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.

26 PAGE Day Check days before a prisoner s anticipated release, the prisoner s sentence calculation must be checked by a member of staff who is different from those people who carried out the original calculation and check.the procedure must include checking warrants. The calculation sheet must be initialled and endorsed (and PNOMIS annotated) to verify that the 14 day check has taken place.

27 PAGE 25 2 Day Check A prisoner s calculation and warrants must be re-examined two days before a prisoner s release date by someone who is competent to carry out sentence calculations other than the person who performed the 14 day check and where possible, is different to the people who carried out the original calculation and check. The calculation sheet must be initialled and endorsed (and PNOMIS annotated) to verify that this check has taken place. 3.6Mistakes by the Sentencing Court Magistrates Courts have the power to re-open a case at any time after sentencing in order to rectify mistakes. Crown Courts have the power to rectify mistakes only within 56 days of sentencing. Where this occurs the resulting sentence takes effect from the same date as the original sentence, unless the Court directs otherwise It is not the function of the Prison Service to check the validity of sentences. However, where a warrant or sentence is ambiguous, or appears to be invalid, the sentencing court must be contacted without delay so that it has the opportunity to clarify the intention of the court and issue an amended warrant where necessary. This must be within 56 days of sentencing in the case of the Crown Court. If the sentencing court maintains that the original sentence or warrant is valid, notwithstanding the approach by the prison, advice must be sought from the sentence calculation helplines at the Ministry of Justice on how to proceed further If the prison has concerns about a Crown Court sentencing warrant and it is more than 56 days since the sentence was imposed, the advice of the sentence calculation helplines must be sought without delay.

28 PAGE 26 CHAPTER 4 REMAND TO CUSTODY, REMAND ON TAGGED BAIL AND POLICE DETENTION TIME 4.1 General Remarks The purpose of this chapter is to set out the principles of what constitutes a relevant period of remand to custody, time spent on tagged bail and police detention that will reduce a sentence and explain where the authority lies for crediting such time. It also provides examples of determining/applying relevant periods in different sentence scenarios. 4.2 Relevant Period A relevant period is: (a) (b) (c) (d) Any period of tagged bail directed by the court to count against the sentence Any period during which the offender was remanded to custody by a court in connection with any proceedings relating to that sentence or the offence for which it was passed (where a charge on an indictment such as GBH is reduced to ABH, for example, periods of custody in relation to the first charge are relevant to the sentence imposed for the second); or Any period during which the offender was remanded in custody by a court in connection with any proceedings from which the proceedings referred to in (b) above arose relating to that sentence. For example:- where a prisoner is remanded for burglary and on sentence this matter is not proceeded with, but sentence is imposed for Handling the same Stolen Goods on the day in question, the remand time for the burglary is relevant to the sentence for HSG. In respect of sentences imposed before 03/12/2012 for offences committed prior to 04/04/05, any period which the offender was in police detention in connection with the offence for which the sentence was passed Remand to Custody includes remand to prison custody, remand to police custody (where applicable) and remand to the care of certain types of local authority accommodation A relevant period can be credited only once to the overall sentence envelope If there is any doubt about the connection between a period spent on remand and a subsequent sentence, clarification may be obtained by contacting the Crown Prosecution Service Any remand time that was being served at the same time as another sentence of imprisonment, a term for contempt, or a term in default (including at the same time as a recall to custody as a result of the licence being revoked) cannot be counted as a relevant period. However, a period of remand time is a relevant period if it was served at the same time as a period of detention under the Immigration Act Where a court impose a Community Order, an Order for Conditional Discharge, or a Suspended Sentence and on or after 3 December 2012 subsequently re-sentence to a term of imprisonment, or activate the suspended sentence, as a result of the breach of such an Order, the Prison Service will be responsible for automatically crediting the relevant remand time occurring before the imposition of the original Order, in addition to any relevant remand time occurring after the breach, as time served towards the sentence imposed as a result of the breach

29 PAGE Further examples of when remand time can be considered as a relevant period are set out in APPENDIX C. 4.3 Application of Remand to Custody The authority for the Prison Service to credit remand to custody time lies in Section 240ZA of the CJA The Prison Service is responsible for automatically crediting any remand time relevant to the offence(s) for which the sentence is imposed, except where the sentence was imposed prior to 3 December 2012 for offences committed on or after 4 April In those particular cases it was the responsibility of the Court to direct how much time would be credited and the Prison Service applied the days as directed by the Court If it subsequently comes to light that a remand direction made by a court was for an incorrect number of days, the following action should be taken:- If the direction was for more days than the prisoner was actually entitled to the direction on the warrant stands and the number of days directed by the court must be used in the sentence calculation. If the direction was for less days than the prisoner was actually entitled to the direction ceases to have effect and the Prison Service must automatically use the correct number of days in the sentence calculation. The court will no longer have power to amend the warrant. N.B A previous version of this guidance required that, where the court were responsible for directing remand time and used their discretion to specifically state the remand was NOT to count as time served towards the sentence, the Prison Service were to honour that direction. However, following litigation, the Court of Appeal made it clear that under Section 240ZA the Prison Service must automatically credit any relevant remand even where it had previously been directed not to count by the court Time spent in police custody as part of the initial arrest and investigation only applies to those offenders sentenced BEFORE 3 December 2012 for offences committed prior to 4 April 2005 and only then once the Prison Service has confirmed such time with the police. 4.4 Periods of Remand on Bail (Tagged Bail) Section 240A of the CJA 2003 makes provision for the Courts to direct that periods spent on bail whilst subject to an electronically monitored curfew (tagged bail), for at least 9 hours per day, are to count as time served towards the sentence Tagged bail can be directed to count towards any sentence imposed on or after 3 November 2008, irrespective of the date of the offence The court must direct the number of days tagged bail to count as time served towards the sentence at the rate of half of the number of days actually spent on tagged bail whilst subject to the relevant requirements The number of days tagged bail directed to count by the court will appear on the Order of Imprisonment.

30 PAGE Prison establishments have no input to the tagged bail calculation made by the court and there are no checks that they can do. Prisons should simply credit the figure detailed on the Order of Imprisonment that is directed in accordance with Section 240A, towards the sentence in the same way that they credit remand to custody Should prisoners disagree with the number of days tagged bail time that has been directed they must pursue the matter with the Court through the usual appeal channels. 4.5 Police Detention Time Police detention as part of an investigation is applicable only to sentences imposed prior to 03/12/2012 for offences committed prior to 04/04/05. Any part of a day spent in police custody would count as a whole day for the purposes of sentence calculation A person was in police detention: (a) any time when the offender was in police detention for the purposes of PACE 1984; and (b) any time when the offender was detained under section 41 Terrorism Act Under section 118(2) of PACE, police detention begins on: (a) (b) the arrival of the person at any police station after arrest; or arrest at a police station after accompanying an officer there voluntarily and where the person was detained there or was detained elsewhere in the charge of a constable If a person attended a police station on a voluntary basis (i.e. to answer bail), they may leave at any time and were therefore not in police detention If there are difficulties confirming the police detention with the police, possible alternative approaches are: (a) (b) approach the local courts to see if copies of custody records were attached to the warrants from the Magistrate s Court either on first remand or sentence approach the Crown Prosecution Service to see if they are able to provide the information from their records Forms to help obtain information about police detention are at Appendix D. The first form is for the prisoner to supply the information of time that is being claimed and the second form must be sent to the relevant police station(s) for confirmation of the time. 4.6 The effect of a relevant period on a sentence A relevant period of remand to custody, police detention (where applicable) and/or tagged bail time reduces the total time to be served of a sentence subject to the relevant period not being counted towards the overall sentence envelope more than once. The custodial period is reduced by the number of days in question and so the point at which the licence period begins will be brought forward, but the licence period itself does not change The way in which a relevant period affects a sentence is illustrated by the following examples: EXAMPLE 1

31 PAGE 29 (A1) Prisoner sentenced to 2 years on 10 December No relevant time. N.B. Examples A1 and A2 also resemble the effect of remand on sentences of 12 months or more imposed before 03/12/2012 for offences committed on or after 04/04/05. S CRD SLED 365 days 365 days 10/12/ /12/ /12/2014 (A2) Same sentence as above but 30 days relevant time applicable. S CRD SLED 335 days 365 days 10/12/ /11/ /11/2014 (B1) Prisoner sentenced to 2 years on 1 October 2009 for an offence committed prior to 04/04/05. No relevant time. S CRD LED SED 365 days 183 days 182 days 01/10/09 30/09/ /04/ /09/2011 (B2) Same sentence as in B1 but 30 days relevant time applied S CRD LED SED 335 days 183 days 182 days 01/10/09 31/08/10 02/03/11 31/08/11 In the scenarios above, both the custodial period and the sentence end date are reduced by the 30 days, but the period spent on licence remains the same. 4.7 Examples of What Relevant Time is Applicable in Different Sentence Scenarios The following examples illustrate what relevant time is applicable in different sentence scenarios. It is irrelevant whether the time was court directed, or is automatically applied by the Prison Service 4.8 Single Sentences and Remand The following examples illustrate cases in which there is a single custodial sentence: EXAMPLE 2 Rx X Not Guilty Y

32 PAGE 30 Rx Community Order Z Rx Custodial Sentence Only period Z will be credited towards the custodial sentence as the prisoner received a not guilty verdict and a community order on the other two cases. The prisoner is only serving a single sentence and remand time on the other charges is not transferable. EXAMPLE 3 RXS1 100 days 120 day sentence (time served) 150 days 15 month sentence Rx S2 The remand time for S1 is shared with the remand time for S2 (ie the 100 days are part of the 150 days). 60 days remand is required to clear the custodial period of S1. This leaves a balance of 90 days remand to be credited towards S2 4.9 Consecutive Sentences and Remand Where a period has been spent on remand in respect of 2 or more offences for which consecutive sentences were imposed, remand time must only be credited towards the overall sentence envelope once N.B. Where the following scenarios apply to sentences imposed prior to 03/12/2012 and all offences were committed prior to 04/04/05, aggregate should be read as single term. EXAMPLE 4 X 1 year Rx Y S1 5 years consec to S1 Rx S2 In this example, the two sentences form an aggregate of 6 years and only period X will count towards the aggregate. Remand period Y is part of period X, so cannot count separately. EXAMPLE 5 X 8 months Rx B S1 Y 2 years consec to S1

33 PAGE 31 Rx S2 The total of period X and period Y will count towards the aggregate of 8 months 2 years.

34 PAGE Concurrent Sentences and Remand Where there are multiple concurrent or concurrent and overlapping sentences imposed any time relevant to any of the sentences will count towards the effective release dates, providing that a period of relevant time is not counted more than once. The total number of days relevant time will reduce the latest CRD and SLED produced by the individual sentences to find the effective dates If the sentences were imposed before 3 December 2012 and were sentences of less than 12 months, or the offences were committed prior to 4 April 2005, the principles of the examples below apply, but the relevant time would be applied to the appropriate ARD/CRD/PED, NPD, LED and SED of the single term created by all the sentences rather than to the latest release dates produced by the individual sentences. X EXAMPLE 6 Rx B S1 Y Rx S2 Z Rx B S3 When sentences 1 and 2 are imposed periods X and Y will be counted towards the latest dates produced by both sentences. The total time would be applied to the CRD and SLED of S2 as these dates would be later than the dates produced by S1.When S3 is imposed period Z will also be counted. Because no release has taken place from the earlier sentences before S3 is imposed, period Z is then added to periods X and Y and the total is applied to the CRD and SLED of S2 as this would still provide the latest dates of the three individual sentences imposed. EXAMPLE 7 X S1 RX1 Y B S2 Rx2 B In this example, when sentence 1 is imposed the total number of days in period X will be credited. When S2 is imposed concurrently to S1, sentence 1 still produces the latest release dates, but gets the benefit of the additional time between Rx2 and Rx1. (I.E the whole of period Y is applied to sentence 1 instead of period X). EXAMPLE 8 One sentence imposed after 03/12/2012 and one imposed prior to that date for an offence committed on or after 04/04/05

35 PAGE 33 X Court Directed Remand Rx1 S1 imposed before 03/12/12 Y Rx2 S2 imposed after 03/12/12 When sentence 1 was imposed the court would have directed period X to count as time served towards that sentence. When sentence 2 is imposed concurrently, the sentences run parallel to one another each with their own release dates. Remand relevant to any of the sentences is applied to the latest dates produced by each sentence providing a period of remand is counted only once. Sentence 2 provides the latest release dates The period between S1 and S2 cannot be counted as remand time as the offender was serving S1 during this period. The rest of period Y is part of period X. Therefore, period X is applied to the release dates of sentence Where the Remand/Tagged Bail time Extinguishes the Custodial Part of a Sentence Where the number of days remand/tagged bail time exceeds the number of days in the custodial part of the sentence, only enough remand/tagged bail days are applied to clear the custodial part of the sentence and results in the immediate release of the prisoner. The balance of the remand/tagged bail does not reduce the licence period of a sentence. However, should the prisoner be recalled from licence by the Secretary of State, the balance of the uncredited remand/tagged bail time may be offset against the period of return or recall in the following way: 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 Providing the recall is not a Fixed Term Recall (FTR) any balance of uncredited remand/tagged bail time relating to the sentence will be credited against the period of recall For example a prisoner has 8 months remand/tagged bail to count as time served towards a 12 months sentence. The prisoner would be required to serve 6 months of that 12 month sentence in custody. Therefore, 6 months of the remand/tagged bail is applied to effect an immediate release. Release is on a 6 months licence expiring at the SLED. A month after being released, the offender is recalled to serve the remaining 5 months of the licence in custody. Because there are 2 months of uncredited remand/tagged bail time, it can be credited as time served towards the recall period meaning the prisoner is required to serve 3 months to the SLED Where a prisoner has been UAL between date of recall and arrest/return to custody, adjust the release dates on the recall sentence by the UAL first and then apply any balance of uncredited remand/tagged bail time Previously uncredited Remand/Tagged Bail and Fixed Term Recalls Where a FTR is issued on a sentence with a balance of uncredited remand/tagged bail time the uncredited remand/tagged bail, up to a maximum of 14 days where the recall is on an under 12 month sentence and up to 28 days where the recall is on a sentence of 12 months or more, will be offset against the overall sentence and will reduce the SED/SLED, but must not be offset against the 14 or 28 days that are required to be served in custody by the FTR.

36 PAGE For example a prisoner has 8 months remand/tagged bail time to count as time served towards a 12 months sentence. 6 months of the remand/tagged bail time is applied to effect an immediate release, leaving 2 months of uncredited remand/tagged bail time. A month after being released a FTR is issued. The prisoner will be required to serve 28 days in custody. 28 days of the uncredited remand/tagged bail time will be offset against the sentence and will reduce the SED/SLED by 28 days, but the prisoner will still be required to serve the whole of the 28 days in custody before re-release If the Secretary of State authorises re-release of the prisoner BEFORE the 14 or 28 days have been served, the SED/SLED must be re-calculated to ensure that it has only been reduced by the number of days of the FTR actually served. For example, if the 12 months sentence in the paragraph above had an SED/SLED of 30 September, following a FTR, 28 days of the uncredited 2 months remand/tagged bail time would be used to reduce the SED/SLED to 2 September. However, if the Secretary of State authorised the re-release of the prisoner after only 10 days of the FTR had been served the SED/SLED would be recalculated to 20 September 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, Any balance of uncredited remand/tagged bail would have been credited against the period of recall and any period of return imposed by the Courts under their power at the time of Section 116 of the PCC(S)A For example a prisoner had a remand/tagged bail period of 10 months to count as time served towards a 16 month sentence. 8 months of the remand/tagged bail would have been applied to effect an immediate release and release would have been on a 4 month licence. 3 months after being released the offender was recalled to serve the remaining month of licence and at the same time was ordered to return to custody by the court under Section 116 of the PCC(S)A 2000 for a period of 7 months. Because the return and recall period were imposed at the same time and there were 2 months of uncredited remand/tagged bail time, 1 month would be offset against the period of licence recall and the full 2 months would be offset against the custodial part (3 and a half months) of the 7 month Section 116 return If prisons are unsure about the counting of uncredited remand time the sentence calculation helpline should be contacted.

37 PAGE 35 CHAPTER 5 HOW TO CALCULATE A SENTENCE 5.1 Purpose The purpose of this chapter is to set out the process that must be followed to accurately calculate release dates for sentences subject to the different release schemes within the 2003 Act. This Chapter does not cover the different types of Extended Sentences or the Special Custodial Sentence for Certain Offenders of Particular Concern (SOPC). Extended Sentences and the SOPC and their interaction with other types of sentence are considered in Chapter General Remarks The date of sentence and in certain cases the date of offence and sentence length will determine under which release scheme the sentence will be calculated. Sentences will fall in to the following categories:- Sentences imposed on or after 3 December 2012 All sentences of 2 years or more irrespective of date of offence Less than 2 years for an offence committed on or after 01/02/2015 Less than 2 years for an offence committed before 01/02/2015 Sentences imposed before 3 December 2012 but on or after 1 October for an offence committed on or after 4 April 2005, or for an offence committed prior to 4 April 2005 Sentences imposed before 1 October A sentence normally runs from the day it is imposed by the court unless the court directs otherwise as in the case of consecutive sentences. It can NEVER commence prior to the date of imposition A prisoner is not entitled to be released until the end of the last day of the custodial part of the sentence, but for practical reasons the prisoner may be discharged at any time during that day (usually in the morning to allow time for travelling). In the case of prisoners whose release dates fall on weekends or Bank Holidays (except those serving 5 days or less who will be released on the Saturday) release dates must be brought forward to the immediately preceding weekday which is not a Bank Holiday. (Where an HDCED or a PED falls on a weekend or Bank Holiday and release is authorised, release is deferred until the FOLLOWING working day) Prisoners serving sentences of 12 weeks to under 4 years may be eligible for release on Home Detention Curfew (HDC). Full details of HDC and how to calculate the eligibility dates are contained in the Home Detention Curfew PSI. 5.3 Post Sentence Supervision Following implementation of the Offender Rehabilitation Act 2014 (ORA 2014), all prisoners (except those listed in Paragraph below) who are released from a SDS where the offence was committed on or after 01/02/2015 will be subject to supervision for at least 12 months. The 12 month period will comprise a licence period (between CRD and SLED) and a Post Sentence Supervision Period (between SLED and the TUSED See Para below for meaning of TUSED)

38 PAGE For the purposes of Post Sentence Supervision, the reference to SDS (subject to the exclusions in Paragraph 5.3.4) includes; terms of Detention in a Young Offender Institution (DYOI), terms imposed under Section 91 and DTOs Because all sentences of 2 years or more imposed on or after 3 December 2012 already have a licence period that lasts at least 12 months, in practice, the provisions of the ORA 2014 apply to sentences of at least 2 days but less than 2 years imposed for offences committed on or after 01/02/2015. Release from such sentences will be conditional at the ½ way point of the sentence (CRD) on a licence expiring at the end of the sentence (SLED) with an additional period of supervision that will expire 12 months from the ½ way point of the sentence (as adjusted by remand/tagged bail and any relevant UAL). This new expiry date will be known as the Top Up Supervision Expiry Date (TUSED) Prisoners excluded from Post Sentence Supervision are:- Those sentenced to 1 day Those serving an Extended Sentence Those sentenced for on offence committed prior to 01/02/2015 Those who are under the age of 18 years at the half way point of the sentence as adjusted by remand/tagged bail and UAL. Those serving terms in default (including terms in default of a confiscation order). Those serving civil terms of imprisonment. 5.4 Breach of Post Sentence Supervision (BOTUS) Where an offender breaches the period of Post Sentence Supervision (between SLED and TUSED, the Court are responsible for dealing with the breach. They can: i. make an order requiring the offender to carry out unpaid work or comply with a curfew requirement; ii. Order the offender to pay a fine; or iii. 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. The offender will be brought in on NOMIS under the sentence type BOTUS The court can impose a new sentence for the offence that caused the breach of Post Sentence Supervision which can be ordered to run consecutive or concurrent to the term under BOTUS (and vice versa). Where the new sentence was consecutive to the term of BOTUS, the new sentence would start the day after the release date of the BOTUS term. If the BOTUS term was ordered to be consecutive to the new sentence, the BOTUS term would be calculated from the day after the CRD of the new sentence and so would run parallel to the licence period of that new sentence Release would be once the term under BOTUS had been served in full and half of the new sentence had been served. Such release would be on the licence relevant to the new sentence. 5.5 Converting a Sentence in to Days To find accurate release dates, sentences are always converted in to days. Sentences expressed in any other terms will have to be converted to this format Any sentence expressed in years will mean calendar years. For example 3 years starting on 17 December 2012 will end on 16 December 2015 = 1095 days. However, 3 years

39 PAGE 37 starting on 17 December 2011 will end on 16 December 2014 = 1096 days. This is because the years span February 2012 which has 29 days because 2012 is a leap year Any sentence of imprisonment expressed in months will mean calendar months. For example 3 months starting on 14 March runs to 13 June = 92 days. When a sentence is imposed on the first day of the month it will expire on the last day of the month of release. For example 3 months starting on 1 January (in a non leap year) runs to 31 March = 90 days Care must be taken when the calendar months involve the end of February as there is often no corresponding day before in February. For example: months starting 30 November runs to 28 February = 91 days (29 February where February is in the leap year = 92 days). months starting 29 November also runs to 28 February = 92 days months starting 31 December runs to 28February = 60 days (29 February in a leap year = 61 days). months imposed on 28 February will run to 27 May = 89 days (90 days in a leap year) If a court imposes a sentence involving ½ of one month, it is the number of days in the month where the beginning of the ½ month falls that determines the number of days in that ½ month. For example 4½ months from 20 March will run to 4 August because: The 4 months ends on 19 July so the ½ months starts in July July has 31 days. ½ of 31 is 15.5 days Sentences are calculated in whole days and the 15.5 must be rounded up to 16 days. Therefore 4½ months from 20 March is 4 months + 16 days (20/03 to 19/ days = 4/08) ½ months from 2 November would mean that the start of the ½ month fell in February. The number of days in the sentence would be the number of days in 3 months + 14 days (or 15 days if February fell in a leap year) Where a sentence is expressed in weeks, the number of weeks is multiplied by 7 to arrive at the number of days in the sentence. 5.6 Sentences Imposed on or after 3 December Sentences imposed on or after 3 December 2012 are Standard Determinate Sentences (SDS) An SDS of less than 12 months imposed on or after 3 December 2012 with an offence date BEFORE 01/02/2015 has an Automatic Release Date (ARD) at the ½ way point of the sentence and is released unconditionally to the Sentence Expiry Date (SED) An SDS of less than 12 months imposed on or after 3 December 2012 with an offence date ON or AFTER 01/02/2015 has a Conditional Release Date (CRD) at the ½ way point of the sentence, a Sentence and Licence Expiry Date (SLED) at the end of the sentence and a Top Up Supervision End Date (TUSED) 12 months after the ½ way point (as adjusted by remand/tagged bail and UAL).

