and are released on the correct date. Mandatory Actions 1.16 Governors must ensure that prisoners sentences are calculated correctly in accordance with the order of the court and relevant legislation In order to calculate sentences in accordance with the relevant legislation, staff carrying out calculations and checks must be aware of and apply the detailed operational guidance at Annexes A D Calculation staff must take particular note of the sections of the guidance relevant to the changes made by ORA2014 that take effect from 01/02/2015, which are:- All SDSs, DYOIs and terms imposed under Section 91, of at least 2 days but less than 12 months, for offences committed on or after 01/02/2015 (where the offender is 18 years or more at the halfway point of the sentence) will be subject to licence conditions on release. Therefore, they will have a CRD and SLED. Chapter 5 of the operational guidance refers. They will also have a TUSED see the next bullet point. All SDSs, DYOIs, terms imposed under Section 91 and DTOs of at least 2 days but less than 2 years, for offences committed on or after 01/02/2015 (where the offender is 18 years or more at the halfway point of the sentence/term) will be subject to a period of Post Sentence Supervision in accordance with Section 256A of the CJA Therefore, they will have a Top Up Supervision Expiry Date (TUSED) which will be 12 months from the date of the halfway point of the sentence (as adjusted by UAL and remand where applicable). Chapter 5 of the operational guidance refers. A breach of licence conditions occurring before the SLED will be dealt with by the Public Protection Casework Section (PPCS) in the Offender Management and Public Protection Group (OMPPG). Where the sentence is one of less than 12 months, and PPCS wish to issue a Fixed Term Recall (FTR) it will be a 14 day FTR.. The 14 day period is served in full and is calculated from the date of recall, or where the offender is not in custody on the date of recall, will be calculated from the first day of custody after the date of recall. Where the sentence is one of 12 months or more a FTR will be the usual 28 days in existence before this PSI. Chapter 5 of the operational guidance refers.

12 PAGE 10 A breach of the Post Sentence Supervision period (I.E where the breach occurs between the SLED and the TUSED) will be dealt with by the courts. The court can: make an order requiring the offender to carry out unpaid work or comply with a curfew requirement; Order the offender to pay a fine; or Order the person to be committed to prison for a period not exceeding 14 days Where the court orders the offender to serve a period of up to 14 days, the period must be served in full and release is on anything extant from the original Post Sentence Supervision period. If release occurs after the TUSED, release will be unconditional Governors must ensure that all staff carrying out sentence calculations are competent to do so Release dates must be calculated and checked within five working days of reception that being both first reception following sentence and reception on transfer Calculations must be checked 14 calendar days and 2 working days prior to release Where a calculation on transfer is found to have been incorrect, other than a purely arithmetical error, the error must be reported to the sentence calculation helplines immediately Establishments receiving a prisoner must request that back records be forwarded to them from the previous discharging establishment. It is especially important following recall from licence that the original record and warrants are obtained from the previous discharging establishment because these documents are the current sentence documents on which the prisoner is being held and which provide evidence for the calculated rerelease date. Statutory Provisions 1.25 The statutory provisions setting out the release arrangements for prisoners subject to determinate sentences are all contained in the Criminal Justice Act 2003 (CJA 2003), as amended by the Criminal Justice and Immigration Act 2008, the Legal Aid Sentencing and Punishment of Offenders Act 2012, the Offender Rehabilitation Act 2014,the Criminal Justice and Courts Act 2015 and the Serious Crime Act Chapter 6 of Part 12 of the CJA 2003 will apply to all offenders except those provided for by Schedule 20B of the CJA2003. Schedule 20B modifies Chapter 6 to preserve certain provisions of the CJA 1991 and CJA 1967 that continue to apply to certain offenders For sentences imposed on or after 03/12/2012, the circumstances in which a sentence is reduced by remand to custody, time spent on tagged bail and time spent in custody abroad pending extradition are set out in Section 240ZA, Section 240A and Section 243 of the CJA Remand directions made by the court prior to 3 December 2012 were made under Section 240 of the CJA The release of prisoners serving less than 12 months is governed by section 243A CJA Where the offence was committed before 01/02/2015 release is unconditional at the half way point. Where the offence was committed on or after 01/02/2015 release is

13 PAGE 11 conditional at the half way point and the offender is on licence until the end of the sentence, with a further period of Post Sentence Supervision under Section 256AA CJA 2003 which expires 12 months after the half way point The release provisions for prisoners given an Extended Determinate Sentence (EDS) are contained in section 246A CJA The release provisions for prisoners given a Special Custodial Sentence for Certain Offenders of Particular Concern (SOPC) are contained in section 244A of the CJA The supervision requirements and enforcement arrangements for young adult prisoners released from a DYOI or s91 sentence of less than 12 months where the offence was committed before 01/02/2015, or they are under 18 years of age at the halfway point of the less than 12 month sentence, are provided for, respectively, in sections 256B and 256C CJA The release of prisoners detained both by virtue of a sentence for an indeterminate term (i.e. an Indeterminate Sentence for Public Protection, life imprisonment, custody for life, or Detention at Her Majesty s Pleasure), or detained under an order of an immigration officer under the immigration legislation and a determinate sentence cannot take place until they have met both the release requirements of the determinate sentence(s) and the requirements which apply to their indeterminate sentence(s), or their detention under the immigration legislation. Resource Impact 1.34 There will be an initial resource impact for staff responsible for carrying out sentence calculations who will need to take time to familiarise themselves with the new instructions surrounding the release from EDSs imposed on or after 13 April 2015, the new SOPC introduced by the Criminal Justice and Courts Act 2015 and the new release arrangements for terms of imprisonment in default of payment of confiscation orders where the original order made by the Crown Court was 10 million or more Following that initial familiarisation process, this PSI does not require any additional resources to those already in place in respect of the calculation of release dates. (Signed) Digby Griffith Director National Operational Services, NOMS

14 PAGE Operational Instructions 2.1 Operational instructions are contained within the Operational Guidance Parts I V and the appendices to this guidance which can be found in annexes A to E.

15 PAGE 13

16 PAGE 14 Annex A PRISON SERVICE INSTRUCTION 03/2015 OPERATIONAL GUIDANCE PART I Chapter 1 INTRODUCTION Chapter 2 RELEVANT LEGISLATION AND DETERMINING UNDER WHICH 2003 ACT RELEASE PROVISION A SENTENCE FALLS TO BE TREATED Chapter 3 Chapter 4 Chapter 5 PROCEDURES REMAND TO CUSTODY, REMAND ON TAGGED BAIL AND POLICE DETENTION TIME HOW TO CALCULATE A SENTENCE

17 PAGE 15 CHAPTER 1 - INTRODUCTION 1.1 Purpose The purpose of this document is to provide examples and explanations of how to complete the mandatory actions set out in Prison Service Instruction 03/2015 to enable Prison staff to accurately calculate release dates for determinate sentences of imprisonment (i.e. sentences of imprisonment or terms of detention for fixed periods of time) and terms in default of payment and civil terms of imprisonment Guidance on establishing the re-release date following revocation of licence by the Secretary of State is contained in the Recall, Review, Re-Release of Recalled Offenders PSI 30/ This document explains how to calculate release dates according to the legislative requirements when a sentence is imposed and there is no discretion in the process Where it is found that a particular sentencing case is not covered by the guidance or there is any doubt as to how the guidance should be applied, advice must be sought from the Sentence Calculation Helplines in the Ministry of Justice Any references to Governors must also be taken as reference to Directors of contracted out prisons.