40 PAGE An SDS of 12 months or more, imposed on or after 3 December 2012, has a Conditional Release Date (CRD) at the ½ way point of the sentence and a Sentence and Licence Expiry Date (SLED) at the end of the sentence Additionally sentences of at least 12 months but less than 2 years imposed for an offence committed on or after 01/02/2015 have a Top Up Supervision Expiry Date (TUSED) 12 months after the ½ way point (as adjusted by remand/tagged bail and UAL) They are calculated on the green CJA2003 calculation sheet at APPENDIX B When a suspended sentence is breached and the sentence activated, it is the date of the original offence for which the suspended sentence was originally imposed and not the date of the breach that will determine whether or not the activated sentence falls under the licence and Post Sentence Supervision provisions of ORA The length of the sentence imposed must be converted to days as explained in section 5.5 above To calculate the SLED/SED, the number of days in the sentence is reckoned from the date of sentence less any relevant remand /tagged bail days To calculate the CRD/ARD, the total number of days in sentence is divided by 2 (rounded up). The resulting figure is reckoned from date of sentence and then any relevant remand / tagged bail days deducted To calculate a TUSED, 12 months is added to the half way point of the applicable sentence/term/aggregate as adjusted by remand/tagged bail and any UAL The following examples illustrate the calculation of a single SDS imposed on or after 3 December 2012 with and without remand/tagged bail time.

41 PAGE 39 EXAMPLE 9 Prisoner sentenced to 2 years on 21 September No relevant time: A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 2 yrs mos days /09/ /09/2014 From 21/09/13 to 20/09/15 Sentence 2 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 20/09/2015 N/A 20/09/2014 N/A

42 PAGE 40 EXAMPLE 10 Prisoner sentenced to 3 years on 15 December 2012 with 35 days remand to custody and 10 days tagged bail time to count. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 3 yrs mos days /12/ /06/2014 From 15/12/12 to 14/12/15 Sentence 2 yrs mos days From to F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 45 30/10/2015 N/A 01/05/2014 N/A

43 PAGE 41 EXAMPLE 11 Prisoner sentenced to 8 months on 17 December 2012 with 10 days remand time. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 yrs 8 mos days /08/ /04/2013 From 17/12/2012 to 16/08/2013 Sentence 2 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 10 06/08/2013 N/A 07/04/2013 N/A The following examples illustrate the calculation of a single SDS of less than 2 years imposed for an offence committed on or after 01/02/2015 where the offender is subject to Post Sentence Supervision.

44 PAGE 42 EXAMPLE 12 Prisoner sentenced to 8 months on 16 February 2015 (O/C after 01/02/2015) with 21 days remand time. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 8 mos weeks days Sentence 1 From 16/02/2015_to 15/10/ /10/ /06/2015 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 21 24/09/2015 N/A 26//05/ /05/2016

45 PAGE 43 EXAMPLE 13 Prisoner sentenced to 20 months on 17 March 2015 (O/C after 01/02/2015). There were 28 days remand to custody and the court ordered 11 tagged bail days to count. On 10 May 2015 prisoner absconded and was not arrested until 7 June 2015, thereby incurring 29 days UAL. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 20 mos weeks days Sentence 1 From 17/03/2015 to 16/11/ /11/ /01/2016 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 39 08/10/2016 N/A 08/12/ /12/2016 Allowing for the 29 days UAL would adjust the dates to: SLED 06/11/2016 CRD 06/01/2016 TUSED 06/01/2017

46 PAGE Concurrent Standard Determinate Sentences Imposed on or after 3 December Where concurrent SDSs 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 the sentences run parallel. Each sentence is calculated separately and each has its own release dates. Release cannot take place until the latest CRD and release will be on licence to the latest SLED with Post Sentence Supervision to the latest TUSED where applicable If all the sentences are less than 12 months for offences committed before 01/02/2015, release is still at the half way point of each sentence and will be on an Automatic Release Date (ARD) which means release is unconditional to the latest SED Providing no release has taken place from one sentence before another one is imposed, any remand /tagged bail relevant to any of the sentences will reduce the effective (latest) release dates A period of temporary release does not provide a break between one sentence and another, but release on Home Detention Curfew (HDC) does.

47 PAGE 45 EXAMPLE 14 Concurrent SDSs imposed on the same occasion (neither are subject to Post SentenceSupervision): A prisoner is sentenced on 15/11/13 to 2 years with 3 years concurrent. There are 50 relevant remand/tagged bail days to count. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 2 yrs mos days /11/ /11/14 From 15/11/13 to 14/11/15 Sentence 2 3 yrs mos days /11/ /05/15 From 15/11/13 to 14/11/2016 Sentence 3 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 50 25/09/2016 N/A 27/03/2015 N/A

48 PAGE 46 The 3 years provides the latest release dates in columns C and E and so the 50 days remand/tagged bail are deducted from the release dates of the 3 years. EXAMPLE 15 Concurrent SDSs imposed on the same occasion where both are subject to Post SentenceSupervision Prisoner sentenced on 19 March 2015 to 10 months and 6 months concurrent, bothoffences are committed on or after 01/02/2015. No Remand or tagged bail time applicable. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 10 mos weeks days Sentence 1 From 19/03/2015 to 18/01/2016 yrs 6 mos weeks days /01/ /08/2015 Sentence 2 From _19/03/2015_to 18/09/2015 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 18/01/2016 N/A 18/08/ /08/2016 As both sentences were imposed on the same occasion and both are subject to Post Sentence Supervision, it is only the longest of the sentences that needs to be calculated on the sheet as that will be the one that provides the latest release dates in all the columns. The existence of the shorter sentence is simply noted.

49 PAGE 47 EXAMPLE 16 Concurrent SDSs imposed on the same occasion where one is subject to Post SentenceSupervision and one is not Prisoner sentenced on 12 February 2015 to 6 months for an offence committed after 01/02/2015 and 8 months concurrent for an offence committed before 01/02/2015. The court ordered 14 tagged bail days to count. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 6 mos weeks days Sentence 1 Sentence 2 From 12/02/2015 to 11/08/2015 yrs 8 mos weeks days From 12/02/2015 to 11/10/ /08/2015 (SLED) 91 13/05/2015 (TUSED applies) /10/2015 (SED) /06/2015 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicabledate in E minus F Please refer to instructions below** 14 27/09/ /07/ /05/ /04/2016 Because the 8 months is not subject to licence or Post Sentence Supervision, but has a later SED, the SLED of the 6 months becomes an LED which must be entered in Box H. Release is therefore, on licence on the latest release date which means the release date is a CRD. The licence expires at the SLED of the 6 months and the TUSED is 12 months after the notional CRD of the 6 month.

50 PAGE 48 EXAMPLE 17 Concurrent SDSs imposed on different occasions (Post Sentence Supervision notapplicable) A prisoner is sentenced to: 2 years on 17 May 2013 and there are 20 days remand 18 months concurrent was imposed on 27/03/14 no remand 12 months concurrent was imposed on 05/08/14 no remand A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 2 yrs mos days /05/ /05/14 From 17/05/13to 16/05/15 Sentence 2 yrs 18 mos days /09/ /12/14 From 27/03/14 to 26/09/15 Sentence 3 yrs 12 mos days /08/ /02/15 From 05/08/14 to 04/08/15 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 20 26/04/2015 N/A 26/04/2014 N/A 20 06/09/2015 N/A 06/12/2014 N/A

51 PAGE /09/2015 N/A 14/01/2015 N/A No release takes place from one sentence before the next sentence is imposed. Therefore any remand time directed against any of the sentences will be applied to the effective release dates produced by all the sentences (i.e. the latest dates in columns C and E). When Sentence 1 is imposed the 20 days are applied to its release dates. When sentence 2 is imposed, it gives later dates than sentence 1 and so the 20 days remand is applied to the dates of sentence 2 to give the effective release dates. Once all sentences have been imposed the latest CRD is from sentence 3 03/02/2015 and the latest SLED is from sentence 2 26/09/2015. Applying the 20 days remand time gives final release dates of CRD 14/01/2015 and SLED 06/09/2015.

52 PAGE 50 EXAMPLE 18 A prisoner is sentenced to: 18 months on 21 December 2012 no remand/tagged bail time 5 months concurrent on 5 August 2013 with 25 days remand A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 yrs 18 mos days /06/ /09/2013 From 21/12/2012 to 20/06/2014 Sentence 2 yrs 6 mos days /02/ /11/2013 From 5/08/2013 to 04/02/2014 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 20/06/2014 N/A 20/09/2013 N/A 25 26/05/2014 N/A 10/10/2013 N/A When Sentence 1 was imposed there was no remand/tagged bail time and so the release dates were those produced by the 18 months. When sentence 2 is imposed concurrently with 25 days remand, release hasn t taken place from sentence 1 so the remand time from sentence 2 is applied to the latest dates produced between the two sentences in columns C and E. The latest date in column C is the SLED 20/06/2014 and the latest date in column E is the ARD 04/11/0213. The 25 days remand/tagged bail is applied to these two dates to give effective dates of ARD 10/10/2013 and SLED 26/05/2014. Release will be on 10/10/2013 on a licence expiring on 26/05/2014.

53 PAGE 51 EXAMPLE 19 Concurrent SDSs imposed on different occasions where one is subject to Post SentenceSupervision and one is not. A prisoner is sentenced to: 18 months on 9 February 2015 for an offence committed before 01/02/2015 and no remand/tagged bail time 5 months concurrent on 5 October 2015 for an offence committed after 01/02/2015 with 25 days remand. A C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 18 mos weeks days Sentence 1 Sentence 2 From 09/02/2015_to 08/08/2016 yrs 6 mos weeks days From 05/10/2015_to 04/04/ /08/ /11/ /04/ /01/2016 (TUSED applies) EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 25 14/07/2016 N/A 10/12/ /12/2016 The 18 months provides the latest SLED and the 6 months provides the latest CRD so these dates are the dates to which the 25 days remand is applied to produce the effective release dates. As the latest CRD is from the sentence that is subject to Post Sentence Supervision, the TUSED can be calculated by adding 12 months on to the effective CRD (or CRD of the 6 months in Column E + 12 months less the 25 days remand)

54 PAGE Consecutive Standard Determinate Sentences Imposed on or after 3 December Subject to the exceptions set out in Paras and 5.8.4, SDSs imposed on or after 3 December 2012 that are ordered to be served consecutively to one another are aggregated (added together). Release will be conditional at the half way point of the aggregate (CRD), on a licence expiring at the end of the aggregate (SLED) For aggregates of 12 months or more but less than 2 years where at least one offence has been committed on or after 01/02/2015, OR aggregates of less than 12 months where ALL offences have been committed on or after 01/02/2015, Post Sentence Supervision applies. Therefore, in addition to the CRD and SLED, a TUSED will be required and is calculated as 12 months from the ½ way point of the aggregate (as adjusted by remand/tagged bail and any UAL). For example:- An SDS of 4 months with a consecutive 6 months SDS (where both offences were committed on or after 01/02/2015) will result in an aggregate and SLED of 10 months from date of sentence and a CRD of 5 months from date of sentence. Because both offences were committed on or after 01/02/2015, the aggregate is subject to Post Sentence Supervision. Therefore the TUSED will be 12 months after the CRD (as adjusted by remand/tagged bail and any UAL). An SDS of 6 months with a consecutive 8 months SDS (at least one offence committed on or after 01/02/2015) will result in an aggregate and SLED of 14 months from date of sentence and a CRD at 7 months from date of sentence. Because the aggregate is 12 months or more and at least one offence was committed on or after 01/02/2015, the aggregate is subject to Post Sentence Supervision. Therefore the TUSED will be 12 months after the CRD (as adjusted by remand/tagged bail and any UAL). Two consecutive SDSs of 4 years (irrespective of date of offence) will result in an aggregate and SLED of 8 years from date of sentence and a CRD of 4 years from date of sentence. An SDS of 6 months with a consecutive 18 months SDS (irrespective of date of offence) will result in an aggregate and SLED of 2 years from date of sentence with a CRD of 12 months from date of sentence. Exceptions to the guidance in Paras and above Aggregates of less than 12 months all offences committed before 01/02/ Where all the offences have been committed before 01/02/2015 and the length of the aggregate is less than 12 months release is unconditional at the ½ way point of the aggregate. Therefore the aggregate has an ARD and an SED. There is no licence or TUSED as no under 12 months aggregate imposed for offences committed prior to 01/02/2015 is subject to licence or Post Sentence Supervision. For example:- An SDS of 3 months with a consecutive 6 months SDS where both offences were committed before 01/02/2015, will result in an aggregate and SED of 9 months from date of sentence and an ARD at 4½ months from date of sentence. This means there is no licence issued on release and no TUSED required.

55 PAGE 53 Aggregates of less than 12 months offences committed both before and on or after01/02/ Where some of the offences have been committed before 01/02/2015 and some committed on or after that date and the length of the aggregate is less than 12 months, release will be at the ½ way point of the aggregate, on a licence, but the licence will only be for as long as the licence period in respect of the sentence(s) imposed for those offences committed on or after 01/02/2015. Post Sentence Supervision applies to the aggregate which means the TUSED will be 12 months after the CRD of the aggregate (as adjusted by remand/tagged bail and any UAL). They will therefore have a CRD, LED, SED and a TUSED. For example:- An SDS of 4 months imposed on 15/05/2015 for an offence committed after 01/02/2015 (and therefore, subject to licence and Post Sentence Supervision) with 4 months consecutive for an offence committed prior to 01/02/2015 which is not subject to licence or Post Sentence Supervision, would result in an aggregate and SED of 8 months from date of sentence, a CRD at 4 months from date of sentence, an LED at 6 months from date of sentence and a TUSED 12 months after the CRD of the aggregate. The calculation would be done as follows:- 8 months from 15/05/2015 ends 14/01/2016 = 245 days = 14/01/2016 (SED) CRD is half of 245 days rounded up = 123 days = 14/09/2015 TUSED is 12 months from the CRD = 14/09/2016 LED is 61 days from 14/09/2015 = 14/11/2015 To work out the applicable licence period, a notional calculation of only the sentence(s) that is subject to licence/post Sentence Supervision needs to be done. The number of days in the second half of that sentence becomes the number of days in the relevant licence period to be added to the CRD of the aggregate. We use the date of sentence to calculate this period. So, in the example above, 4 months from 15/05/2015 is 123 days divided by 2 rounded down gives a licence period of 61 days. 61 days added on to the CRD of the aggregate 14/09/ gives an LED of 14/11/2015. The lilac calculation sheet at Appendix B provides the template for calculating the LED for the above scenario and must be used in conjunction with the green calculation sheet The aggregate approach applies for those sentences imposed on or after 3 December 2012 on the same occasion and for those imposed on different occasions, providing the prisoner has not been released from the custodial part of the earlier sentence before the consecutive sentence is passed Any relevant remand/tagged bail time will bring ALL dates forward The following calculation sheet examples illustrate the different consecutive sentence scenarios where the sentences were imposed on or after 03/12/12:-

56 PAGE 54 EXAMPLE 20 A prisoner is sentenced on 23 February 2015 to 4 months and 6 months consecutive. All offences committed after 01/02/2015. There is no remand or tagged bail. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 10 mos weeks days Sentence /12/ /07/ mos 6 mos CS Sentence 2 From 23/02/2015 to 22/12/2015 yrs mos weeks days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 22/12/2015 N/A 24/07/ /07/2016 As all offences were committed on or after 01/02/2015 release from the under 12 months aggregate is on licence to the end of the aggregate and is subject to Post Sentence Supervision ending 12 months after the CRD.

57 PAGE 55 EXAMPLE 21 A prisoner is sentenced on 17 March 2015 to 6 months with 9 months consecutive. At least one offence was committed after 01/02/2015. There are 10 days tagged bail time to count. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 yrs 15 mos days /06/ /10/ months and 9 months consec From 17/03/2015to 16/06/2016 Sentence 2 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 10 06/06/2016 N/A 21/10/ /10/2016 The aggregate produced by the two sentences is more than 12 months and so release is conditional at the CRD half way point of the aggregate on a licence to the SLED at the end of the aggregate, but because one of the offences was committed after 01/02/2015 the aggregate is subject to Post Sentence Supervision; The TUSED is 12 months after the effective CRD.

58 PAGE 56 EXAMPLE 22 A prisoner is sentenced on 20 September 2013 to 3 years and 18 months consecutive (irrespective of date of offence).there are 30 relevant remand/tagged bail days. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 3 years and 18 mos consec 4 yrs 6 mos days From 20/09/13 to 19/03/ /03/ /12/2015 Sentence 2 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 30 17/02/2018 N/A 19/11/2015 N/A The two sentences are aggregated to produce one calculation of 4 years 6 months. The 30 days remand time reduces the SLED and CRD produced by the aggregate. Release will take place on 19/11/2015 on licence to 17/02/2018

59 PAGE 57 EXAMPLE 23 A prisoner is sentenced on 16 February 2015 to 6 months and 24 months consecutive (irrespective of date of offence). There is 60 days remand time to take into account. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 30 mos weeks days Sentence 1 6 mos 24 mos CS Sentence 2 From 16/02/2015_to 15/08/2017 yrs mos weeks days /08/ /05/2016 From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** 60 16/06/ /03/2016 N/A Because the aggregate is more than 2 years, release will be on licence to the SLED. The licence period is one of at least 12 months, hence there is no requirement for a TUSED even if one or more offences were committed on or after 01/02/2015.

60 PAGE 58 EXAMPLE 24 A prisoner is sentenced on 17 December 2012 to 3 months and 3 months consecutive. All offences were committed before 01/02/2015.There are no relevant remand/tagged bail days. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 yrs 6 mos days /06/ /03/ mos and 3 mos consec From 17/12/2012to 16/06/2013 Sentence 2 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 16/06/2013 N/A 17/03/2013 N/A The two sentences are aggregated (added together) and the length of the aggregate remains less than 12 months. Because all offences were committed before 01/02/2015, release will be unconditional at the half way point of the 6 months aggregate. No licence will be required. Therefore, there is an ARD and SED but no TUSED.

61 PAGE 59 EXAMPLE 25 Prisoner is sentenced on 22 February 2015 to 3 months for an offence committed after 01/02/2015 and 7 months consecutive for an offence committed before that date. There is no remand or tagged bail. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS yrs 10 mos weeks days Sentence /12/ /07/ mos (TUSED) From 22/02/2015 to 21/12/ mos CS Sentence 2 yrs mos weeks days From to Licence of 3 months sentence 22/02/15 21/05/15 = 89 / 2 RD =44 23/07/ = 05/09/15 EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below** EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 21/12/ /09/ /07/ /07/2016 Because one offence was committed before 01/02/2015 and one committed on or after that date and the length of the aggregate is less than 12 months, release will be at the ½ way point of the 10 month aggregate on a licence, but the licence will only be for as long as the licence period in respect of the 3 months sentence as this is the sentence that was imposed for the offence committed on or after 01/02/2015. Post Sentence Supervision applies to the aggregate which means the TUSED will be 12 months after the CRD of the

62 PAGE 60 aggregate. To find the relevant licence period, a notional calculation of the 3 months is carried out from date of sentence. Half of that 3 months rounded down is the number of days in the licence period. This number of days is added to the CRD of the aggregate to find the appropriate LED 05/09/2015. The lilac sheet at Appendix B must be used to carry out the calculation of the LED.

63 PAGE 61 EXAMPLE 26 Consecutive Standard Determinate Sentences Imposed on or after 03/12/12 but ondifferent Occasions A prisoner is sentenced on 2 August 2013 to 12 months and then receives a further sentence of 6 months consecutive on 18 November No remand time is directed against either sentence. Post Sentence Supervision is not applicable in this example. A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 yrs 12 mos days /08/ /01/ mos From 02/08/13 to 01/08/14 Sentence 2 12 mos and 6 mos consec yrs 6 mos days From 02/08/13 to 01/02/ /02/ /05/2014 Sentence 3 yrs mos days From to EFFECTIVE RELEASE DATES F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** NIL 01/08/2014 N/A 31/01/0214 N/A

64 PAGE 62 NIL 01/02/2015 N/A 03/05/2014 N/A When sentence 1 the 12 months - is imposed it will be calculated on the first line of the green calc sheet. Because release hasn t taken place from the 12 months by the time the 6 months consecutive is imposed, the 12 months forms an aggregate with the 6 months. The 18 months aggregate is then calculated on the second line of the sheet. There is no remand time and so release takes place on the CRD of the aggregate 03/05/2014 on licence to the SLED of 01/02/ Consecutive Sentences Imposed BEFORE 3 December 2012 Sentences of 12 months or more imposed before 3 December 2012 for offences committedon or after 4 April Such sentences are to be treated in the same way as Standard Determinate Sentences (SDS) imposed on or after 3 December 2012 for offences committed before 01/02/2015. Concurrent sentences run parallel to each other and consecutive sentences are aggregated. These sentences interact with each other and with SDSs imposed on or after 03/12/12 in exactly the same way as SDSs imposed on or after 03/12/12 interact with each other. Sentences imposed before 3 December 2012 for offences committed prior to 4 April 2005and all sentences of less than 12 months imposed before 3 December Sentences imposed before 3 December 2012 for offences committed BEFORE 4 April 2005 and all sentences of less than 12 months that were imposed before 3 December 2012 were single termed with one another and the length of the single term determined under which following 2003 Act release scheme they fall to be treated: Prisoners over 21 serving a sentence imprisonment, YOs serving a DYOI or term under Section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 Act of less than 12 months They have an Automatic release Date (ARD) at the ½ way point of the sentence and a Sentence Expiry Date (SED) at the end of the sentence. They were not subject to supervision on licence, but were released at risk unless the term was DYOI and the prisoner was under 22 at the point of release. In that scenario, release was on a 3 months notice of supervision. They were calculated on a white calculation sheet at APPENDIX B. Prisoners over 21 serving a sentence of imprisonment, YOs serving a DYOI or term under Section 91(3) of the PCC(S)A 2000 Act of 12 months or more but less than 4 years They have a Conditional Release Date (CRD) at the ½ way point, a Licence Expiry Date (LED) at the ¾ point and Sentence Expiry Date (SED) at the end of the sentence. They were calculated on a pink calculation sheet at APPENDIX B. Prisoners serving 4 years and over They have a Parole Eligibility Date (PED) at the ½ way point, Non Parole Date (NPD) at the ⅔ point, Licence Expiry Date (LED) at the ¾ point and Sentence Expiry Date (SED) at the end of the sentence. They were calculated on a blue calculation sheet at APPENDIX B. Conversion Prisoners serving 4 years or more whose half way point fell on or after 9 June 2008 and who were not serving any part of their sentence for a Schedule 15 offence

65 PAGE 63 were subject to conversion. They were no longer subject to the parole process but became entitled to automatic conditional releaseat the ½ way point (CRD) and a Sentence and Licence Expiry Date (SLED) at the end of the sentence. They were still calculated on a blue calculation sheet at APPENDIX B. Example 31 below refers For those sentences not subject to conversion, release was at risk of return to custody by the Courts under the power they had under Section 116 of the PCC(S)A 2000 (formerly Section 40 of the Criminal Justice Act 1991). Such a period was always calculated under one of the above schemes depending on its length. However, from 3 December 2012 the Courts no longer had the power to impose a period of imprisonment under Section 116. Therefore, no new Section 116 cases have been created and no further at risk notices were issued (or remained in force) on or after 3 December Relevant remand/tagged bail and (where appropriate) police custody time will be applied to the sentences see Chapter 4 for further information about the determination and application of such time The length of the sentence imposed must be converted to days To calculate an SED (or SLED in conversion cases), the number of days in the sentence less the number of days of relevant time is reckoned from the date of sentence To calculate a PED, ARD or CRD, divide the number of days in the total sentence by 2, rounding down fractions and deduct the resulting figure from the number of days to the SED/SLED. (The number of days to the SED/SLED is the total number of days in sentence less the relevant time). The resulting figure is reckoned from date of sentence To calculate an NPD, divide the number of days in the total sentence by 3, rounding down fractions and deduct the resulting figure from the number of days to the SED/SLED. (The number of days to the SED/SLED is the total number of days in sentence less the relevant time). The resulting figure is reckoned from the date of sentence To calculate an LED, divide the number of days in the total sentence by 4, rounding down fractions and deduct the resulting figure from the number of days to the SED/SLED. (The number of days to the SED/SLED is the total number of days in sentence less the relevant time). The resulting figure is reckoned from the date of sentence The following examples illustrate the calculation of single sentences, that were imposed prior to 3 December 2012, with and without relevant time:

66 PAGE 64 EXAMPLE 27 Prisoner sentenced to 9 months on 1 January 2009, no remand, police, or tagged bail time. White calculation sheet CASES DATES Sentence/Order Offence Committed Police Custody Remand Bail at prison/court Reception off bail Sentence 1/01/09 9 months Number of Days Sentence A. Total length of sentence From: 01/01/09 to 30/09/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = NIL SED = number of days at C C. Actual term (A B) 273 From date of sentence = 30 : 09 : 09 ARD = number of days at D D. Automatic release date C (A 2) 137 From date of sentence = 17 : 05 : 09 The sentence was less than 12 months, was calculated on a white sheet and had unconditional release at the half way point of the sentence. The prisoner would have remained at risk of return to prison by the Courts until the SED.

67 PAGE 65 EXAMPLE 28 Prisoner sentenced to 2 years on 9 October 2009 with 20 days remand and police time and 10 days court directed tagged bail time. Pink calculation sheet Number of Days A. Total length of sentence Sentence From: 09/10/09 to 08/10/ B. Time in custody to count Police from: 30/08/09 to: 31/08/09 = 2 Prison from: 21/09/09 to: 08/10/09 = 18 Prison from: to: = 30 Court Directed Tagged Bail time = 10 SED = number of days at C C. Actual term (A B) 700 From date of sentence = 08 : 09 : 11 CRD = number of days at D D. Conditional release date C (A 2) From date of sentence 335 = 8 : 09 : 10 LED = number of days at E E. Licence expiry date C- (A 4) From date of sentence 518 = 10 : 03 : 11 The prisoner would have been released at the half way point of the 2 years less remand/tagged bail time. Release would have been on a licence expiring at the threequarter point of the sentence less remand/tagged bail time, remaining at risk of return to prison by the courts until the SED at the end of the sentence less remand/tagged bail time.

68 PAGE 66 EXAMPLE 29 Prisoner sentenced to 6 years on 17 September 2009 with 100 days relevant time Offence was a Schedule 15 offence so not subject to conversion Blue calculation sheet s Number of Day Sentence A. Total length of sentence From: 17/09/09 to 16/09/ B. Time in custody to count Police from: to: = Prison from: 09/06/09 to: 16/09/09 = Prison from: to: = SED = number of days at C C. Actual term (A B) 2091 From date of sentence = 08 : 06 : 15 PED = number of days at D D. Parole eligibility date C (A 2) From date of sentence 996 = 08 : 06 : 12 NPD = number of days at E E. Non parole date C- (A 3) From date of sentence 1361 = 08 : 06 : 13

69 PAGE 67 LED = number of days at F F. Licence expiry date C (A 4) From date of sentence 1544 = 08 : 12 : 13 The prisoner would have been eligible to be considered for release on parole at the half way point of the sentence with automatic release at the two thirds point on a licence expiring at the three-quarter point. Although the end of the sentence is not until 8/06/2015, the prisoner would cease to be at risk of return to prison by the Courts under Section 116 on 2 December 2012 as the Courts no longer have that power on or after 3 December EXAMPLE 30 Prisoner sentenced to 6 years on 17 September 2009 subject to conversion Blue calculation sheet s Number of Day Sentence A. Total length of sentence From: 17/09/09 to 16/09/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = NIL C. Actual term (A B) 2191 SED = number of days at C SLED From date of sentence = 16 : 09 : 15 D. Parole eligibility date C (A 2) CRD 1096 PED = number of days at D CRD From date of sentence = 16 : 09 : 12 E. Non parole date C- (A 3) N/A NPD = number of days at E From date of sentence = : :

70 PAGE 68 F. Licence expiry date C (A 4) N/A LED = number of days at F From date of sentence = : : Although this prisoner was serving a sentence of more than 4 years for an offence committed prior to 4 April 2005, the offence was not a Schedule 15 offence. Because the half way point of the sentence falls on or after 9 June 2008, this prisoner was eligible for conversion. Therefore, the prisoner is no longer subject to the parole process, but can be automatically released at the half way point of the sentence on a licence expiring at the end of the sentence. The half way point becomes a CRD instead of a PED and the end of the sentence becomes a SLED instead of a SED. The NPD and LED are no longer relevant. EXAMPLE 31 Prisoner sentenced to 12 months on 1 October 2009 with 200 days relevant time. In this example, the amount of relevant time is greater than the custodial period, calculated as half of the total length of sentence. In these circumstances, the relevant time to count is the amount of relevant time required to extinguish the custodial period. The figure at B in the table is therefore half of the figure at A, rather than the full 200 days relevant time. If the prisoner were to be recalled from licence or was made subject to return under Section 116 of the PCC(S) A 2000 Act, the remaining 17 uncounted days of relevant time would count against the period of return or revoke. Chapter 4 covers this in more detail. Pink calculation sheet A. Total length of sentence From: 01/10/09 to 30/09/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = days relevant time would have been available to count towards a period of Section 116 or revoke in relation to this sentence. C. Actual term (A B) SED = number of days at C From date of sentence D. Conditional release date C (A 2) 182 = 31 : 03 : 10 CRD = number of days at D From date of sentence Nil to Serve = Immediate release

71 PAGE 69 LED = number of days at E E. Licence expiry date C- (A 4) 91 From date of sentence = 30 : 12 : 09

72 PAGE 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 Sentences that were imposed before 3 December 2012 for offences committed prior to 4 April 2005 and all sentences of less than 12 months imposed before 3 December 2012 were required to be single termed with one another, providing:- The sentences were imposed on the same occasion; or Where they were imposed on different occasions, the person had not been released at any time during the period between the date of the first sentence and the latest end date of the sentences. A period of temporary release does not break the single term, but release on HDC does Once the single term had been established, the length of the single term determined which 2003 Act release scheme for sentences imposed prior to 3 December 2012 the prisoner fell into (i.e. under 12 months, 12 months to less than 4 years, or 4 years or more) and it was then treated in the same way as a single sentence as set out in Para 5.7.2above when selecting the correct calculation sheet and calculating the release dates Any remand time/tagged bail/police custody (where appropriate), relevant to any of the sentences within the single term was applied to the single term Where a prisoner was released and immediately remanded for a court appearance at which a second sentence was imposed, no single term was created because the custodial periods of the two sentences had been broken by a period of remand. Similarly, where a prisoner reached the release date of one sentence but could not be physically discharged from the prison because the offender was required to remain on remand for further matters which subsequently resulted in another custodial sentence, there was no single term created because the sentenced time had been broken by the technical release from the first sentence However, if a prisoner was released and then given a second sentence on the same day then a single term was created since the first sentence did not expire until midnight on the day in question and the two sentences had not been broken by a period of remand Where a sentence was imposed on or after 30 September 1998 after a prisoner had been released at the ARD, CRD, PED or NPD of an earlier sentence, no single term was created. The second sentence simply ran parallel to the licence/ at risk period of the first. Chapter 6 covers this in more detail A sentence (including any Section 116 order (2000 Act), formerly Section 40 of the 1991 Act, for return, imposed at the same time) imposed before 30 September 1998 was required to be treated as a single term with an earlier sentence even if the prisoner had been released from the earlier sentence but had subsequently been recalled (having breached his/her licence), so that the offender was once more in custody serving the earlier sentence when the subsequent sentence was imposed Periods of imprisonment in default of payment of fines and civil terms of imprisonment cannot form part of a single term.

73 PAGE 71 Concurrent Sentences imposed before 3 December 2012 for offences committed prior to 4April 2005 and concurrent sentences of less than 12 months imposed before 3 December Where sentences, imposed before 3 December 2012 for offences committed prior to 4 April 2005 and all sentences of less than 12 months imposed before 3 December, were concurrent or partly concurrent and overlapping to each other, the single term ran from the date of imposition of the first sentence to the latest sentence expiry date (excluding any remand/tagged bail time). EXAMPLE 32 The Single Term concurrent and overlapping sentences S1 ARD1 SED1 S2 ARD2 SED2 Single term Sentence S2 was passed after sentence S1, but before the prisoner had been released from custody in respect of sentence S1. Therefore a single term was created. The court ordered sentence S2 to be served concurrently to sentence S1, so the single term is the period from S1 to SED2. For example:- A prisoner received a 3 months sentence on 31 July 2012 and concurrent 4 months on 17 August No release took place from the 3 months before the 4 months was imposed and so a single term is created as follows: The 3 months runs from 31/07/2012 to 30/10/12 The 4 months runs from 17/08/2012 to 16/12/2012 A single term runs from the date of first sentence to the latest end date. Therefore, the single term runs from 31/07/2012 to 16/12/2012 = 139 days The 139 day calculation would be on a white calculation sheet with unconditional release at the half way point and although the SED was not until 16/12/2012, the prisoner would cease to be at risk of return to custody by the courts on 02/12/2012 (the courts no longer have the power to return on or after 03/12/2012) Where concurrent and wholly overlapping sentences were imposed, and the sentences were single termed, a second sentence might have had no practical effect on the release date. This is illustrated by the following example.

74 PAGE 72 EXAMPLE 33 The Single Term - wholly concurrent sentences S1 ARD1 SED1 S2 ARD2 SED2 Single term Although S2 might appear to give a later release date, the single term runs from the beginning of S1 to the end of S1. The second sentence is in effect swallowed by the first. For example:- A prisoner received a 4 year sentence on 16/10/2010 and a concurrent sentence of 3 years on 15/03/011. No release took place from the 4 years before the 3 years was imposed and so a single term is created as follows: The 4 years runs from 16/10/2010 to 15/10/2014 The 3 years runs from 15/03/2011 to 14/03/2014 The single term runs from 16/10/2010 to 15/10/2014 which means the 3 years is wholly concurrent to the 4 years. There are 1461 days in the single term. As the single term is one of 4 years it would be calculated on a blue calculation sheet with a PED, NPD, LED and SED if the single term contained a sentence for a Schedule 15 offence, or it would have a CRD and SLED if there was no Schedule 15 offence. Consecutive Sentences Imposed before 3 December 2012 for Offences Committed Prior to4 April 2005 and all sentence of less than 12 months imposed before 3 December Sentences, imposed before 3 December 2012 for offences committed prior to 4 April 2005 and all sentences of less than 12 months imposed before 3 December 2012, which were to be served consecutively to one another, whether they were imposed on the same occasion or on different occasions, (providing no release took place from one sentence before the next was imposed), were added together and treated as a single term equal to the combined total of such sentences. For example, two consecutive sentences of 12 months resulted in a single term of 24 months. The 24 months would be calculated on a pink calculation sheet to produce a CRD at the half way point, and LED at the three-quarter point and an SED at the end of the single term.

75 PAGE Usually, where the intention of the court was that the new sentence or term should run from the end of the last of the consecutive sentences or terms to which the prisoner is subject, it will be clearly indicated that the further sentence was consecutive to the existing total period of imprisonment. However, where the precise intention of the court is not clear (e.g. whether the new sentence was consecutive to the total term or a particular sentence which makes up the total term), written confirmation must be sought from the court and, where appropriate, a new warrant obtained. EXAMPLE 34 Prisoner sentenced to: Sentence 1-3 years on 15/11/2010 and Sentence 2-3 years consecutive on 10/01/2012 Both offences were committed prior to 04/04/05, one of which was a Schedule 15 offence and there was no remand/tagged bail. Sentence 1 runs from 15/11/2010 to 14/11/2013 Sentence 2 runs from 15/11/2013 to 14/11/2016. There was no release from sentence 1 before sentence 2 was imposed. Therefore, the two sentences formed a single term that runs from 15/11/2010 to 14/11/2016. This is a single term of more than 4 years and it is not subject to conversion because part of the single term is for a schedule 15 offence. Therefore it would be calculated on a blue sheet with a PED, NPD, LED and SED 5.11 Multiple Sentences Comprising Sentences Imposed on or after 3 December 2012 and Sentences Imposed Before that Date N.B. For the purposes of the guidance in the following paragraphs, the reference to new sentence must be taken as referring to:- all sentences imposed on or after 3 December 2012 and all sentences of 12 months or more imposed before 3 December 2012 for offences committed on or after 4 April These two sentences are treated exactly the same as each other and are both calculated on the green calculation sheet Where they are concurrent to one another they run parallel to each other. Release will be on the latest CRD/ARD on a licence expiring at the latest SLED. Any remand/tagged bail time relevant to either of the sentences will be applied to the effective release dates produced by the sentences Where the sentences are consecutive to one another, they will be aggregated (added together). Release will be at the half way point of the aggregate on a licence expiring at the SLED at the end of the aggregate. Any remand/tagged bail time relevant to any of the sentences will count as time served towards the aggregate They therefore, interact in exactly the same way as each other with other types of sentence; hence the reference to new sentence in the guidance below applies to both of them.