18 PAGE 16 CHAPTER 2 - RELEVANT LEGISLATION AND DETERMINING UNDER WHICH CJA 2003 RELEASE ARRANGEMENT A SENTENCE FALLS TO BE TREATED 2.1 Relevant Legislation The statutory provisions setting out the release arrangements for prisoners subject to determinate sentences are contained in the Criminal Justice Act 2003 (CJA 2003), as amended by the Criminal Justice and Immigration Act 2008, the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), the Offender Rehabilitation Act 2014 (ORA 2014) and the Criminal Justice and Courts Act Prior to the 2012 amendments on 03/12/2012, release provisions for sentences of less than 12 months and sentences imposed for offences committed prior to 4 April 2005 were set out in the Criminal Justice Act 1991 (CJA 1991) amended several times through subsequent statutes. The CJA 1991 provisions and amendments which continue to apply to any sentences are now incorporated in Schedule 20B of the CJA The circumstances in which a sentence is reduced by remand to custody, time spent on tagged bail and time in custody abroad pending extradition are set out in Section 240ZA Section 240A and Section 243 of the CJA Remand calculations for sentences that were imposed prior to 3 December 2012 will still apply as calculated under the previous legislation (Section 67 of the Criminal Justice Act 1967 or Section 240 of the CJA 2003) which has now been repealed. Chapter 4 provides more detail about remand time application. 2.2 Release from a Determinate Sentence being served in Addition to Other Types of Detention The release of Prisoners detained both by virtue of a sentence for an indeterminate term(s) (i.e. an Indeterminate Sentence for Public Protection, life imprisonment, custody for life, or Detention at Her Majesty s Pleasure) and a determinate sentence(s) cannot take place until they have met both the release requirements of the determinate sentence(s) and the requirements of the indeterminate term(s) Neither should a prisoner be released at the point that the custodial part of the determinate sentence(s) has been served where the prisoner then becomes subject to detention under an order of an immigration officer under the immigration legislation, or subject to remand to custody by a Court, to appear at a later date, in connection with a further offence(s). 2.3 Summary of CJA 2003 Sentences Types and their Release Arrangements The following table provides a summary of the different types of CJA 2003 determinate sentences and the release arrangements to which they are subject. Type of Sentence SDS Less than 12 months Date Sentence Imposed Any date of sentence Date Offence Committed On or after 01/02/2015 Release Dates CRD Comments Automatic Release at ½ way point. SLED On licence to end of sentence. TUSED Post Sentence Supervision expires 12 months after ½ way

19 PAGE 17 Type of Sentence Date Sentence Imposed Date Offence Committed Release Dates Comments point. SDS Less than 12 months Any Date of Sentence Prior to 01/02/2015 ARD Automatic Release at ½ way point. SED Release is unconditional SDS 12 months but less than 2 years Any date of sentence On or after 01/02/2015 CRD SLED Automatic Release at ½ way point. On licence to end of sentence. TUSED Post Sentence Supervision expires 12 months after ½ way point. SDS 12 months but less than 2 years Any date of sentence Prior to 01/02/2015 and on or after 04/04/05 CRD SLED Automatic Release at ½ way point. On licence to end of sentence. SDS 2 years or more Any date of sentence On or after 04/04/05 CRD Automatic Release at ½ way point SLED On licence to end of sentence. SDS 12 months but less than 4 years Sentenced Prior to 03/12/2012 Prior to 04/04/05 CRD LED Automatic Release at ½ way point. On licence to ¾ point. SED End of sentence SDS 4 years or more Offence NOT in Schedule 15 Sentenced Prior to 03/12/2012 Prior to 04/04/05 CRD SLED Automatic Release at ½ way point. On licence to end of sentence.

20 PAGE 18 Type of Sentence SDS 4 years or more Offence in Schedule 15 Date Sentence Imposed Sentenced Prior to 03/12/2012 Date Offence Committed Prior to 04/04/05 Release Dates PED NPD Comments Eligible for discretionary release by the Parole Board at ½ way point. Automatic Release at ⅔ point. LED On licence to ¾ point SED End of sentence SOPC Special custodial Sentence for Certain Offenders of Particular Concern Section 236A Sentenced on or after 13/04/2015 Any Date of Offence PED CRD Eligible for discretionary release by the Parole Board at ½ way point of the custodial term. Automatic Release at the end of the custodial term. Extended Determinate Sentence Section 226A or 226B Where custodial period is both less than 10 years AND is NOT for a Schedule 15B offence Convicted On or After 03/12/2012 but sentenced before 13/04/2015 Any Date of Offence SLED CRD SLED On licence to the end of the aggregate of the custodial term + one year. Automatic Release at ⅔ point of custodial period. On licence to end of sentence. All Extended Determinate Sentence Section 226A or 226B imposed on or after 13/04/2015 and where imposed before 13/04/2015 those EDS where custodial period is 10 years or more OR is for a Schedule 15B offence Extended Sentence Section 227 or 228 Convicted and Sentenced On or After 03/12/2012 and ALL EDSs imposed on or after 13/04/2015 Sentenced On or After 14/07/08 Convicted before 03/12/12 Any Date of Offence On or After 04/04/05 PED CRD SLED CRD SLED Eligible for discretionary release by the Parole Board at ⅔ point of custodial period. Automatic Release at end of custodial period. On licence to end of sentence. Automatic Release at ½ way point of custodial period. On licence to end of sentence.

21 PAGE 19 Type of Sentence Extended Sentence Section 227 or 228 Date Sentence Imposed Sentenced Prior to 14/07/08 Date Offence Committed On or After 04/04/05 Release Dates PED Comments Eligible for discretionary release by the Parole Board at ½ way point of custodial period. CRD Automatic Release at end of custodial period. SLED On licence to end of sentence. Extended Sentence Section 85 Where custodial period is less than 12 months Convicted prior to 03/12/12 Prior to 04/04/05 CRD LED Automatic Release at ½ way point of custodial period. On licence to end of custodial period + extension period. Extended Sentence Section 85 Where custodial period is 12 months but less than 4 years Convicted prior to 03/12/12 Prior to 04/04/05 SED CRD LED End of sentence Automatic Release at ½ way point of custodial period. On licence to ¾ point of custodial period + extension period. Extended Sentence Section 85 Where custodial period is 4 years or more. Convicted prior to 03/12/12 Prior to 04/04/05 SED PED End of sentence Eligible for discretionary release by the Parole Board at ½ way point of custodial period. NPD Automatic Release at ⅔ point of custodial period. LED On licence to ¾ point of custodial period + extension period. Extended Licence Section 86 or 44 12months but less than 4 years Convicted prior to 03/12/12 Prior to 30/09/98 SED CRD LED/SED End of sentence Automatic Release at ½ way point of sentence. On licence to end of sentence.

22 PAGE 20 Type of Sentence Extended Licence Section 86 or 44 4 years or more Date Sentence Imposed Convicted prior to 03/12/12 Date Offence Committed Prior to 30/09/98 Release Dates PED Comments Eligible for discretionary release by the Parole Board at ½ way point of sentence. NPD Automatic Release at ⅔ point of sentence. LED/SED On licence to end of sentence In addition to the above sentences, the following two types of sentence may still be seen for prisoners who were already sentenced prior to 03/12/2012 (1) Offenders returned to prison by order of the court N.B. The courts have no power to impose a period of Section 116 On or After 03/12/2012.Therefore, no new cases can be created on or after that date. This also means that any at risk period in respect of those offenders released under the provisions of the CJA 1991 before 3 December 2012 will cease to have effect on or after that date, even if the at risk period was due to end on a date later than 3 December Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) applied to prisoners who were released, under the old CJA 1991 provisions, at ARD/CRD/NPD or APD, at risk until the SED. If they committed a further imprisonable offence during the at risk period they were liable to be returned to prison by the court in accordance with Section 116. For the purposes of calculating release dates, a period of imprisonment under Section 116 must be treated, depending on it s length, as either an SDS of less than 12 months, an SDS of 12 months to under 4 years for an offence committed prior to 04/04/05, or, an SDS of 4 years or more imposed for an offence committed prior to 04/04/05. The maximum period that could be imposed under section 116 was the number of days between the date of the new offence and the SED of the earlier sentence. Where the offence had been committed between two dates, the later date was taken as being the date of the offence. It is not the role of the prison service to check that the length of the section 116 was correct, but if the prison do spot an error and it is still within 56 days from date of sentence, the court and the prisoner should be alerted as a matter of courtesy. If more than 56 days have passed before the error is spotted, the prisoner should be informed. The prisoner may wish to seek legal advice with a view to appealing the period imposed under Section 116. Until/unless an amended warrant is issued by the court, the prison must calculate the period imposed under Section 116 as that which is stated on the warrant in their possession. (2) Prisoners sentenced PRIOR to 1 October 1992 ( Existing Prisoners ) Prisoners sentenced prior to 1 October 1992 and who have remained in custody after that date are known as Existing Prisoners serving sentences subject to the