76 PAGE 74 New sentences concurrent to sentences/single terms imposed on or after 1 October 1992but before 3 December 2012 for offences committed prior to 4 April 2005 andsentences/single terms of less than 12 months imposed before 3 December Where a new sentence is imposed before the release of a sentence/single term imposed on or after 1 October 1992 but before 3 December 2012 for an offence committed prior to 4 April 2005, or a sentence/single term of less than 12 months imposed before 3 December 2012, and is ordered to be concurrent to the earlier sentence/single term, the two sentences are treated separately. The new sentence will run parallel to the earlier sentence/single term and will be calculated on a green sheet. The earlier sentence/single term will have been calculated on a white, pink or blue calculation sheet depending on its length. Remand time relevant to any of the sentences/single terms will be applied to the latest release dates produced between the new sentence and the earlier sentence/single term. Release will be on the latest ARD/CRD produced by the two sentences and will be on licence to the latest SLED/LED. If both the new sentence(s) and the earlier sentences/single term have an SED because they are both less than 12 months, release at the latest ARD will be unconditional. The calculation sheets would be set out as per the following examples:

77 PAGE 75 EXAMPLE 35 Prisoner sentenced to 10 months on 5 November 2012 and then receives 12 months concurrent on 17 December There is no relevant remand/tagged bail for either sentence. The 10 months would have been calculated on a white sheet and the new 12 months would be calculated on a green sheet. White sheet A. Total length of sentence From: 05/11/2012 to 04/09/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = NIL SED = number of days at C C. Actual term (A B) From date of sentence 304 = 04 : 09 : 2013 ARD = number of days at D D. Automatic release date C (A 2) 152 From date of sentence = 05 : 04 : 2013 Establishment Date Reason for variation No of days SED ARD HMP Here 06/11/12 (Upon first reception after sentence) /09/ /04/2013 (See green sheet for effective release dates)

78 PAGE 76 Green sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 yrs 12 mos days /12/ /06/2013 From 17/12/2012 to 16/12/2013 Sentence 2 yrs mos days From to Sentence 3 yrs mos days From to When the calculation sheets are compared, the dates from the green sheet provide the latest release date (CRD) and the latest end date (SLED) so this prisoner would be released on 17/06/2013 on a licence expiring 16/12/2013. The white sheet must be annotated that the effective release dates are to be taken from the green sheet. EXAMPLE 36 Prisoner is sentenced to 18 months on 10 September 2012 for an offence committed prior to 04/04/05. There were 10 days remand credited towards this sentence. On 15 February 2013 a further sentence of 10 months was imposed and ordered to be concurrent to the earlier sentence. There were 5 days remand time (different to the 10 day period credited to the 18 months) that were relevant to the 10 month sentence. The 18 months would have been calculated on a pink sheet and the new 10 months will be calculated on a green sheet. Because any remand, relevant to any of the sentences, applies to the overall effective release dates the 5 days gets added to the earlier 10 days and the total 15 days is applied to both sentences; hence the 18 months on the pink calculation sheet would need to be adjusted once the further sentence is imposed:-

79 PAGE 77 Pink calculation sheet A. Total length of sentence From: 10/09/2012 to 09/03/2014 B. Time in custody to count 546 Police from: to: = Prison from: to: = 10 Prison from: to: = SED = number of days at C C. Actual term (A B) From date of sentence 22/02/2014 = 27 : 02 : 2014 CRD = number of days at D D. Conditional release date C (A 2) From date of sentence 25/05/2013 = 30 : 05 : 2013 LED = number of days at E E. Licence expiry date C- (A 4) From date of sentence 09/10/2013 = 14 : 10 : 2013 Initials Establishment Date Reason for variation No of days SED LED CRD Calc Check HMP Here 10/09/12 (Upon first reception after sentence) /02/14 14/10/13 30/05/13 HMP Here 15/12/2013 Further applicable remand 5 22/02/14 09/10/13 25/05/13 See green sheet for effective ARD

80 PAGE 78 Green calculation sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 yrs 10 mos days /12/ /07/2013 From 15/02/2013 to 14/12/2013 EFFECTIVE RELEASE DATES F G H TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F 15 29/11/ /07/2013 Establishment Date Reason for variation No of days Initials SLED CRD Calc Check HMP Here 15/12/13 (Upon first reception after sentence) /11/13 01/07/2013 See pink sheet for effective LED and SED When the two sheets are compared, the new 10 months sentence provides the latest release date ARD of 01/07/2013, but release from this particular sentence would be unconditional. Therefore, the LED from the pink sheet is the effective licence expiry date; The SED on the pink sheet is later than that on the green sheet and so becomes the effective SED. This means the prisoner would be released on 01/07/2013 on a licence expiring on 09/10/2013 with an SED of 22/02/2014. Care must be taken to annotate each sheet explaining the effective dates. EXAMPLE 37 Prisoner sentenced to 6 years on 15 September 2009 for a Schedule 15 offence committed prior to 04/04/05. There were 50 days remand to be counted towards the sentence. Then on 10 December 2012 the prisoner received a further sentence of 3 years

81 PAGE 79 ordered to be concurrent. There was no relevant remand/tagged bail time in respect of the 3 years. The 6 years would have been calculated on a blue sheet and was not subject to conversion and the 3 years is a new sentence and so would be calculated on a green sheet. Any time relevant to any of the concurrent sentences is applied to the overall effective release dates. Therefore, the 50 days must be applied to both sentences. Blue calculation sheet A. Total length of sentence From: 15/09/2009 to 14/09/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = SED = number of days at C C. Actual term (A B) 2141 From date of sentence = 26 : 07 : 2015 PED = number of days at D D. Parole eligibility date C (A 2) 1046 From date of sentence = 26 : 07 : 2012 NPD = number of days at E E. Non parole date C- (A 3) 1411 From date of sentence = 26 : 07 : 2013 LED = number of days at F F. Licence expiry date C (A 4) 1594 From date of sentence = 25 : 01 : 2014 Initials Establishment Date Reason for variation No of days SED LED NPD PED Calc Check HMP Here 15/09/09 (Upon first reception after sentence) /07/15 25/01/14 26/07/13 26/07/12 See green sheet for effective CRD and SLED

82 PAGE 80

83 PAGE 81 Green calculation sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 3 yrs mos days /12/ /06/2014 From 10/12/2012 to 09/12/15 Sentence 2 yrs mos days From to Sentence 3 yrs mos days From to F G H TOTAL NUMBER OF DAYS OF RELEVANT REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F 50 20/10/ /04/2014 Establishment Date Reason for variation No of days Initials SLED CRD Calc Check 10/12/ /10/ /04/2014 HMP Here (Upon first reception after sentence)

84 PAGE 82 Although the prisoner would be subject to the parole process in respect of the 6 year sentence, release could not take place until the later release date of the 3 year sentence. The 3 year sentence also gave a later SLED. Therefore, release would be on 21/04/2014 on a licence expiring on 20/10/2015. New sentences consecutive to sentences/single terms imposed on or after 1 October1992 but before 3 December 2012 for offences committed prior to 4 April 2005 andsentences/single terms of less than 12 months imposed before 3 December Where a new sentence is consecutive to sentences/single terms imposed on or after 1 October 1992 but before 3 December 2012 for offences committed prior to 4 April 2005 and sentences/single terms of less than 12 months imposed before 3 December 2012, the sentences are aggregated Release is once the aggregate of all the custodial periods has been served. Aggregation does NOT affect the release points of the sentence/single term imposed prior to 3 December If that sentence/single term had a PED and NPD it will keep those release points on aggregation: Where the aggregate itself is less than 12 months release is at the half way point (ARD) of the aggregate and will be completely unconditional. Any time relevant to any of the sentences will be applied to the aggregate. The aggregate is done on a green calculation sheet. Where the aggregate is 12 months or more and comprises a new sentence consecutive to a sentence/single term of less than 4 years release is at the half way point (CRD) of the aggregate on a licence to the SLED at the end of the aggregate. Any court directed time and any additional remand time relevant to the new sentence will be applied to the aggregate. The aggregate is done on a green calculation sheet. Where the aggregate comprises a new sentence consecutive to a sentence/single term of 4 years or more that was not subject to conversion The sentences form an aggregate to find the SLED, but then they must be separated out to find the effective PED and NPD. To do this the new sentence will be calculated first from the date of first sentence to find a notional CRD. The 4 years or more sentence/single term will then be calculated from the day after the notional CRD to find the effective PED and NPD. The prisoner will be eligible for parole consideration at the PED, automatic release at the NPD on a licence expiring at the SLED at the end of the aggregate. Any court directed time and additional remand relevant to the new sentence will be applied to the aggregate. This calculation will require both a green and a blue calculation sheet. Where the aggregate comprises a new sentence consecutive to a sentence/single term of 4 years or more that WAS subject to conversion release is at the half way point (CRD) of the aggregate on a licence expiring at the SLED at the end of the aggregate. Any court directed time and any additional remand time relevant to the new sentence will be applied to the aggregate. This aggregate is done on a green calculation sheet The following examples show how the calculation sheets would be look for mixtures of new sentences imposed consecutively to sentences imposed prior to 3 December 2012.

85 PAGE 83

86 PAGE 84 EXAMPLE 38 Prisoner sentenced on 17 October 2012 to 6 months. Before release, a further sentence of 3 months is imposed on 18 December 2012 and ordered to be consecutive to the earlier sentence. There was no relevant time applicable to either sentence. The 6 months would have originally been calculated on a white sheet. However, once the consecutive 3 months is imposed, an aggregate of 9 months is created and calculated on a green calculation sheet;- Original White Sheet A. Total length of sentence From: 17/10/12 to 16/04/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = NIL SED = number of days at C C. Actual term (A B) From date of sentence 182 = 16 : 04 : 2013 ARD = number of days at D D. Automatic release date C (A 2) 91 From date of sentence = 15 : 01 : 2013 Establishment Date Reason for variation No of days Initials SED ARD Calc Check HMP Here 17/10/12 (Upon first reception after sentence) /04/13 15/01/13 See green sheet for effective dates

87 PAGE 85 Green Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 6 MOS + 3 MOS CONSEC yrs 9 mos days From 17/10/12 to 16/07/ /07/ /03/2013 Sentence 2 yrs mos days From to Establishment Date Reason for variation No of days Initials SLED/SED CRD/ARD Calc Check HMP Here 18/12/12 Further Sentence (Upon first reception after sentence) /07/13 02/03/13 Because the aggregate is one of less than 12 months. Release is at the half way point of the aggregate (ARD) and is completely unconditional. Care must be taken to annotate the original white sheet that the effective release dates are on the green sheet. EXAMPLE 39 Prisoner sentenced to 2 years on 31 May 2012 for an offence committed prior to 04/04/05 and there were 20 days relevant remand to count. On 15 February 2013, a further sentence of 18 months consecutive was imposed and there were an additional 10 days remand (A different period to the 20 days) applicable to this sentence. The 2 years would

88 PAGE 86 have been calculated on a pink sheet, but when the 18 months consecutive is imposed, an aggregate of 3 years 6 months is created and calculated on a green sheet; Original pink sheet A. Total length of sentence From: 31/05/2012 to 30/05/ B. Time in custody to count Police from: to: = Prison from: to: = Prison from: to: = SED = number of days at C C. Actual term (A B) From date of sentence 710 = 10 : 05 : 2014 CRD = number of days at D D. Conditional release date C (A 2) From date of sentence 345 = 10 : 05 : 2013 LED = number of days at E E. Licence expiry date C- (A 4) From date of sentence 528 = 09 : 11 : 2013 Establishment Date Reason for variation No of days SED LED Initials CRD Calc Check HMP Here 31/05/12 (Upon first reception after sentence) /05/14 09/11/13 10/05/13 See Green sheet for effective release dates

89 PAGE 87 Green Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD (Number of days at D reckoned from DOS) Sentence 1 2 years + 18 mos consec 3 yrs 6 mos days From 31/05/12 to 30/11/ /11/ /03/2014 Sentence 2 yrs mos days From to EFFECTIVE RELEASE DATES F G H TOTAL NUMBER OF DAYS OF RELEVANT REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F 30 31/10/ /01/2014 Establishment Date Reason for variation No of days Initials SLED/SED CRD/ARD Calc Check HMP Here 15/02/13 Further sentence (Upon first reception after sentence) /10/ /01/2014 Release is at the half way point of the aggregate (CRD) on a licence expiring at the end of the aggregate. The total 30 days relevant remand time is applied to the aggregate. The pink sheet must be clearly annotated that the effective release dates are on the green sheet.

90 PAGE 88 EXAMPLE 40 Prisoner was sentenced on 13 October 2011 to 5 years for a Schedule 15 offence committed before 04/04/05. The prison allowed 60 days remand to count against this sentence. On 8 August 2013 a further sentence of 2 years is imposed and ordered to be consecutive to the 5 years. There is no further relevant time applicable to the 2 years. The 5 years would have been calculated on a blue calculation sheet. However, once the 2 years is imposed an aggregate of 7 years is created for the SLED. Aggregating does not alter the fact that the 5 year sentence must retain eligibility for parole at the half way point and automatic conditional release at the two thirds point. Therefore, once the SLED has been found, the sentences must be calculated separately to find the effective PED and NPD. The sentence with the PED is always calculated last, so that should parole be authorised physical release can actually take place. Hence, the 2 years is calculated from the date of first sentence 13/10/11 to give a notional CRD and then the 5 years is calculated from the day after that to find the effective PED and NPD:-

91 PAGE 89 Blue Calculation Sheet A. Total length of sentence From: 13/10/11 to 12/10/ Effective PED/NPD 14/08/12 13/08/17 = 1826 B. Time in custody to count Police from: to: = Prison from: to: = 60 Prison from: to: = 60 NIL C. Actual term (A B) SED = number of days at C From date of sentence = 13 : 08 : 2016 D. Parole eligibility date C (A 2) /02/2015 PED = number of days at D From date of sentence = 12 : 02 : 2014 NPD = number of days at E E. Non parole date C- (A 3) /12/15 From date of sentence = 13 : 12 : 2014 LED = number of days at F F. Licence expiry date C (A 4) 1311 From date of sentence = 15 : 05 : 2015 Initials Establishment Date Reason for variation No of days SED LED NPD PED Calc Check HMP Here 14/10/11 (Upon first reception after sentence) /08/16 15/05/15 13/12/14 12/02/14 HMP Here 08/08/13 Further sentence 2557 See green sheet for effective SLED 14/12/15 12/02/15

92 PAGE 90 Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 7yrs mos days Aggregate SLED 5 years + 2 years consec From 13/10/11 to 12/10/ /10/18 Notional CRD Sentence 2 notional CRD of 2 years 2 yrs mos days From 13/10/11 to 12/10/ /10/12 F G H TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD notional Latest date in E minus F 60 13/08/18 13/08/12 See blue sheet for effective PED and NPD Establishment Date Reason for variation No of days Initials SLED CRD Calc Check HMP Here 08/08/13 Further sentence (Upon first reception after sentence) /08/18 See blue calc sheet for effective PED and NPD Once the consecutive 2 years is imposed, the aggregate 7 years SLED is calculated on the green sheet with the 60 days remand time applied. The notional CRD of the 2 years must then be found on the green sheet with the 60 days remand allowed against it. A new calculation is then carried out on the blue sheet for the 5 years starting from the day after the notional CRD on the green sheet. No remand is applied to the new calculation on the blue sheet as the remand has already been dealt with on the green sheet against the notional CRD. To allow the 60 days on the new blue sheet calculation would mean a total

93 PAGE 91 of 120 days would have been applied to the overall aggregate and a period of remand can only count once to the overall sentence envelope. Care must be taken to annotate each sheet of where the effective dates can be found. This prisoner would be eligible for consideration for release on parole on 12/02/2015, Non Parole release on 14/12/15 on a licence expiring on 13/08/2018. New sentences and sentences imposed before 1 October Where a new sentence is imposed concurrently or consecutively to a sentence imposed before 1 October 1992 advice should be sought from the sentence calculation helplines.

94 PAGE 92 Annex B PRISON SERVICE INSTRUCTION 03/2015 OPERATIONAL GUIDANCE PART II Changes in circumstances Chapter 6 Chapter 7 Chapter 8 Chapter 9 PRISONERS SENTENCED AFTER RELEASE FROM AN EARLIER SENTENCE OR RETURNED OR RECALLED TO CUSTODY UNLAWFULLY AT LARGE TIME APPEALS ADDED DAYS AWARDED

95 PAGE 93 CHAPTER 6 - PRISONERS SENTENCED AFTER RELEASE FROM AN EARLIER SENTENCE OR RETURNED OR RECALLED TO CUSTODY 6.1 PURPOSE The purpose of this chapter is to provide guidance on how to calculate the sentences of those prisoners who are sentenced after they have been released from an earlier sentence and/or returned or recalled to custody 6.2 Prisoners sentenced after release from an earlier sentence From 14 July 2008 the courts have not had the power to impose a consecutive sentence where a prisoner has been released from the initial custodial part of an earlier sentence, even if the prisoner has been subsequently recalled for breach of licence and is back in custody in respect of the first sentence when the new sentence is imposed. For this purpose, release includes release on Home Detention Curfew, but does not include release on temporary licence (ROTL) The two sentences (licence revoke and new sentence) will, in effect, run in parallel and the following three principles will apply in such cases: (i) (ii) (iii) 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 re-released following a review after recall, until he or she is required to be released, or is eligible for release, in respect of each sentence; the prisoner will be on licence, following release, for as long as is required by the sentence which gives the latest licence expiry date; Example 41 S1 CRD1 SLED1 Recall S2 CRD2 SLED2 The prisoner is released on licence from the custodial part of sentence S1. A short time later, the prisoner is recalled to prison until SLED1. At the same time, the prisoner receives a new sentence of imprisonment. The recall and new sentence run in parallel. The release date in respect of sentence S2 (CRD2) is later than the release date in respect of the recall (SLED1), so CRD2 takes precedence. The prisoner will be released on licence until SLED If the court does impose a consecutive sentence this should be queried with the sentencing court and a draft letter that can be used is attached at APPENDIX E.

96 PAGE If the court decline to amend the consecutive direction, the court order in the possession of the Prison Service must be obeyed and the new sentence calculated from the day after the release date of the licence revoke. The prisoner must be informed and advised to seek legal advice with a view to appealing the consecutive direction. 6.3 Licence recalls including HDC recalls This Sentence Calculation PSI does not go into detail about the re-release arrangements for recalls as these can be found in the Recall, Review, Re-Release of recall Offenders PSI 30/ However for all recalls the original calculation must be checked in order to establish the correct re-release date. This means that the original Orders of imprisonment and calculation sheet(s) must be requested immediately from the establishment who last released the prisoner.as soon as such a request is received, the documents must be faxed/scanned to the current establishment and the hard copies of the records and warrants forwarded in the post. The records and warrants are the current documents on which the prisoner is being held following the revocation of the licence, hence they must be sent to the holding establishment without delay Until this information is obtained, prisons cannot confirm that the prisoner is being held lawfully to the correct re-release date Once the information is obtained, the re-release date must be calculated and checked Where a prisoner has been UAL following recall, the guidance set out in Chapter 7 should be followed For Fixed Termed Recalls (14 days in respect FTR recall from sentences/aggregates of less than 12 months and 28 days in respect of FTR recall from sentences of 12 months or more) the 14/28 days to serve is calculated from date of revocation if the prisoner is already in custody on that date. If the prisoner is not in custody on date of revocation, the 14/28 days will be calculated from the date of arrest by the police following the date of revocation. The 14/28 day calculation cannot start on a date occurring before the date that the recall was issued. Any UAL time is added to the SLED only. 6.4 Prisoners returned to prison under Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 40 of CJA 1991) From 3 December 2012, the courts no longer have the power to return a person to custody under Section Before 3 December 2012, the power only applied to those prisoners who were released from sentences imposed for offences committed before 4 April 2005 and any sentence of less than 12 months. Such prisoners were released at risk from the date of release until the sentence expiry date If a prisoner committed an imprisonable offence during the at risk period of an earlier sentence, and was subsequently convicted of that offence, a court could make an order under section 116 for him or her to be returned to prison for the whole or any part of the period which began with the date of the order and was equal in length to the period between the date the new offence was committed and the sentence expiry date of the earlier sentence.

97 PAGE Where the precise date of the offence was not known by the court, but it was known that it was committed between two dates, the later date was treated as the date of the offence for the purposes of a section 116 order. A section 116 order did not have to be imposed before the SED of the earlier sentence A Magistrates Court did not have the power to return a prisoner for a period of more than six months but could commit the prisoner in custody, or on bail, to the Crown Court if the at risk period was greater than 6 months The section 116 order is treated as though it is a sentence of imprisonment imposed for an offence committed prior to 4 April 2005 in that the length of the Section 116 determines which 2003 Act release scheme applies. It will commence on the day the court ordered the return to prison. It will, as the court directs, be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence. Chapter 5 provides more details of how sentences imposed for offences committed before 4 April 2005 interact with other sentences subject to the different release schemes in the CJA It was possible for a prisoner to be given a section 116 return as well as having been recalled by the Secretary of State. In these circumstances the section 116 return and any new sentence runs parallel to the recall and release cannot take place until he or she is required to be released, or is eligible for release, in respect of each sentence; For prisoners whose offences were committed on or after 30 September 1998, if the section 116 term, together with any new sentence imposed, amounted to a term of less than 12 months, the prisoner was automatically released on a Section 40A notice of supervision at the half way point of the term. This notice of supervision remained in force for a period of 3 months Although no new Section 40A notices of supervision were created on or after 3 December 2012, existing notices that did not expire until on or after 3 December 2012 remained in force. If a person breached the notice, the court were able to impose a fine or a period of imprisonment equal to the number of days between the date of the breach and the expiry of the notice. Release would be at the half way point of any such term imposed and would only be on anything extant from the original 3 months Section 40A notice of supervision.