23 PAGE Act release provisions. The release arrangements for such prisoners are set out in Part 3 of Schedule 20B to the CJA Automatic release of an Existing Prisoner is unconditional at the two thirds point of the sentence (NPD) with eligibility for consideration for parole at the later of either the one third point of the sentence or 6 months from date of sentence (PED). Release on parole would be on a licence expiring at the two thirds point. Existing Prisoners who have been recalled from their parole licence by the Secretary of State prior to 14/07/08 and are returned to custody prior to 3/12/2012 will continue to be treated as Existing Prisoners for sentence calculation purposes on return to prison. Re-release will be unconditional at the two thirds point unless the parole board direct re-release any earlier. Where an Existing Prisoner is recalled prior to 14/07/08, but remains unlawfully at large until arrest and return to custody on or after 03/12/2012, or, the recall was issued on or after 14/07/08, re-release will be at the Sentence Expiry Date unless the Parole Board directs re-release any earlier The interaction of the different types of determinate sentence contained in the CJA 2003 can be complex and will be explained in the subsequent Chapters of this PSI. 2.4 Recalled Prisoners initially released under the provisions of the CJA 1991 or CJA 1967, recalled and who are UAL on or after 3 December Prisoners who were released under the provisions of the CJA 1991 or CJA 1967 and who were recalled from licence prior to 14 July 2008, but not arrested and returned to custody until on or after 3 December 2012 will be liable to be detained until the Sentence Expiry Date (SED) unless the Parole Board direct re-release any earlier. An NPD at the two thirds point and/or a Licence Expiry Date (LED) at the three-quarter point of the sentence will no longer apply. If the Parole Board direct re-release earlier than the SED, release will be on a licence expiring at the SED Similarly, prisoners who were released under the provisions of the CJA 1991 or CJA 1967, recalled from licence prior to 14 July 2008, arrested and returned to custody, but then absconded or escaped before 3 December 2012 whilst they were serving the recall period and who are not arrested and returned to custody until on or after 3 December 2012 will also be liable to be detained until the SED unless the Parole Board direct re-release any earlier. As above, any NPD at the two thirds point and/or LED at the three-quarter point will no longer apply Further information about re-release following recall from the different types of sentence may be found in the Recall, Review and Re-Release of Recalled Offenders PSI 30/2014.

24 PAGE 22 CHAPTER 3 PROCEDURES 3.1 Required Documentation to Calculate a Sentence The following documentation is required before a prisoner s release date can be accurately and permanently calculated: (i) (ii) (iii) (iv) (v) Order of Imprisonment (F5035 and 5044 in Crown Court) or Warrant of Commitment (REMWT, CCTWT or CCBBWT in Magistrate s Court) Providing that the Order of Imprisonment/warrant has the name of the court, name of defendant and date of the hearing it is valid. It does not necessarily have to be on a prepared form and may be hand written. Trial Record Sheet (F5089/Court record) It is essential to obtain this document as it provides key information of how the overall sentence has been made up. This information will be required in the calculation of HDC eligibility dates when there are presumed unsuitable offences or ineligible sentences in the mix. It may also provide dates of when offences were committed. All Local Prisons have access to an electronic version of this document via the XHIBIT portal and must download the F5089 within 5 working days of reception of all newly sentenced prisoners. Indictments (F5088) This document provides the key details of offences and dates committed This is another vital piece of information to help to identify what remand time is relevant to which sentences, whether release from an under 12 month sentence is on licence or not and whether Post Sentence Supervision applies to those sentences of less than 2 years. Details of Prospective ADA s F2050E held in the prisoner s F2050 will detail any prospective ADA s. Prospective ADA s can only be calculated if they were awarded during a period of remand that is being taken into account against the sentence imposed. Remand Warrants These are required in particular, to help determine what remand time is relevant to sentences. If remand warrants have been mislaid, or where the remand warrant does not specify the dates of offences, a copy of the relevant court register, obtained from the court concerned covering the period of remand in dispute will be helpful. (vi) Police Custody Records (PACE 1984) Police custody is only applicable to sentences imposed before 03/12/2012 inrespect of offences committed prior to 4 April Written confirmation from the relevant police station must be obtained before police custody is applied to the sentence.periods spent in police detention must relate to the offence for which the prisoner was arrested and sentenced. Further information in relation to police custody can be found in Chapter 4 (vii) Back Records Back records must be obtained in order to be able to check for any previous periods of remand that have an effect on the current sentence and to check for information

25 PAGE 23 that may affect other processes such as eligibility for future HDC release. A permanent calculation can be made in the absence of back records providing the calculation is checked and amended as necessary as soon as the back records are received and have been examined. Where a prisoner is received following revocation of licence, the original warrants and other records must be obtained immediately by fax and the hard copies posted from the relevant establishment as they are still the current documents for the sentence to which the prisoner is subject. 3.2 Time Limits for Calculating Release Dates Release dates must be calculated within 5 working days of reception. If the prison does not have all the necessary documentation (see Para above) to be able to perform the calculation within the timescale, a calculation must still be done and must be marked provisional. The sentence must be checked and recalculated as necessary when all the data is available. When making a provisional calculation, a period of remand time, tagged bail time or police custody time must only be credited if all the necessary information is to hand Release dates must be notified to the prisoner in writing normally within 1 day and no later than 5 working days of the calculation. A copy of the release date notification slip must be retained on file. Release dates must be orally explained to the prisoner in cases where the calculation is complex and the prisoner has difficulty understanding it.where the release date notification slip is as a result of a provisional calculation, the notification slip must also be marked provisional and a revised copy forwarded to the prisoner when the calculation is finalised following the receipt of all the required information When a sentenced prisoner is transferred to another establishment, that establishment must recalculate the sentence and notify the prisoner of the release dates within 5 working days of reception. The reason for this is that the Governor is responsible for the lawful detention and discharge of all prisoners within his or her establishment. The sentence calculation helplines in the Ministry of Justice must be contacted immediately if there is any discrepancy (other than a purely mathematical error) between the original calculation and the re-calculation on transfer. 3.4 Release Direct from Court Where the application of the appropriate remand/police custody or tagged bail time secures release direct from the sentencing court and the court contacts the prison for a sentence calculation, every effort must be made to complete the calculation and notify it back to the court without delay along with a copy of the appropriate licence to which the offender will be subject. Any delay may result in the prisoner being returned to the establishment and a claim for unlawful detention. 3.5 Required Checks Members of staff responsible for checking calculations must be competent to carry out the sentence calculation role All calculations must be checked by a second member of staff.the checker must initial the calculation sheet (and annotate PNOMIS as per the guidance in PSI 73/2011), to verify that it has been checked.