98 PAGE 96 CHAPTER 7 - UNLAWFULLY AT LARGE TIME 7.1 General Remarks When a sentenced prisoner (including a fine defaulter, a contemnor or a civil prisoner and those serving a Detention and Training Order) has been unlawfully at large (UAL) from prison and is then returned to custody, the period of absence will not be treated as part of the sentence served unless the Justice Secretary directs that it should In exceptional circumstances, it may be appropriate to allow a period spent UAL to count towards the sentence. Periods of UAL may only be allowed to count on the recommendation of the Deputy Director of Custody (DDC) and where it has been approved by Ministers. There is no Royal Warrant involved in allowing time spent UAL to count against sentence, which is distinct from the exercise of the Royal Prerogative. Rather a note signed by the DDC confirming the decision will be sent to the establishment. This must be filed securely on the prisoner s Custodial Documents File The Offender Management Public Protection Group (OMPPG) of NOMS are responsible for handling applications for UAL time to count. Examples of what NOMS would consider when looking at exceptional circumstances can be found at APPENDIX F of these guidance notes. This list is not exhaustive and individual cases will be considered on their own merit Only in very exceptional circumstances would the Justice Secretary consider allowing UAL time that equated to more than 50% of the sentence term to count against sentence. 7.2 Calculation of the period unlawfully at large The period unlawfully at large will extend all the dates of a sentence, (including the SED and any TUSED), when the prisoner is returned to custody. At the point at which the UAL period begins, the sentence is in effect frozen. On the prisoner s return to custody those original dates are deferred by the days UAL. 7.3 Escapes/Absconds before 21 July Both the day of escape/abscond and the day of recapture will count as part of the custodial period of the sentence for calculation purposes i.e. neither day will be time UAL. 7.4 Escapes/Absconds on or after 21 July The day of escape/abscond and the day of recapture will not count as part of the custodial period of the sentence for calculation purposes i.e. both days will be time UAL Time spent in police detention following recapture is to be treated as time served toward the custodial period of the sentence under the same principles set out above. 7.5 Failures to Return from Temporary Release prior to 21 July Where a prisoner has failed to return on time from a period of temporary release, and has not been returned to custody before midnight of the due return day, the first day of UAL will begin the following day and the last day of UAL will be the day before their return to custody for calculation purposes. 7.6 Failures to Return from Temporary Release on or after 21 July 2008

99 PAGE Where a prisoner has failed to return on time from a period of temporary release, and has not been returned to custody before midnight of the due return day, that day will be treated as the first day of UAL. The last day UAL will be the day of their return to custody for calculation purposes In all the instances above if the prisoner considers that they should not be treated as being UAL then they must make an application giving their exceptional circumstances. 7.7 Licence recalls A prisoner whose licence has been revoked whilst not in custody will be deemed to be unlawfully at large. For sentence calculation purposes the first day of UAL time will be the day following the revocation of licence. The last day of UAL will be the day before arrest. This also applies to revocations of temporary release licences As a general rule, applications for the remitting of UAL time in recall cases will be considered by the Public Protection Casework Section (PPCS). In all other cases they will be handled by the OMPPG. In cases of doubt, or where particular facts of the case require it, advice on handling of applications can be made to either to PPCS or OMPPG On a 14 or 28 day FTR any UAL extends the SLEDand TUSED but not t the 14/28 days to be served. The 14/28 days is simply calculated from the first day back into custody following the date of recall. 7.8 Releases in error Where a prisoner has been deemed to be UAL as a result of being released in error due to an administrative error, the first day UAL will be the day after the release in error took place and the last day will be the day before arrest/return to custody The prisoner will need to be told that the time they were released in error will be treated as UAL time but that they can make application asking that the time count. This will then be looked at in the usual way as described in paragraph above. 7.9 Sentenced prisoners held in a foreign country pending extradition A sentenced prisoner who escapes/absconds from a sentence being served in England and Wales and who is subsequently recaptured in a foreign country, including the Irish Republic, may make an application, on return to custody in the UK, for the time spent in custody abroad pending extradition to count as time served towards the sentence being served in the UK. Such applications must be submitted to the Offender Management Public Protection Group in NOMS Where the time spent in custody abroad occurred before sentence was imposed in the UK, the prisoner is not UAL from a sentence. Therefore it is a matter for the sentencing court to determine whether or not the time in custody abroad will be counted as time served towards the sentence that they impose. The Prison Service cannot allow the time unless it has been directed to count by the court Effect Of Being Unlawfully At Large On The Sentence(S) Being Served Effect of being unlawfully at large on consecutive sentences If a prisoner has been unlawfully at large and subsequently receives a consecutive sentence, the sentence/aggregate will be calculated in the normal way from the date of the

100 PAGE 98 original sentence. The resulting release dates will be extended by the period unlawfully at large. Effect on being unlawfully at large on concurrent sentences that are not single termed withone another and run parallel to one another Where concurrent sentences are running parallel to one another, I.E. where:- the sentences were all imposed on or after 3 December 2012 the sentences are 12 months or more imposed prior to 3 December 2012 for offences committed on or after 4 April 2005 some sentences were imposed on or after 3 December 2012 and some were imposed before that date for offences committed prior to 4 April 2005 Some sentences are for 12 months or more imposed before 3 December 2012 for offences committed on or after 4 April 2005 and some sentences were imposed before 3 December 2012 for offences committed prior to 4 April 2005 The UAL time will be added to all dates of the sentences that were actually being served at the time the prisoner went UAL In the above scenarios, if the UAL occurred from one sentence before the imposition of the concurrent sentence, the UAL will only defer the release dates of the earlier sentence. It must not be added to the release dates of the concurrent sentence that was imposed after the period of UAL. Effect of being unlawfully at large on concurrent sentences imposed before 3 December2012 for offences committed prior to 4 April Such sentences were single termed with one another. If the prisoner received a concurrent sentence that overlapped the re-calculated SED after UAL had been added, the following applied: (i) (ii) if the period UAL occurred after the imposition of the latest concurrent and overlapping sentence, release dates on the single term will already have been calculated. The number of days UAL must be added to all the calculated release dates. if the prisoner received a concurrent and overlapping sentenceafter a period of UAL, a net single term must be used as the calculation period (see example below). The net single term will also determine the 2003 Act release scheme. The release dates calculated must then be extended by the period UAL. Example 42 Prisoner escapes and is at large for 3 months (i) 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):

101 PAGE 99 S1 UAL ARD SED1 (iii) sentence profile after new 12 month concurrent sentence imposed on 31 July 2001 (one month after recapture): S1 UAL ARD SED1 S2 SED2 The net single term is the period from S1 to SED2, minus the UAL period (i.e. 19 months minus 3 months = 16 months).the release date is now the half-way point of the net single term, which is extended by the UAL period (i.e. 8 months plus 3 months = 11 months). The single term release date is therefore 29 November 2001) Absconders from other UK jurisdictions 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.

102 PAGE 100 CHAPTER 8 - APPEALS 8.1 General Remarks An appeal can result in an increase as well as a decrease in sentence length. 8.2 Effect of a quashed sentence or conviction on remand time for other matters Where the appeal court quashes a sentence or conviction any remand time for separate charges that was being served at the same time as the sentence BEFORE the appeal took place is still considered to be remand time served at the same time as a sentence and cannot be considered as relevant time to count towards any subsequent sentence imposed for those separate charges. The quashing of a sentence is not retrospective. 8.3 Crown Court Appeal Crown Courts hear all cases on appeal from the magistrates or youth court afresh and such cases represent a completely new hearing 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) Where the Crown Court imposes a sentence of a different length from that imposed by the lower court, the release dates will be calculated as follows: (a) (b) (c) determine the number of days in the sentence imposed by the Crown Court, reckoned from the date of the determination of the appeal; deduct any relevant remand/tagged bail time applicable to the original sentence; deduct the term already served from the date of the original sentence, unless the Court orders otherwise, in which case deduct only the period specified by the Court; (d) calculate the appropriate release dates on the balance of the sentence. 8.4 Court of Appeal (Civil and Criminal Divisions) These courts hears appeals against sentence and judicial reviews in respect of decisions taken in respect of a prisoner (for example the prisoner may claim that the prison have wrongly calculated the sentence) 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 Where a prisoner serving concurrent or consecutive sentences appeals against one of the sentences and it is quashed on appeal, it will be treated as a nullity and the remaining sentence(s) will be recalculated as though the quashed sentence had never been imposed. Such cases should be referred to the sentence calculation helplines for advice on the calculation Where a custodial sentence is substituted for a non custodial sentence, the custodial sentence will run from the date that the original non custodial sentence was imposed unless the appeal court directs that it should start to run from a later date..

103 PAGE Where the Court of Appeal orders a re-trial, the re-trial is considered to be part of the court of appeal process. Therefore, any new sentence imposed at the re-trial will start from the original Crown Court sentence date. 8.5 Supreme Court An appeal to the Supreme Court must involve a fundamental point of law. Such cases are comparatively rare. A Supreme Court judgment has the same effect, for the purposes of sentence calculation, as a judgment in the Court of Appeal as described above. 8.6 Time spent on bail pending appeal Time spent on bail pending appeal does not count towards the sentence. For example: Prisoner is sentenced to 4 years on 12/08/13 then on 30/12/13 the prisoner s appeal is heard and a re-trial is ordered. Pending the re-trial the prisoner is bailed on 30/12/2013. The re-trial is heard in the Crown Court and on 03/03/14 and sentenced to 3 years 6 months. When calculating this sentence the 3 years 6 months will run from the date of the original sentence, 12/08/13. Then all dates, as calculated, must be deferred by the 62 days spent on bail not to count.

104 PAGE 102 CHAPTER 9 - ADDITIONAL DAYS AWARDED (ADAs) 9.1 General Remarks If a prisoner is found guilty of a breach of Prison Rule 51 or Young Offender Institution Rule 55, that prisoner, or young offender, serving a determinate sentence (other than a young offender serving a DTO) may be ordered to serve additional days. ADAs will be added to all release dates except the TUSED and the SED/SLED (subject to Paragraphs and below) The imposition of ADAs cannot take the release date (or licence expiry date where applicable) beyond the end of the sentence (SED/SLED) Where an LED has been created by a SLED of one sentence falling before a SED of a concurrent sentence, because the LED is an end of sentence date (SLED) in its own right, ADAs must not be added to the effective LED or SED created by those concurrent sentences Where an LED has been created on an under 12 month aggregate comprising some sentences for offences committed on or after 01/02/2015 and some sentences for offences committed before that date, the LED is not an end of sentence date in its own right., Therefore ADAs WILL extend the LED as well as the CRD of the aggregate ADA s cannot be given to prisoners serving terms in default (fines or confiscation orders) or to civil prisoners where the warrant of commitment was issued on or after 4 April Remitting ADAs A prisoner may have ADAs remitted (RADAs), or adjudications for which they have received punishments of ADAs quashed. In such cases all release dates affected by the ADAs will be reduced by the number of days remitted/quashed. 9.3 ADAs Awarded Prior to 2 October ADAs awarded prior to 2 October 2000 were awarded by a Governor. ADAs awarded on or after that date may only be awarded by an Independent Adjudicator as per the decision made by the European Court of Human Rights. Therefore, any ADAs that were awarded by a Governor on or after 2 October 2000 are invalid and must not be applied to any calculation. ADAs awarded by the Governor BEFORE 2 October 2000 remain valid and should be applied to the sentences in the same way that ADAs awarded by an Independent Adjudicator are applied as per the following guidance. 9.4 ADAs and Single sentences imposed on or after 3 December 2012 or single sentences of 12 months or more imposed before that date for offences committed on or after 4 April For single sentences imposed on or after 3 December 2012 and any sentences of 12 months or more imposed before 3 December 2012 for offences committed on or after 4 April 2005, ADAs may only be applied to the CRD/ARD (and PED in the case of extended sentences imposed under section 226A or 226B and those extended sentences imposed under section 227/228 prior to 14 July 2008). They cannot extend the release date beyond the SLED/SED and must not extend any TUSED.

105 PAGE 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 Sentences imposed prior to 3 December 2012 for offences committed before 4 April 2005 and sentences of less than 12 months imposed prior to 3 December 2012 form single terms with one another and ADAs will be applied to the ARD/CRD/PED/NPD/LED of the single term. They cannot extend the dates beyond the SED. Therefore ADAs are not applied to the SED. 9.6 ADAs and Concurrent sentences that run parallel to one another Where there are concurrent sentences that run parallel to one another that do not form a single term with one another:- Where all the sentences were imposed on or after 3 December 2012 Where all the sentences were 12 months or more imposed before 3 December 2012 for offences committed on or after 4 April 2005 Where sentences are imposed on or after 3 December 2012 concurrent to sentences imposed before 3 December 2012 for offences committed before 4 April Where there are sentences/single terms imposed before 3 December 2012 for offences committed prior to 4 April 2005 or sentences/single terms comprising sentences of less than 12 month imposed prior to 3 December 2012 that are concurrent to sentences of 12 months or more imposed prior to 3 December 2012 for offences committed on or after 4 April 2005 Any ADAs awarded during the currency of any of the concurrent and overlapping sentences will defer the overall effective ARD/CRD/NPD/PED. (I.E. any ADAs will affect ALL effective release dates except the SLED and will not affect any TUSED). Example 43 sentence imposed before 3/12/12 S1 CRD1 sentence imposed after 3/12/12 S2 CRD2 ADAs imposed ADAs will defer CRD2 as that is the latest release date produced by the concurrent sentences.

106 PAGE 104

107 PAGE 105 EXAMPLE 44 O/Cimposed before 3/12/12 Pre 04/04/05 S1 CRD1 LED1 SED1 imposed after 3/12/12 S2 CRD2 SLED2 ADAs imposed ADAs will defer CRD2 and LED 1 but not SED 1 or SLED N.B. For Concurrent Sentences Imposed on Different Occasions,care must be taken where a sentenced prisoner is given ADAs and commences serving the ADAs before a further sentence is imposed. The sentences will be calculated in the usual way but the resultant effective release dates, (except the SED/SLED/TUSED), will be deferred by the balance of ADAs that were left to serve at the point that the new sentence was imposed. 9.7 ADAs and Consecutive Sentences Where sentences/single terms are consecutive to one another, the sentences form an aggregate. Any ADAs awarded during the custodial periods of any part of the aggregate will defer the effective ARD/CRD/NPD/PED produced by the aggregate. This means that RADAs may be considered at any point within the custodial periods of the aggregate. 9.8 ADAs and Existing Prisoners (EPs) For those prisoners sentenced before 1 October 1991, ADAs will not change the PED, but such punishments must be notified to the Parole Board immediately so that any approved parole date may reflect the ADAs Further information on adjudications and added days may be found in PSI 47/ Prospective Additional Days (PADAs) A prisoner on remand may be awarded PADAs. Should the prisoner subsequently receive a custodial sentence to which the remand time is applied, the release dates of that sentence will be deferred by the number of PADAs. If you do not apply the period of remand to the sentence then you cannot apply the PADAs awarded during that period of remand Where sentence was imposed prior to 3 December 2012 for an offence committed on or after 4 April 2005, the court had the authority for directing how much remand was to be applied to the sentence, but they also had a discretion to not count remand time if there was a good reason for them not to. Any PADAs awarded during a period of remand to custody that the court decided NOT to allow to count against a sentence should still be applied to the sentence, because although the remand time has been directed NOT to count, the court HAVE taken the remand time into consideration against the sentence they have imposed. Therefore the PADAs can still be applied to that sentence.

108 PAGE Where a prisoner is deemed to have served his sentence on remand but there are PADAs to be taken in to account, the sentence is first calculated without remand time being applied. The number of PADAs must then be added to the number of days to the release date to find the total number of days in the custodial period required to be served. Enough remand time is then deducted to clear that number of days. EXAMPLE 45 A prisoner has been on remand for 25 days, and then receives a 42 day sentence. 7 PADAs were awarded during the period of remand. The release date of the 42 day sentence would be after 21 days (at the half way point), but with the 7 PADAs the required custodial term of the sentence would be 28 days. Therefore, once the 25 days remand has been applied the prisoner s release date is 3 days after being sentenced ADAs and Periods of Licence Revoke Where a licence revoke has resulted in all release dates being the SED/SLED, ADAs cannot be actioned against the period of revoke as they cannot extend the release dates beyond the end of the sentence. Fixed Term Recalls (FTRs) Where a prisoner is serving a 14 or 28 day FTR, ADAs awarded during the FTR will be applied by the prison to defer the re-release date, but cannot extend the re-release date beyond the SED/SLED and they will not affect the TUSED. Standard Recall Parole Board Recommend Immediate Release, or a Re-Release Date inthe Future Any ADAs awarded during the period of revoke before the Board make a recommendation must be brought to the attention of the Board so that they can be taken into account when the decision whether or not to recommend re-release is made. If the Board indicate that the ADAs have been taken into account and have affected the re-release date set, then the Prison Service must not extend that re-release date by the ADAs.If the Parole Board indicate that the ADAs have not affected the re-release date they have set, then the Prison Service must extend that date by any relevant ADAs The Prison Service must apply any ADAs awarded AFTER the Board have set the future re-release date and extend all dates except the SED/SLED/TUSED. HDC Recall (Section 255 or Section 38A) Where a prisoner has been recalled for breaching the HDC conditions the prison will apply the ADA s and defer all re-release dates apart from the SED/SLED/TUSED in the usual way RADAs and Periods of Licence Revoke Only ADA s that have not yet been served may be remitted. Any ADA s awarded before release on licence originally took place (i.e. before the NPD/CRD/ARD or release on parole) cannot be remitted during the period of licence revoke as the ADAs have already been served before the original release took place. This means that only those ADAs awarded during the period of the licence revoke may be remitted Further information on ADAs and RADAs

109 PAGE Further information on the adjudication process and timescales in relation to applications for restoration of added days (RADAs) can be found in PSI 47/2011 Prisoner Discipline.

110 PAGE 108 Annex C PRISON SERVICE INSTRUCTION 03/2015 OPERATIONAL GUIDANCE PART III SPECIAL CATEGORIES OF CASES Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Prisoners Transferred from other Jurisdictions Extended Sentences Courts Martial Special Remission Young Offenders Detention and Training Orders

111 PAGE 109 CHAPTER 10 - PRISONERS TRANSFERRED FROM OTHER JURISDICTIONS 10.1 General remarks Prisoners may be transferred to England and Wales from: 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 The International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the Special Court for Sierra Leone under the International Criminal Court Act 2001 and the International Tribunals (Sierra Leone) Act Transfers under the Crime (Sentences) Act 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 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 Where transfers are made on an unrestricted basis, the continued administration of the prisoner s sentence becomes a matter entirely for the receiving jurisdiction. Prisoners transferred to England and Wales on an unrestricted basis must therefore have their release dates recalculated as if they had been sentenced by a court in England and Wales. Credit must, however, be given for any time spent in custody (including police detention) before sentence only if that time has been allowed in the jurisdiction in which the prisoner was sentenced 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 below. All actions relating to a prisoner s release, such as consideration for release on parole licence, preparation and issuing of licences, are a matter for the sentencing jurisdiction. Prisoners transferred on a restricted basis who have a parole eligibility date should therefore not be considered for parole by the Parole Board of England and Wales The Cross Border Transfer Section must be consulted before release dates of restricted transferees are adjusted following the imposition, or remittance, of additional days awarded. They do not need to be consulted for the calculation of days unlawfully at large The current release arrangements in the other UK jurisdictions and the Islands are as follows:

112 PAGE 110 Scotland Prisoners sentenced to 4 years and over (including extended sentences of 4 years or more) are automatically released once they have served two-thirds of their sentence and are on licence up to the Sentence Expiry Date. Such prisoners are also eligible for consideration for release on parole licence once they have completed half of their sentence. Prisoners sentenced to a term of less than 4 years are unconditionally released once they have served half of their sentence. They are not subject to any licence conditions. Prisoners serving sentences for sexual offences or extended sentences of less than 4 years are released automatically at the halfway point of their sentence and are on licence to the end of their sentence. Northern Ireland All determinate sentenced prisoners serving less than 12 months imprisonment will be released automatically with no licence after serving half of the sentence. Prisoners whose offences were committed before 1 April 2009 and are sentenced to more than 12 months imprisonment will be released automatically with no licence after serving half the sentence. Prisoners whose offences were committed on or after 1 April 2009 and are sentenced to more than 12 months will receive a Determinate Custodial Sentence (DCS). DCS sentences mean that a prisoner will be automatically released at the custodial expiry date (CED) after serving a specified period in custody and then remain on licence until the sentence and licence expiry date. A court will set the custodial period and the custodial element cannot exceed 50% of the total sentence. Jersey All determinate sentence prisoners sentenced to a term of imprisonment in Jersey are automatically released once they have served two-thirds of their sentence. They have no eligibility for release on parole licence and are not subject to any licence conditions. Guernsey All determinate sentence prisoners sentenced to a term of imprisonment in Guernsey are automatically released once they have served two-thirds of their sentence. Prisoners serving sentences of 15 months or more are eligible for consideration for release on parole licence once they have served one third of their sentence. Isle of Man Prisoners serving less than 12 months are released unconditionally at the halfway point. Prisoners serving 12 months but less than 4 years are released at the halfway point, on licence to the ¾ point, and then have an SED Prisoners serving 4 years or more have a PED at the halfway point, a non-parole release date at the 2/3 point. Release will be on licence to the ¾ point and they have an SED All prisoners are at risk of return by the court if they commit a new offence before their SED.

113 PAGE Transfers under the Repatriation of Prisoners Act Provision exists under the Repatriation of Prisoners Act 1984 for prisoners to be transferred to England and Wales from foreign jurisdictions in order to complete their sentence in this jurisdiction. Release dates for these prisoners, who initially go to Belmarsh, Wandsworth or Holloway Prison following their arrival in this country, are calculated by the Cross Border Transfer Section at NOMS headquarters. The establishments concerned are notified of prisoners release dates shortly before their arrival The warrant authorising a prisoner s return to, and detention in, the United Kingdom will specify a term to be served in the UK. The automatic release arrangements which apply in England and Wales are applied to this period as if the term specified in the warrant was a sentence imposed by a court in England and Wales Prisoners serving terms in the UK of 4 years or more imposed for offences committed prior to 4 April 2005 (not subject to conversion) will be automatically released after serving twothirds of the term ; the licence expiry date will fall at the three-quarters point; and the sentence expiry date at the completion of the stated term. These dates will be calculated from the date of the prisoner s arrival in the UK. Such prisoners will be eligible for consideration for release on parole licence after serving half of the full sentence imposed in the foreign jurisdiction, running from the date of sentence in the foreign jurisdiction or from the date of first reception into custody there if that jurisdiction makes allowance for time spent on remand Prisoners serving terms in the UK relating to: Sentences imposed on or after 03/12/2012 Sentences of 12 months or more imposed prior to 03/12/2012 for offences committed on or after 04/04/05 Sentences of 4 years or more imposed prior to 03/12/2012 for offences committed before 04/04/05 that were subject to conversion. Will be eligible for automatic release once they have served half of the term to be served in the UK and will remain on licence until they have served the complete term. The release dates will be calculated from the date of the prisoner s return to the UK 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 Transfers under the Crime (International Co-operation) Act 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 Transfers under the Colonial Prisoners Removal Act The Colonial Prisoners Removal Act 1884 makes provision for prisoners to be permanently transferred to the United Kingdom from British Dependent Territories whose own prison facilities are either non-existent or cannot meet an individual prisoner s needs. Prisoners transferred to England and Wales under this Act must have their release dates calculated as if they had been sentenced by a court in this jurisdiction. Credit must be given for any time spent in custody (including police detention) before sentence only if that time has

114 PAGE 112 been allowed in the jurisdiction in which the prisoner was sentenced, as with prisoners transferred under the Crime (Sentences) Act Transfers from the International Criminal Courts The International Criminal Court Act 2001 and the International Tribunals (Sierra Leone) Act 2007 allows the UK to enforce the sentences of prisoners sentenced by the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the Special Court for Sierra Leone. The number of prisoners that have been and will be transferred into England and Wales are very small and it will be for the Cross Border Transfer Section to provide the sentence calculation and to provide these to the receiving prison. In all cases the prisoners can only be released or transferred by the President of the sentencing international court and under no circumstances can a prisoner be released by any authority in the UK Queries about transferred prisoners Any queries relating to the sentence calculation of transferred prisoners should be directed to the Cross Border Transfer Section at NOMS headquarters; Offender Safety, Rights & Responsibilities Group National Offender Management Service Post Point 4.16, 4 th Floor, Clive House 70 Petty France London SW1H 9EX Telephone: /5696/5692/5694 Fax:

115 PAGE 113 CHAPTER 11 - EXTENDED SENTENCES 11.1 General remarks Special Custodial Sentences for Certain Offenders of Particular Concern (SOPC) Special Custodial Sentences for Certain Offenders of Particular Concern (SOPC) are not classed as extended sentences, but are included in this chapter because they comprise a custodial term and a further period of one year for which the offender is subject to licence and they are, therefore, treated the same as an extended sentence for sentence calculation purposes The court must impose a SOPC in accordance with Section 236A of CJA 2003 where they are imposing a custodial sentence on or after 13/04/15 for an offence that is listed on Schedule 18A to the CJA 2003 (see Appendix O) and they do not wish to impose an Extended Determinate Sentence (EDS) or a life sentence. Extended Sentences: An extended sentence may be passed on an offender convicted of violent or sexual offences For those offenders convictedon or after 3 December 2012 the extended sentence will be imposed under Section 226A (for offenders aged 18 or over) or Section 226B (for offenders aged under 18). These sentences are known as Extended Determinate Sentences (EDS) For those offenders convicted before 3 December 2012, the following extended sentences will have been imposed: Section 227 for offences committed on or after 04/04/05 where the custodial period is one of 12 months or more for offenders aged 18 years or over on conviction Section 228 for offences committed on or after 04/04/05 where the custodial period is one of 12 months or more for offenders aged under 18 years on conviction Section 85 (previously known as section 58) where the offences were committed on or after 30/09/98 but prior to 04/04/05, or the custodial period was less than 12 months Irrespective of under which Section the extended sentences above are imposed, the sentence will comprise of two parts, the custodial period and the extension period. The total extended sentence length is the aggregate of both For those offenders convicted prior to 3 December 2012 in respect of offences committed prior to 30 September 1998, the court could apply the powers of Section 86 of the Powers of Criminal Courts (sentencing) Act 2000 (previously known as section 44) to the sentence. The sentence was calculated as a sentence imposed prior to 3 December 2012 for offences committed prior to 4 April 2005 (on a blue or pink calculation sheet See Chapter 5 for more details), but the LED at the three-quarter point was deferred to the SED so that release was on licence to the end of the sentence Calculation of Special Custodial Sentences for Certain Offenders of Particular Concern (SOPC)

116 PAGE SOPCs will comprise a custodial term and a further period of one year for which the offender is to be subject to a licence. Release will be automatic at the end of the custodial term with eligibility for consideration for parole at the half way point of the custodial term. Release will be on a licence expiring at the end of the aggregate of the custodial term + the further one year period The yellow calculation sheet at APPENDIX B must be used. EXAMPLE 46 Prisoner is sentenced on 25 August 2015 to a SOPC comprising a 4 year custodial term and the 1 year licence period. There were 31 days remand from 25 July YELLOW SHEET Section 236A SENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08 Cases Offence committed Sentence Dates Sentence Number of days Sentence or order made A Total length of sentence From 25/08/15 to 24/08/20 (DOS) (end of custodial period + licence / extension period) B Length of custodial part of sentence From 25/08/15 to 24/08/19 (DOS) (end of custodial period) SLED = number of days at A from date of sentence = 24 : 08 : 20 CRD = number of days at B from date of sentence = 24 : 08 :19 C Days to PED B 2 Rounded up 731 PED = number of days at C from date of sentence = 24 : 08 :17 Remand period(s) calculated by HMPS: From 25/07/15 _ to _24/08/15 = 31 From to = From to = EFFECTIVE RELEASE DATES D E F G TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D CRD Date at B minus D PED Date at C minus D 31 24/07/20 24/07/19 24/07/17 Tagged bail time directed by court = 11.3 Multiple Special CustodialSentences for Offenders of Particular Concern (SOPC) SOPCs concurrent to one another Where SOPCs are concurrent to one another, they are calculated separately and run parallel to one another, the latest PED, CRD and SLED produced from the sentences become the effective release dates. Providing there has been no release from one

117 PAGE 115 sentence before the next is imposed any remand relevant to ANY of the sentences is applied to those latest release dates. SOPCs consecutive to one another Where the SPOCs are consecutive to one another, they will be aggregated. The SLED will be at the end of the aggregate of all the custodial periods + all the licence periods. The CRD will be at the end of the aggregate of all the custodial periods and the PED will be at the half way point of the aggregate of all the custodial periods. For example:- Prisoner is sentenced on 10 August 2015 to a SOPC of 5 years custodial period with a 1 year licence period. There were 91 days remand. On 18 September 2015 the prisoner receives a further SOPC of 3 years custodial period with a 1 year licence period ordered to be consecutive to the earlier sentence. Days in the aggregate of custodial + licence periods (10 years) from 10/08/ /08/ /08/2025 = 3653 = 09/08/2025 SLED Days in the aggregate of the custodial periods (8 years) from 10/08/ /08/ /08/2023 = 2922 = 09/08/2023 CRD Days to PED (rounded up) 1461 = 09/08/2019 PED Applying the 91 days remand to the above calculated dates would give effective release dates of: SLED 10/05/2025 CRD 10/05/2023 PED 10/05/ Calculation of Extended Sentences (EDS) Imposed Under Section 226A or 226B EDS imposed on or after 13/04/ Where the EDS is imposed on or after 13/04/2015release will be automatic at the end of the custodial period with eligibility for consideration for parole at the two thirds point of the custodial period. Release will be on a licence expiring at the end of the whole extended sentence.this will apply to ALL EDSs imposed on or after irrespective of the length of the custodial period and whether or not the offence is one that is included on Schedule 15B.

118 PAGE 116 Example 47 Prisoner is sentenced on 12 August 2015 to a 6 year EDS comprising a 4 year custodial period and a 2 year extension period. There were 182 remand days to count towards the sentence. The calculation sheet would be set out as follows:- Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed WHITE Sentence or order made 12/08/ years comprising 4 years custodial period + 2 years extension period Number of days Sentence A Total length of sentence From 12/08/2015 to 11/08/2021 (DOS) (end of Ext period) 2192 SLED = number of days at A from date of sentence = 11 : 08 : 2021 B Length of custodial part of sentence From 12/08/2015 to 11/08/2019 (DOS) (end of custodial period) 1461 CRD = number of days at B From date of sentence = 11 : 08 : 2019 NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 974 PED/CRD = number of days at C From date of sentence = 11 : 04 : 2018 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = 182 From to = From to = Tagged bail time directed by court = 20 D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D /02/ /02/ /10/2017

119 PAGE 117 Although the custodial periodis one of less than 10 years, because the EDS has been imposed AFTER 13/04/2015 the offender is subject to the parole process at the two thirds point of the custodial period, irrespective of whether the offence is listed on schedule 15B or not. If release on parole is not authorised, automatic release will not take place until the custodial period has been served in full. Release will be on a licence expiring at the end of the whole of the extended sentence. EDS imposed before 13/04/ Where the custodial period is one of less than 10 years and the offence is nota specified offence on Schedule 15B of the CJA 2003, automatic release will be at the two thirds point of the custodial period on a licence expiring at the end of the whole extended sentence Where the custodial period is one of less than 10 years, but the sentence is for an offence listed on Schedule 15B, OR the custodial period is one of 10 years or more, irrespective of the offence, release will be the same as for EDSs imposed on or after 13/04/2015 (see para above) in that automatic release will be at the end of the custodial period with eligibility for consideration for parole at the two thirds point of the custodial period. Release will be on a licence expiring at the end of the whole extended sentence The calculation sheet at APPENDIX Bmust be used.

120 PAGE 118 EXAMPLE 48 Prisoner is convicted on 17 December 2012 and sentenced on 21 January 2013 to an 8 year extended sentence comprising a custodial period of 4 years and an extension period of 4 years. The offence was not a Schedule 15B offence. There were 70 remand days and 20 tagged bail days to count towards the sentence. The calculation sheet would be set out as follows:- Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases WHITE Dates Sentence or order made Offence Sentence committed 21/01/ years comprising 4 years custodial period + 4 years extension period A Total length of sentence From 21/01/2013 to 20/01/2021 (DOS) (end of Ext period) Number of days Sentence 2922 SLED = number of days at A from date of sentence = 20 : 01 : 2021 B Length of custodial part of sentence From 21//01/2013 to 20/01/2017 (DOS) (end of custodial period) NB CRD at B appliesfor all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence 1461 CRD = number of days at B From date of sentence = : : C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 974 PED/CRD = number of days at C From date of sentence = 21 : 09 : 2015 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = 70 From to = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D 90 22/10/ /06/2015 From to = Tagged bail time directed by court = 20

121 PAGE 119 EXAMPLE 49 Prisoner is convicted on 17 December 2012 and sentenced on 21 January 2013 to an extended sentence of 18 years comprising a custodial period of 12 years and an extension period of 6 years. There were 50 days relevant remand time to count. The calculation sheet would be set out as follows:- Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed WHITE Sentence or order made 21/01/ years comprising 12 years custodial period + 6 years extension period Number of days Sentence A Total length of sentence From 21/01/2013 to 20/01/2031 (DOS) (end of Ext period) 6574 SLED = number of days at A from date of sentence = 20 : 01 : 2031 B Length of custodial part of sentence From 21/01/2013 to 20/01/2025 (DOS) (end of custodial period) NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence 4383 CRD = number of days at B From date of sentence = 20 : 01 ; 2025 C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 2922 PED/CRD = number of days at C From date of sentence = 20 : 01 : 2021 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = 50 From to = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D 50 01/12/ /12/ /12/2020 From to = Tagged bail time directed by court =

122 PAGE 120

123 PAGE 121 EXAMPLE 50 Prisoner is convicted on 17 December 2012 and sentenced on 21 January 2013 to an extended sentence of 10 years comprising a custodial period of 5 years and an extension period of 5 years imposed for a Schedule 15B offence. There are 30 days tagged bail to count. The calculation sheet would be set up as follows: Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed WHITE Sentence or order made Number of days Sentence 21/01/ years comprising 5 years custodial period + 5 years extension period Schedule 15B offence A Total length of sentence From 21/01/2013 to 20/01/2023 (DOS) (end of Ext period) 3652 SLED = number of days at A from date of sentence = 20 : 01 : 2023 B Length of custodial part of sentence From 21/01/2013 to 20/01/2018 (DOS) (end of custodial period) NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence 1826 CRD = number of days at B From date of sentence = 20 : 01 ; 2018 C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 1218 PED/CRD = number of days at C From date of sentence = 22 : 05 : 2016 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D 30 21/12/ /12/ /04/2016 From to = Tagged bail time directed by court = 30

124 PAGE 122

125 PAGE Multiple Extended Determinate Sentences Extended Determinate Sentences Concurrent to one another Where Extended Determinate Sentences are concurrent to one another they are calculated separately and run parallel to one another. Release will be on the latest release date produced by all the concurrent sentences and will be on a licence expiring on the latest SLED. Providing there has been no release from one sentence before the next is imposed, any remand time that is relevant to any of the concurrent sentences will be applied to the latest release dates. Extended Determinate Sentences Consecutive to one another Where Extended Determinate Sentences are consecutive to one another, they will be aggregated. If none of the sentences have a PED, the whole sentences are aggregated for the SLED and then the custodial periods are aggregated to find the CRD N.B. Extended Determinate Sentences that do not have PEDs keep their automatic CRD at the two thirds point of their custodial period, even when they are consecutive to other Extended Determinate Sentences and the aggregate custodial period becomes one of 10 years or more. Aggregation does not tip a non parole EDS into the parole process. For example:- On 4 January 2013 a prisoner received an EDS of 7 years comprising a 5 year custodial period and a 2 year extension period and a consecutive EDS of 10 years comprising a custodial period of 6 years and an extension period of 4 years. Neither EDS was for a Schedule 15B offence. There were 50 remand days to count as time served. Each EDS has a custodial period of less than 10 years and as neither one is imposed for a Schedule 15B offence, they retain the automatic CRD at the two thirds point. They are not tipped in to the parole process even though the aggregate of the custodial periods comes to 11 years. The release dates would be as follows:- Days in the aggregate of the whole sentences (17 years) from 04/01/ /01/2013 to 03/01/2030 = 6209 = 03/01/2030 SLED Days in the aggregate of the custodial periods (11 years) from 04/01/ /01/2013 to 03/01/2024 = 4017 Days to CRD 4017 (4017 3) = 2678 = 04/05/2020 CRD Applying the 50 days remand to the above calculated dates would give effective release dates of:- SLED 14/11/2029 CRD 15/03/2020

126 PAGE If all of the EDSs have a PED, the whole sentences are aggregated for the SLED and then the custodial periods are aggregated to find the PED and CRD. For example:- On 4 January 2013 a prisoner receives an EDS of 6 years comprising a custodial period of 3 years and an extension period of 3 years for a Schedule 15B offence and a consecutive EDS of 14 years with a custodial period of 10 years and an extension period of 4 years. Days in the aggregate of the whole sentences (20 years) from 04/01/ /01/2013 to 03/01/2033 = 7305 = 03/01/2033 SLED Days in the aggregate of the custodial periods (13 years) from 04/01/ /01/2013 to 03/01/2026 = 4748 = 03/01/2026 CRD Days to PED 4748 (4748 3) = 3166 = 04/09/2021 PED Where one of the sentences has a PED and one doesn t, the whole sentences are aggregated for the SLED, but then the custodial periods must be calculated separately to find the effective PED and CRD. The custodial period of the sentence that doesn t have a PED will be calculated first to find the notional CRD. The custodial period of the sentence with the PED is then commenced from the day after the notional CRD of the first to find the effective PED and CRD. The non PED sentence is always calculated first even if the court makes that the consecutive sentence. This approach applies whether the sentences are imposed on the same date, or on different dates to one another, as long as there has been no release from the custodial period of the first sentence before the next sentence is imposed. For example:- On 4 January 2013 a prisoner receives an EDS of 15 years comprising a custodial period of 10 years and an extension period of 5 years. There are 50 remand to custody days and 20 tagged bail days to count towards this sentence. On 7 May 2013 the prisoner receives a further EDS of 6 years with a custodial period of 3 years and an extension period of 3 years. This sentence is ordered to be consecutive to the earlier sentence. The calculation sheet would be set up as follows:-

127 PAGE 125 EXAMPLE 51 Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed 04/01/2013 WHITE Sentence or order made 15 years comprising 10 years custodial period + 5 years extension period 07/05/ years comprising 3 years custodial period + 3 years extension period (NOT schedule 15B) CONSECUTIVE Number of days Sentence A Total length of sentence 21 year aggregate From 04/01/2013 to 03/01/2034 (DOS) (end of Ext period) 7670 SLED = number of days at A from date of sentence = 03 : 01 : 2034 B Length of custodial part of sentence 3 years From 04/01/2013 to 03//01/2016 (DOS) (end of custodial period) 10years From 04/01/2015 to 03/01/2025 NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence 3 years 1095 For 10 years from start date 04/01/ CRD = number of days at B From date of sentence = : ; 10 years CRD from start date 04/01/ /01/2025 C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 3 years notional CRD 730 For 10 years from start date - 04/01/ PED/CRD = number of days at C From date of sentence 3 years notional CRD = 03/ : 01 : years PED from start date 04/01/ /09/2021 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = 50 From to = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D 70 25/10/ /10/ /06/2021 From to = Tagged bail time directed by court = 20

128 PAGE Calculation of Extended Sentences Imposed under Section 227/228 Section 227/228 sentences imposed on or after 14 July If the sentence was imposed on or after 14 July 2008 the prisoner will be eligible for conditional release at the half way point (CRD) of the custodial term. On release the prisoner will be on licence to the extended SLED The grey calculation sheet at APPENDIX B would be used. Example 52 A prisoner received an extended sentence of 6 years comprising a custodial period of 4 years and an extension period of 2 years. The sentence was imposed on 3 November No remand/tagged bail was directed to count by the court Total sentence is 6 years and runs from 03/11/09 to 02/11/15 SLED =02/11/15 Custodial period is 4 years from 03/11/09 to 02/11/13 CRD = 03/11/11 EXTENDED SENTENCE Imposed under Section 227or 228 on or after 14/07/08 Cases Offence committed Dates Sentence Sentence or order made 03/11/ years 4 years custodial period 2 years extension period Number of days Sentence A Total length of sentence From to (DOS) (end of Ext period including the whole of any consec SDS) B Number of days relevant Remand ordered by the Court 2191 NIL C Days to SLED (A B) 2191 SLED = number of days at C from date of sentence = 02 : 11 : 2015 D Length of custodial part of sentence From to (DOS) (end of custodial term including the whole of any consec SDS) 1461 E Effective custodial term (D B) 1461 F Days to Conditional Release Date E (D 2) CRD = number of days at F From date of sentence = 03 : 11 : 2011

129 PAGE 127

130 PAGE Section 227/228 sentences imposed prior to 14 July If the sentence was imposed before 14 July 2008 the prisoner will be eligible for consideration for release on parole at the half way point (PED) of the custodial term. Release is not automatic at this point. It must be recommended by the Parole Board. The Parole Board may recommend release at any time between the half-way point of the custodial part of the sentence and the CRD at the end of the custodial period. If parole is not granted the prisoner will be released at the CRD, once the custodial period has been served in full. On release the prisoner will be on licence to the extended SLED The yellow calculation sheet at APPENDIX B would be used

131 PAGE 129 Example 53 A prisoner receives an extended sentence of 14 years comprising a custodial period of 6 years and an extension period of 8 years. The sentence is imposed on 19 August Total sentence is 14 years and runs from 19/08/05 to 18/08/2019 SLED = 18/08/2019 Custodial period is 6 years from 19/08/05 to 18/08/2011 CRD = 18/08/2011 PED = 18/08/2008 Release may take place between 18 August 2008 and 18 August 2011 by recommendation from the Parole Board only. If no recommendation is made, release must take place on 18 August On release the licence will run to the SLED. Extended Sentence imposed under Section 227/228 BEFORE 14/07/08 Cases A Total length of sentence From to (DOS) (end of Ext period) 5123 Offence committed Dates Sentence Sentence or order made years extended sentence 6 years custodial 8 years extension period B Number of days relevant Remand ordered by the court C Days to SLED (A B) 5123 SLED = number of days at C from date of sentence = 18 : 08 : 2019 D Length of custodial part of sentence From to (DOS) (end of custodial period) 2191 E Days to Custody End Date (D B) F Days to Parole Eligibility Date E (D 2) CED = number of days at E from date of sentence = 18 : 08 : 2011 PED = number of days at F From date of sentence = 18 : 08 : Calculation of Section 85 extended sentences The dates will be calculated on the calculation sheet relevant to the length of the custodial period (I/E/ a white/pink or blue sheet, as though the custodial period was a sentence imposed before 3 December 2005 for an offence committed before 4 April 2005 see Chapter 5 for more details) as follows:-

132 PAGE 130 i). ii). calculate the release dates (i.e. ARD or CRD/LED/SED for custodial periods of less than 4 years; PED/NPD/LED/SED for 4 years or over) add the extension period to the LED and SED dates to produce the LED and SED for the extended sentence Where the custodial term is less than 12 months, with no licence period, the extension period is added to the ARD to produce the LED for the extended sentence. Example 54 On 1 April 2005, a prisoner was given a 10 year section 85 extended sentence, comprising an 8 year custodial term and a 2 year extension period. There was no remand/tagged bail. In respect of the custodial term, the PED, NPD, LED and SED are at the half-way, twothirds, three-quarters and end points respectively, as usual. The 2 year extension period must then be added to the LED and SED, see below: S PED NPD `normal normal extext LED SED LED SED This gives the following dates in respect of the 10 year extended sentence: PED 31/03/09 LED 01/04/13 NPD 31/07/10 SED 31/03/ Interaction of a Section 236A SOPC with a Standard Determinate Sentence (SDS) Concurrent sentences Where ansdsand a SOPC run concurrently the two sentences will be calculated individually and the later dates applied.the SOPC will be calculated on a yellow calculation sheet and the SDS will be calculated on a green calculation sheet (or blue/pink sheet where appropriate) -seeappendix B.

133 PAGE 131 EXAMPLE 55 Prisoner sentenced on 18 June 2015 to a SOPC of 5 years custodial period and a 1 year licence period with a SDS of 6 years ordered to be concurrent. There were 100 relevant remand days. The calculation sheets would be set up as follows: YELLOW SHEET Section 236A SENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08 Cases Offence committed Sentence Dates Sentence 18/06/2015 Number of days Sentence or order made 5 years custodial period +1 year licence period A Total length of sentence From 18/06/2015 to 17/06/2021 (DOS) (end of custodial period + licence / extension period) B Length of custodial part of sentence From 18/06/2015 to 17/06/2020 (DOS) (end of custodial period) SLED = number of days at A from date of sentence = 17 : 06 : 21 CRD = number of days at B from date of sentence = 17 : 06 :20 C Days to PED B 2 Rounded up 914 PED = number of days at C from date of sentence = 17 : 12 :17 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From 10/03/2015 to 17/06/2015 = 100 From to = From to = Tagged bail time directed by court = D E F G TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D CRD Date at B minus D PED Date at C minus D /03/ /03/ /03/2018 Taken from CRD on green sheet later than SOPC PED

134 PAGE 132 Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 6 yrs mos days From 18/05/2015 to 17/05/ /06/ /06/2018 F G H EFFECTIVE SLED Latest date in C minus F 17/06/ /06/2018 TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND See yellow sheet EFFECTIVE CRD Latest date in E minus F This becomes effective PED see yellow sheet The two sentences run parallel and the latest release dates are adopted as the effective release dates. The CRD of the SDS falls between the PED and CRD of the SOPC. Therefore, the CRD of the SDS becomes the effective PED 09/03/2018 after remand is applied - because that is the earliest the offender could possibly be released. If parole was not authorised, automatic release would be at the CRD of the SOPC 09/03/2020 after remand is applied. Release would be on a licence expiring at the common SLED from both sentences 09/03/2021 after remand is applied. Consecutive sentences Where an SDS is consecutive to a SOPC (or vice versa), the total sentence length of both the SDS and the SOPC will be aggregated to find the SLED. Parole eligibility will be after half of the SDS + half of the custodial period of the SOPC. If parole is not granted, automatic release will be after the aggregate of half of the SDS + the whole of the custodial period of the SOPC Where the SDS was imposed prior to 03/12/2012 and was for a Schedule 15 offence committed prior to 04/04/05 so that it also had a PED,the effective PED and CRD will be calculating by running the custodial periods in the order that the sentences were imposed by the court. The SLED will be at the end of the aggregate of the SDS + the custodial period + the licence period of the SOPC. The PED would be at the half way point of the SDS + half of the custodial period of the SOPC and the CRD would be after two thirds of the SDS + the whole of the custodial period of the SOPC had been served Where the SDS does not have a PED, when calculating the effective PED and CRD of the SOPC, a notional CRD of the SDS will be calculated from the first date of sentence and the custodial period of the SOPC will start the day after that notional CRD irrespective of the order that the sentences were imposed by the court. EXAMPLE 56 Prisoner sentenced on 3 July 2015 to a SOPC of 3 years custodial period and a 1 year licence period with a SDS of 2 years ordered to be consecutive. There were 60 relevant remand days and 20 tagged bail days directed to count. The calculation sheets would be set up as follows:

135 PAGE 133 Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 2 yrs mos days From 03/07/2015 to 02/07// See yellow sheet 366 Notional CRD 02/07/2016 F G H TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F See yellow sheet See yellow sheet

136 PAGE 134 YELLOW SHEET Section 236A SENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08 Cases Offence committed Sentence Dates Sentence 03/07/2015 Number of days Sentence or order made 3 years custodial period +1 year licence period A Total length of sentence 2 years SDS + 3 years custodial + 1 year licence From 03/07/2015 to 02/07/2021 (DOS) (end of custodial period + licence / extension period) B Length of custodial part of sentence From 03/07/2016 to 02/07/2019 (DOS) (end of custodial period) SLED = number of days at A from date of sentence = 02 : 07 : 21 CRD = number of days at B from date of sentence = 02 : 07 :19 C Days to PED B 2 Rounded up 548 PED = number of days at C from date of sentence = 01 : 01 :18 Remand period(s) calculated by HMPS: From _ to = 60 From to = From to = EFFECTIVE RELEASE DATES D E F G TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D CRD Date at B minus D PED Date at C minus D 80 13/04/ /04/ /10/2017 Tagged bail time directed by court = 20 The SLED is at the end of the aggregate of the SDS + the custodial period and the licence period of the SOPC ie after 6 years and can be calculated on the yellow SOPC calculation sheet. The green sheet is used to work out the notional CRD of the 2 years SDS. The custodial period of the SOPC can then be calculated on the yellow sheet starting the day after the notional CRD from the green sheet which gives the effective PED and CRD. The remand and tagged bail can then be applied to the effective release dates which are all on the yellow sheet. Take care to annotate the green sheet to say that all effective dates are on the yellow sheet Interaction of a Section 236A SOPC with a Section 226A or 226B EDS Concurrent sentences Where a SOPC is imposed concurrently to an EDS, the two sentences will run parallel. Release will be on the latest release date produced by the two sentences on licence to the latest SLED. The SOPC will be calculated on the yellow sheet and the EDS will be

137 PAGE 135 calculated on the white sheet at APPENDIX B. Care must be taken to annotate each sheet to point to the effective release dates Where the EDS has a PED, eligibility for parole will be on the latest PED produced by the EDS and the SOPC Where the EDS does not have a PED and the CRD of the EDS falls between the PED and the CRD of the SOPC, the earliest the offender could be released on parole would be the CRD of the EDS. For example: Offender is sentenced on 23 March 2015 to an EDS of 8 years comprising a 5 year custodial period and a 3 year extension period. The offence was NOT a schedule 15B offence. On 11 May 2015 the offender is further sentenced to a SOPC of a 4 years custodial and a 1 year licence period. The SOPC is ordered to be concurrent to the earlier EDS The EDS would be calculated on a white sheet: Days in the EDS 23/03/ /03/2023 = 2922 = 22/03/2023 SLED Days in custodial period 23/03/ /03/2020 = 1827 Days to CRD 1827 (1827 3) = 1218 = 22/07/2018 CRD The SOPC would be calculated on a yellow sheet Days in the custodial + licence period 11/05/ /05/2020 = 1827 = 10/05/2020 SLED Days in custodial period 11/05/ /05/2019 = 1461 = 10/05/2019 CRD Days to PED (round up) = 731 = 10/05/2017 PED The effective dates would be: SLED 22/03/2023 CRD 10/05/2019 PED 22/07/2018 Because the CRD of the EDS is between the PED and CRD of the SOPC, the earliest that release on parole could take place is the CRD of the EDS - 22/07/2018. Therefore, the parole review would be made in line with 22/07/2018. If parole was not authorised, automatic release would be on the CRD of the SOPC 10/05/2019 and release would be on licence to the SLED of the EDS 22/03/2023.

138 PAGE Interaction of Section 226A/Section 226B EDS with a Standard Determinate Sentence (SDS) imposed on or after 3 December 2012 Concurrent sentences Where an EDS is imposed concurrently to an SDS, the two sentences will run parallel. Release will be on the latest release date produced by the two sentences on licence to the latest SLED. The EDS will be calculated on the white EDS calculation sheet atappendix B and the SDS will be calculated on the green calculation sheet at APPENDIX B. Care must be taken to annotate each sheet to point to the effective release dates. EXAMPLE 57 Prisoner is convicted and sentenced on 17 December 2012 to an EDS of 6 years comprising a custodial period of 4 years and an extension period of 2 years for a non Schedule 15B offence. On 15 February 2015 a SDS is imposed of 3 years concurrent. There were 60 days tagged bail time directed to count. The calculation sheets would be set out as follows:-

139 PAGE 137 Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed WHITE Sentence or order made 17/12/ years comprising 4 years custodial period + 2 years extension period (NonSchedule 15B) Number of days Sentence A Total length of sentence From 17/12/2012 to 16/12/2018 (DOS) (end of Ext period) 2191 SLED = number of days at A from date of sentence = 16 : 12 : 2018 B Length of custodial part of sentence From 17/12/2012 to 16/12/2016 (DOS) (end of custodial period) 1461 CRD = number of days at B From date of sentence = : ; NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 974 PED/CRD = number of days at C From date of sentence = 17 : 08 : 2015 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = From to = Tagged bail time directed by court = 60 D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D 60 17/10/ /06/2015 See other sheet for effective CRD

140 PAGE 138 Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 3 yrs mos days From 15/02/2015 to 14/02/ /02/ /08/2016 F G H TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F 60 16/12/ /06/2016 See other sheet for SLED The green calc sheet provides the later release date but the EDS provides the latest SLED. Therefore release will be on 16/06/2016 on a licence expiring on 17/10/2018.

141 PAGE 139 EXAMPLE 58 Prisoner convicted and sentenced on 17 December 2012 to an EDS of 15 years comprising 10 years custodial period and a 5 year extension period. On 10 May 2017 a SDS of 8 years concurrent is imposed. There was no remand/tagged bail relevant to either sentence. The calculation sheets would be set up as follows:- Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed WHITE Sentence or order made 17/12/ years comprising 10 year custodial period + 5 year extension period Number of days Sentence A Total length of sentence From 17/12/2012 to 16/12/2027 (DOS) (end of Ext period) 5478 SLED = number of days at A from date of sentence = 16 : 12 : 2027 B Length of custodial part of sentence From 17/12/2012 to 16/12/2022 (DOS) (end of custodial period) NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence 3652 CRD = number of days at B From date of sentence = 16 : 12 ; 2022 C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 2435 PED/CRD = number of days at C From date of sentence = 17 : 08 : 2019 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = From to = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D PED/CRD Date at C minus D NIL 16/12/ /12/ /08/2019 If parole granted check green calc sheet for CRD

142 PAGE 140 Tagged bail time directed by court =

143 PAGE 141 Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 8 yrs mos days From 10/05/2017 to 09/05/ /05/ /05/2021 Sentence 2 yrs mos days From to F G H TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F NIL 09/05/ /05/2021 See other sheet for SLED If no Parole on EDS EDS has effective CRD If parole were to be authorised in respect of the EDS, release could not take place before the CRD of the SDS on the green sheet 09/05/2021. If parole was refused on the EDS then release could not take place until the CRD of the EDS 16/12/2022 as that is later than the CRD of the SDS 09/05/2021. Release would be on a licence expiring at the later SLED that being the SLED of the EDS 16/12/2027. Consecutive sentences Where an EDS and a SDS are imposed consecutively to one another, the two sentences will be aggregated. The SLED will be at the end of the aggregate. Release will be after the aggregate of either:- half of the SDS + two thirds of the custodial period of the EDS or, half of the SDS + the whole of the custodial period of the EDS with parole eligibility after half of the SDS + two thirds of the custodial period of the EDS Once the SLED has been calculated at the end of the aggregate, the sentences would have to be separated to find the effective CRD/PED which will require a green calculation sheet and an EDS calculation sheet N.B. Any remand to custody time and tagged bail time is deducted once the overall release dates have been calculated.

144 PAGE 142 EXAMPLE 59 A prisoner is convicted and sentenced on 17 December 2012 to 3 years SDS with an EDS of 8 years comprising a custodial period of 4 years and an extension period of 4 years consecutive for a non Schedule 15B offence. There are 45 days remand time to be credited. The calculation sheets would be set up as follows:- Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to NUMBER OF DAYS IN SENTENCE DATE OF SLED (Number of days at B reckoned from DOS) NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 1 Aggregate of EDS + SDS 11 yrs mos days From to 16/12/2023 Aggregate of EDS + SDS /12/2023 Sentence 2 3 years 3 yrs mos days From 17/12/2012 to 16/12/ For SLED see above /06/2014 F G H EFFECTIVE SLED Latest date in C minus F 16/12/ /06/2014 TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE CRD Latest date in E minus F 45 01/11/2023 See EDS sheet for effective CRD

145 PAGE 143 A 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Total length of sentence From to (DOS) (end of Ext period) B Length of custodial part of sentence Starts day after notional CRD of 3 years SDS From 18/06/2014 to 17/06/2018 (DOS) (end of custodial period) NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence Dates Offence Sentence committed 1461 WHITE Sentence or order made 8 years comprising 4 years custodial period + 4 years extension period NOT schedule 15B consec to 3 years SDS SLED = number of days at A from date of sentence = : : CRD = number of days at B From date of sentence = : ; C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 974 PED/CRD = number of days at C From date of sentence = 15 : 02 : 2017 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = 45 From to = From to = Tagged bail time directed by court = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D 45 See green sheet for effective SLED PED/CRD Date at C minus D 01/01/2017 The two sentences are aggregated for the SLED, but then they are separated to find the effective CRD. The SLED is done on the green calc sheet by aggregating the two sentences (11 years). When the sentences are separated out, the custodial period of the SDS is calculated first to give a notional CRD of 17/06/2014 which means the consecutive custodial period of the EDS commences the day after on 18/06/2014. The SLED has already been done on the green sheet and so is not needed again on the white EDS sheet. The custodial period of the EDS is less than 10 years and is NOT for a Schedule 15B offence; hence it gives a CRD of 15/02/2017. Once the dates have been calculated the 45 days remand is applied. The effective CRD becomes 01/01/2017 and release would be on licence to the effective SLED of 01/11/2023. Care must be taken to annotate each sheet to ensure it is clear where the effective release dates are.

146 PAGE 144 Sentence 1 Aggregate of EDS + SDS EXAMPLE 60 Prisoner convicted and sentenced on 28 April 2014 to an EDS of 9 years comprising a custodial period of 5 years and an extension period of 4 years imposed for a Schedule 15B offence. The court also ordered a SDS of 4 years to be consecutive. There was no remand/tagged bail time. The sentences would be aggregated to find the SLED but then separated to find the effective PED and CRD. Where there are two sentences and one has a PED, the sentence with the PED is always calculated last. The calculation sheets would be set up as follows: Green Calculation Sheet A B C D E SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to 13 yrs mos days From 28/04/2014 to 27/04/2027 NUMBER OF DAYS IN SENTENCE Aggregate of EDS + SDS 4748 DATE OF SLED (Number of days at B reckoned from DOS) 27/04/2027 NUMBER OF DAYS TO CRD B 2 Rounded up DATE OF CRD (Number of days at D reckoned from DOS) Sentence 2 4 yrs 4 yrs mos days From 28/04/2014 to 27/ For SLED see above /04/2016 F G H TOTAL NUMBER OF DAYS OF COURT DIRECTED REMAND EFFECTIVE SLED Latest date in C minus F EFFECTIVE CRD Latest date in E minus F Nil 27/04/ /04/2016 See EDS sheet for effective PED &CRD

147 PAGE 145 Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 SHEET Cases Dates Offence Sentence committed WHITE Sentence or order made Number of days Sentence 9 years comprising 5 years custodial period + 4 year extension period for a schedule 15B offence A Total length of sentence From to (DOS) (end of Ext period) SLED = number of days at A from date of sentence = : : B Length of custodial part of sentence From 28/04/2016 to 27/04/2021 (DOS) (end of custodial period) NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for EDSs imposed BEFORE 13/04/2015 where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence was a schedule 15B offence 1826 CRD = number of days at B From date of sentence = 27 : 04 ; 2021 C Days to PED/ CRD B (B 3 rounded down ) NB PED ONLY applies where there is a CRD at B 1218 PED/CRD = number of days at C From date of sentence = 28 : 08 : 2019 EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = From to = D E F G CRD Date at B minus D TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME NIL SLED Date at A minus D See green sheet for SLED PED/CRD Date at C minus D 27/04/ /08/2019 Tagged bail time directed by court = Although the EDS has a custodial period of less than 10 years, it has been imposed for a Schedule 15B offence which means it has eligibility for parole at the two thirds point of the custodial period and CRD at the end of the custodial period if parole is not authorised. So

148 PAGE 146 although the EDS is ordered to be consecutive to the SDS, because it has a PED it is calculated last when establishing the effective PED and CRD. The SLED will be at the end of the aggregate of 13 years 27/04/2027 and once that has been established the sentences are separated to find the effective PED and CRD. The SDS is calculated first to find the notional CRD 27/04/2016 and then the custodial period of the EDS is commenced from the day after on 28/04/2016 to give a PED of 28/08/2019 and a CRD of 27/04/2021. Care must be taken to annotate the sheets of where to find the effective dates Interaction of EDS with a Standard Determinate Sentence (SDS) imposed before 03/12/ Where the SDS is one that was imposed prior to 03/12/12, the concurrent EDS will be calculated separately to the earlier sentence and run parallel to it. Release will be on the latest release date, on licence to the latest LED/SLED Consecutive sentences will be aggregated for the SLED and then separated for the effective ARD/PED/CRD/NPD. The EDS will start from the day after the notional ARD/CRD of the SDS imposed before 03/12/ Where the earlier SDS was calculated on a blue calculation sheet and had its own parole date, Eligibility for parole would be after the aggregate of half of the SDS and two thirds of the custodial period of the EDS. Where parole was not authorised release would be after the aggregate of two thirds of the SDS and two thirds of the custodial period of the EDS where the EDS does NOT have a PED or, after the aggregate of the two thirds point of the SDS and the whole of the custodial period of the EDS where the EDS DOES have a PED. EXAMPLE 61 On 14 April 2010 the prisoner was given 6 years for a Schedule 15 offence, committed prior to 04/04/05. On 17 December 2012 the court convicted and sentenced the prisoner to an EDS of 8 years comprising a custodial period of 4 years and an extension period of 4 years for a non Schedule 15B offence consecutive. The EDS therefore, does NOT have a PED. The 6 years imposed on 14/04/2010 would have given the following release dates:-- SED 13/04/2016 PED 13/04/2013 NPD 14/04/2014 LED 13/10/2014 When the 8 year EDS is imposed, the SLED would be at the end of the aggregate of the whole sentences (14 years). SLED = 13/04/2024 Following the rule that the sentence with the PED is always calculated last, the PED would be after two thirds of the custodial period of the EDS + half of the 6 years. The custodial period of the EDS would be calculated first to find the notional CRD and then the 6 years would be calculated from the day after the notional CRD to find the effective PED and NPD:-

149 PAGE 147 PED = 13/012/2015 NPD = 13/12/2016 EXAMPLE 62 If the EDS in the example above had been imposed for a Schedule 15B offence, it would also have had a PED at the two thirds point of the custodial period, but automatic release at the end of the custodial period. The SLED would therefore be calculated the same as above, but the NPD/CRD would be at the end of the aggregate produced by two thirds of the 6 years + the whole of the custodial period of the EDS (i.e. NPD of the SDS + 4 years custodial period of the EDS). The 4 years custodial period reckoned from the day after the NPD of the 6 years would give an effective NPD/CRD of:- NPD/CRD = 14/04/2018 The PED would be found by calculating two thirds of the custodial period of the EDS from the day after the PED of the 6 years which gives an effective PED of PED = 13/12/ Interaction of a section 227/228 extended sentence Imposed on or after 14 July 2008 with an SDS Concurrent sentences Where the standard determinate sentence runs concurrently to a section 227/228 extended sentence the two sentences will be calculated separately and run parallel to one another. Release will be on the latest release date on licence to the latest SED/SLED. Consecutive sentences Where SDSs and Section 227/228 extended sentences are consecutive to one another, the total sentence length of both the extended sentence and the SDS are aggregated to find the SLED. The CRD is at the half way point of the aggregate comprising the SDS and the custodial period of the extended sentence. Example 63 On 20 October 2009 a prisoner was given a 6 years extended sentence comprising of 4 years custodial and 2 years extended sentence and while serving this was given a further 2 year sentence on 12 December 2009 which was ordered to be served consecutively. The SLED will be at the aggregate of the 6 years and the 2 years. The CRD will be at the halfway point of the aggregate of the 4 year custodial period and the 2 years SDS. SLED = 19/10/2017 CRD = 19/10/ Interaction of a Section 227/228 extended sentences imposed before 14 July 2008 with an SDS

150 PAGE Section 227/228 extended sentences imposed before 14 July 2008 are treated exactly like SOPCs and the interaction guidance of SOPCs with SDSs and EDSs set out in the paragraphs under 11.9 and above will apply Interaction of Section 85 extended sentences with SDS SDS imposed on or after 03/12/12 or an SDS of 12 months or more imposed before03/12/12 for an offence committed on or after 04/04/ Where the SDS and the Section 85 extended sentence are concurrent to one another, they will be calculated separately and run parallel to one another. Release will be on the latest release date and will be on licence to the latest LED/SLED Where the SDS and the Section 85 extended sentence are consecutive to one another, they will be aggregated for the SLED. Where the custodial period of the Section 85 is less than 4 years the CRD will be at the half way point of the aggregate created by the SDS and the custodial period of the extended sentence. Where the custodial period of the Section 85 extended sentence is one of 4 years or more, the prisoner will be eligible for parole at the half way point of the aggregate created by the SDS and the custodial period of the extended sentence with automatic release (CRD/NPD) at the end of half of the SDS + two thirds of the custodial period of the Section 85 extended sentence. SDS imposed before 3 December 2012 for offences committed prior to 4 April 2005 or ansds of less than 12 months imposed before 03/12/ The SDS and the section 85 extended sentences are treated as a single term, providing no release has taken place from one before the other is imposed. However, only the custodial period of the extended sentence forms part of the single term with the SDS. Once the release dates of the single term have been calculated the extension period of the extended sentence will be added to the LED and SED of the single term. Example 64 On 3 March 2007, a prisoner is given a 14 year extended sentence under Section 85, comprising a 6 year custodial term and an 8 year extension period. At the same time a sentence of 6 years is imposed for an offence committed prior to 04/04/05 and is ordered to run consecutively to the extended sentence. There is therefore a single term of 12 years comprising the 6 years sentence and the 6 year custodial period of the extended sentence. Release dates in respect of the single term are calculated in the normal way. The single term s LED and SED are then extended by the 8 year extension period This gives the following final release dates: PED = 02/03/2013 NPD = 02/03/2015 LED = 02/03/2024 SED = 02/03/2027

151 PAGE 149 CHAPTER 12 - COURT MARTIAL 12.1 General remarks A sentence of imprisonment imposed by a Court Martial (CM) or Service Civilian Court (SCC) will commence on the date it is imposed. This sentence must be treated as if it was imposed by a court for the purposes of sentence calculation and release arrangements Time spent in custody prior to Court Martial Where an offender is serving a sentence of imprisonment imposed by a CM or SCC on or after 31 October 2009, the court will direct that the number of days spent in pre-trial custody are to count as time served as part of the sentence (unless in the opinion of the Court the circumstances are such that the time should not count) and this will be recorded on the Trial Result Notification and the Committal Order. If the sentence is imposed before 31 October 2009 any time spent in custody before sentence is not treated as reducing the sentence imposed (it is for the court to take account of this in determining the length of sentence) Court Martial Appeals An appeal against conviction and/or sentence awarded by the Court Martial (CM) requires the leave of the Court Martial Appeal Court (CMAC). If successful and unless the CMAC orders otherwise, a sentence passed on appeal takes effect from the day on which the CM passed the original sentence. (However, if the CMAC, on dismissing an application for leave to appeal, considers the application to have been frivolous or vexatious, it may direct that any sentence passed on the applicant by the CM shall begin to run again from the day on which the CMAC dismisses the application. This sanction acts as a disincentive to submitting hopeless appeals.) 12.4 Service Civilian Court Appeals Appeals from the Service Civilian Court are made to the Court Martial. The CM has jurisdiction to hear appeals against both finding and sentence awarded by the SCC Unless the CM otherwise directs, any sentence imposed on appeal will be commenced from the date of the original sentence imposed at the SCC.

152 PAGE 150 CHAPTER 13 - SPECIAL REMISSION 13.1 Errors in calculation If a mistake in a calculation is found which changes a prisoner s release date, immediate action must be taken to rectify the mistake. If there is any doubt, the sentence calculation helplines must be consulted before the release dates are changed The prisoner must be informed of any revised dates, and given the reasons for them, the IT record amended and the calculation sheet annotated to show the reason for the change. Correction results in release date being brought forward If the recalculation means that the prisoner should already have been released, the release must take effect as soon as it can be arranged. Proper discharge and supervision arrangements must have been put in place. If a prisoner claims compensation for unlawful detention for the period in question, advice on where and how the claim is to be submitted must be sought from the Operational Litigation Unit in NOMS. Correction results in release date being deferred 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 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 A decision to seek validation of an incorrect release date through exercise of the Royal Prerogative of Mercy must not be made at a level below Regional Custodial Manager (RCM). Requests for the exercise of the Prerogative are made to Ministers by the RCM through the Offender Management Public Protection Group (OMPPG) or the Directorate of High Security Prisons. If the Prerogative is exercised, a Royal Warrant is produced and sent to the establishment. The Warrant must be filed securely on the prisoner s Custodial Documents File 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.

153 PAGE 151 Prisoner released in error Where it comes to light that a prisoner has been released too early, consideration must be given as to whether to instruct the police to return the prisoner to prison to serve the outstanding part of the sentence. The approach to deciding whether to recall the person is to make a balanced decision as explained in paragraph above. Where the RCM decides that the person should not be recalled, the exercise of the Royal Prerogative will need to be sought to validate the incorrect release. The procedures for seeking a Royal Warrant are the same as those described in Para above Calculation of Special Remission The period of special remission to be applied must be the minimum required to produce the desired effect. The period must be calculated as follows: A = Number of days in the total sentence from the calculation sheet B = Number of days to correct ARD, CRD, NPD, PED C = Number of days difference from date given to correct ARD, CRD, NPD, PED D = B C to give a new total E = Number of days remand (or police custody time)/tagged bail + D F = 100% of E for half way ARD, CRD, PED 50% of E for two thirds PED, NPD G = E + F = new sentence length H = A G =number of days special remission required For extended sentences (Sections 226A/226B, sections 227/228, or section 85) work out the special remission on the custodial period only Once the number of days special remission has been determined the release dates must be re-worked using the new sentence length (or custodial period in the case of extended sentences) at G above If the prisoner is serving a sentence imposed prior to 3 December 2012 for an offence committed before 4 April 2005 and the new sentence length results in the prisoner changing from a long term prisoner (non conversion prisoner serving a sentence of 4 years or more) to a short term prisoner (serving a sentence of less than four years) advice must be sought from the sentence calculation helplines Special Remission for Meritorious Conduct Where a governor recommends that a prisoner is to be rewarded by early release for meritorious conduct, the relevant documents must be sent to the OMPPG or the Directorate of High Security Prisons. The case for early release will then be put to the

154 PAGE 152 RCM to approve (or not, as the case may be) the recommendation and the number of days early release The following formula must be used to calculate the amount of special remission needed to result in early release of the prisoner by the agreed number of days. A = Number of days in the total sentence from the calculation sheet B = Number of days to ARD, CRD, NPD, PED C = Number of days earlier release approved D = B C to give a new total E = Number of days remand (or police custody time) + D F = 100% of E for half way ARD, CRD, PED 50% of E for two thirds PED, NPD G = E + F = new sentence length H = A G = number of days special remission required For extended sentences (section 226A/2226B. sections 227/228 or section 85), work out the special remission on the custodial period only Once the special remission has been determined the release dates must be re-worked using the new sentence length (or custodial period in the case of extended sentences) at G above As in the case of errors (paragraph ), 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 No change should be made to the prisoner s existing dates until the Royal Prerogative of Mercy has been exercised Table for calculations A table for calculating periods of special remission is at APPENDIX H

155 PAGE 153 CHAPTER 14 YOUNG OFFENDERS 14.1 General Remarks The method for calculating the release dates of young offenders serving determinate sentences under (a) and (b) below is the same as that for adult prisoners Other than extended sentences and SOPCs which are covered in Chapter 11, Young offenders may receive four kinds of determinate sentence: (a) (b) (c) (d) Detention in a Young Offender Institution (DYOI). DYOI can only be imposed on such offenders aged at least 18 but under 21 at the date of conviction. A sentence for offenders under 18 convicted of certain serious offences, under section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 53(2) of the Children and Young Persons Act 1933). A Detention and Training Order (DTO). Offenders aged under 18 at the date of conviction who the court considers should receive a custodial sentence for offences which are not sufficiently serious to fall within (b) above must be sentenced to DTO. A term for offenders aged under Paragraph 14(1) of Schedule 5A of the Policing and Crime Act 2009 for the breach of a gang injunction Sentence of DYOI: offenders aged 18, 19, and For offenders aged 18 to 20 years old inclusive on conviction, there is no upper limit on the length of sentence of DYOI other than that specified for a particular offence. The minimum sentence of DYOI is 21 days, unless the sentence has been imposed for breach of bail, in which case there is no minimum sentence. Where the term imposed is for breaching section 256B supervision requirements, there is no minimum on the term that can be imposed, but the term in this case is subject to a maximum of 30 days Sentence of detention under section 91(3) of the PCC(S)A Section 91 of the PCC(S)A 2000 makes provision for punishment of certain grave crimes by those who were under the age of 18 at the time of conviction. These offenders may receive a determinate sentence of any length (or detention for life if the adult maximum is life) decided by the sentencing court Calculation of release dates will be the same as for other determinate sentences. The date of offence/sentence length will determine the Act and release scheme and all sentences will be subject to the awarding of Additional Days Remand time A sentence of DYOI or section 91 will be reduced by relevant remand/tagged bail time in the normal way (as applicable to prisoners over 21). See Chapter 4 for guidance on the crediting of relevant time Relevant time spent on remand/tagged bail prior to the imposition of a DTO is explained in the next chapter.

156 PAGE Supervision after release In the case of offenders who are;- under the age of 18 at the half way point of a term (as adjusted by remand/tagged bail and any UAL) of less than 12 months that was imposed for offences committed on or after 01/02/2015 or, being released from a term of less than 12 months for offences committed BEFORE 01/02/2015 the release is not subject to licence and is on an automatic release date (ARD) with an SED. However, such prisoners will be subject to a period of supervision in accordance with Section 256B of the CJA 2003 which will expire 3 months after the date of release All other Young Offenders will be released on licence to the LED/SLED relevant to the sentence to which they are subject as per the instructions set out in Chapter In the above paragraphs, term is to be taken as including a term of DYOI, a term of detention under Section 91 or a term of detention under Section 209 of the Armed Forces Act Under Section 256C of the CJA 2003, a failure to comply with a period of supervision may result in the person receiving either a fine or a period of detention up to a maximum of 30 days. An offender imprisoned for a period of detention of up to 30 days will serve the term in full before being re-released. Release will be on anything extant of the original 3 months supervision notice A new sentence imposed concurrently to a 256C breach will run parallel and release will take place on the latest release date. A new sentence imposed consecutively to a 256C breach will be calculated separately from the breach term and will commence on the day after the breach term has been served in full Further guidance on supervision notices for these sentences can be found in PSI 37/ Detention and Training Orders The Detention and Training Order (DTO) scheme for young persons is considered in the next chapter Breach of Gang Injunction Offenders may be made subject to an injunction to prevent gang-related violence (gang injunction). Offenders aged 14 to 17 who breach the terms of the gang injunction, may be ordered by the court to serve a term of detention of up to 3 months. Such a term imposed is served in full. There are no early release provisions on this type of term Offenders aged 18 or over who breach a gang injunction will be dealt with under contempt procedures. Release arrangements for contemnors are set out in Chapter 17.

157 PAGE 155 CHAPTER 15 DETENTION TRAINING ORDERS 15.1 General Remarks Sections of the Powers of Criminal Courts (Sentencing) Act 2000, provide that offenders aged under the age of 18 on the date of conviction who are given a custodial sentence will be given a Detention and Training Order (DTO), subject to exceptions such as; Detention at Her Majesty s Pleasure, detention under section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 53(2) of the Children and Young Person s Act 1933), and extended sentences under section 226B or section 228 of the CJA (Details of how to calculate extended sentences are set out in Chapter 11) The length of a DTO may be 4, 6, 8, 10, 12, 18 or 24 months. DTOs are divided into two parts: a period of detention and training; and a period of supervision. The custodial part of a DTO may be served in a YOI or other secure accommodation. DTOs must not exceed 24 months Calculating the release date A DTO, like a sentence of imprisonment, normally begins on the date of imposition by the court; it can never commence prior to imposition The release date of the offender will normally be the half-way point of the term of the DTO.To find the half-way point, the DTO must beconverted to days as with sentences of imprisonment See Chapter To determine the half-way point, take the number of days in the total term and divide by two. Round up any odd half day to the next whole number. Then count that number of days from the first day of the term. An offender is not entitled to be released until the end of the last day of the custodial part of the DTO, but for practical reasons he or she may be discharged at any time during that day (usually in the morning, to allow time for travelling). In the case of offenders whose release dates fall on weekends or Bank Holidays, release dates must be brought forward to the immediately preceding weekday which is not a Bank Holiday. Example 65 An offender receives a DTO of 4 months on 01/05/2013 The term runs until 31/08/2013, giving a total of 123 days Half of 123 is 61.5, which is rounded up to days from 01/05/2013 gives a release date of 01/07/ A calculation sheet for DTOs is at APPENDIX I Remand and Credit for Time Spent on Tagged Bail When calculating the release dates of DTOs the Prison Service do not credit remand/tagged bail time against the DTO. The court should have taken any such time that is relevant to the DTO into account when determining its length Additional Days

158 PAGE Additional days may not be awarded to an offender serving a DTO Post Sentence Supervision Where an offender is aged 18 years or more at the Mid Transfer Date (MTD) of a DTO of less than 2 years that was imposed for offences committed on or after 01/02/2015, release will be on a DTO licence expiring at the end of the DTO and the offender will be subject to Post Sentence Supervision requiring a TUSED that expires 12 months after the MTD Post Sentence Supervision does not apply to those offenders who committed their offences prior to 01/02/2015, or those who are serving a DTO of less than 2 years who are under 18 years of age at the MTD. Neither is a TUSED required for those serving the maximum DTO length of 2 years. Offenders released from a 2 year DTO will be subject to 12 months supervision anyway and therefore, do not require any additional top up supervision Multiple DTOs Offenders may receive more than one DTO. Subject to paragraphs and below, the court may order a DTO to run concurrently or consecutively to any other DTO to which the offender is subject provided that release has not taken place. Where the court does not indicate whether a new DTO should be concurrent or consecutive to an existing DTO, it should be treated as being concurrent The court should not make a DTO where the effect will be that the offender is subject to a DTO, or two or more DTOs, for more than 24 months; If the court makes a DTO that, in combination with another DTO has this effect, the term must be treated as being one of 24 months. Any time over and above 24 months is treated as remitted and disregarded for the purposes of sentence calculation The court should not order a DTO to run consecutively to a previous DTO if the offender has been released from the custodial part of the earlier DTO, unless the new term is being made consecutive to a period imposed under Section 104 or Section 105 of the 2000 Act 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 Where the single term is less than 24 months and comprises at least one DTO imposed for an offence committed on or after 01/02/2015 that is subject to Post Sentence Supervision, release will be on licence to the end of the DTO and subject to supervision until the TUSED which will be 12 months after the MTD of the single term. Single term: concurrent sentences 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.

159 PAGE 157 Example 66 An offender is given a DTO of 6 months on 02/04/2013 (DTO 1) He subsequently receives a further DTO of 6 months on 10 May 2013, to be served concurrently (DTO 2). DTO 2 is imposed after DTO 1, but before the offender has been released from the custodial part of DTO 1. There is therefore a single term, namely the period from the date of imposition of DTO 1 (02/04/2013) to the end date of DTO 2 (09/11/2013) DTO 1 Half-way point of DTO 1 End of DTO 1 DTO 2 Half-way point of DTO 2 End of DTO 2 Half-way point of single term End of single term The length of the single term determines the point at which the offender is released from custody Once the length of the single term has been determined in days, the half-way point is calculated in the same way as with a single DTO, as described in paragraph and Example 60 above In this case, the single term is of 222 days, giving a half-way point of 111 days from 2 April. The offender is released from custody at that point, i.e. 21 July Single term: consecutive sentences 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 This also applies where such DTOs are imposed by different courts on different days, providing the offender has not been released at any time before the second DTO was imposed and the warrant or court order clearly indicates that the DTOs are to be served consecutively. Example 67 An offender receives a DTO of 12 months on 02/08/2013 (DTO 1) He then receives two further DTOs each of 4 months on 30/09/2013 and 20/12/2013 respectively, both to run consecutively (DTO 2 and DTO 3) In each case the consecutive term was imposed while the offender was still serving the custodial part of a previous term When the third DTO is imposed there is therefore a single term of = 20 months

160 PAGE 158 DTO 1 DTO 2 DTO 3 Half- way point of single term End of single term The term runs from 02/08/2013 until 01/04/2015 giving a total of 608 days Half of 608 is 304, 304 days from 02/08/2013 gives a release date of 01/06/2014. Example 68 An offender receives a DTO of 8 months on 16 February 2015 (DTO1) that is NOT subject to Post Sentence Supervision. He then receives a further DTO of 6 months on 3 March 2015 to run consecutively (DTO 2). This term IS subject to Post Sentence Supervision.A single term of 14 months is created that is subject to Post Sentence Supervision. DTO 1 DTO 2 MTD of single term End of single term TUSED The term runs from 16/02/2015 to 15/04/2016 giving a total of 425 days Half of 425 rounded up is days from 16/02/2015 gives a release date of 16/09/2015 TUSED is 12 months after 16/09/2015 which is 16/09/ Early and Late Release The release date under a DTO may be brought forward by the Secretary of State as follows: (a) (b) if there are exceptional circumstances justifying early release on compassionate grounds; to reflect progress in custody, (i) by up to 1 month, in the case of an order for a term of 8 months or more but less than 18 months; and (ii) by up to 2 months, in the case of an order for a term of 18 months or more 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:

161 PAGE 159 by up to 1 month, in the case of a term of 8 months or more but less than 18 months; and by up to 2 months, in the case of an order for a term of 18 months or more Where the early release date falls on a weekend or Bank Holiday release will take place on the working day immediately before the weekend/bank Holiday. More guidance on early and late release should be sought from Youth Justice and Women on Allowing early or late release does NOT affect the TUSED. The TUSED is always 12 months after the MTD whether the offender is released on that date or on an ETD or LTD Interaction with Sentences of DYOI It is possible for an offender to be subject both to a DTO(s) and a term (s) of DYOI at the same time DTO and DYOI are structured differently and, importantly, have different release provisions. A DTO and a DYOI are never treated as a single term. DTO followed by DYOI If an offender currently serving a DTO in custody receives a concurrent sentence of DYOI, the DYOI is treated as beginning on the day it is passed and runs parallel to the DTO. Release cannot take place until the latest release date produced by the two terms If an offender currently serving a DTO receives a DYOI that is ordered to be consecutive to the DTO, the DYOI will begin on the day after the day the offender would otherwise have been released from the DTO Where a sentence of DYOI is imposed on an offender who has previously received a DTO, the fact that remand or tagged bail time may have been taken into account by the court in determining the duration of the DTO must be disregarded for the purpose of determining the amount of remand or tagged bail time that is relevant to the sentence of DYOI If an offender has been released from the custodial part of the DTO the sentence of DYOI must commence on the day it is passed by the court unless the offender is subject to a period of detention imposed for breach of a DTO in which case the DYOI may take effect in the ways described above in relation to an offender who is still serving a DTO in custody. DYOI followed by DTO It is possible (but extremely unlikely) that an offender who is already subject to a term of DYOI (or a period of Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000) could subsequently receive a DTO. Where this occurs, advice must be sought from the sentence calculation helplines. Effect of being subject to both DTO and DYOI Where an offender is subject concurrently to both a DTO and a sentence of DYOI, for the purpose of determining release dates or recall or re-detention, the offender is treated as subject only to the one of them that was imposed on the later occasion. This is subject to the proviso that release cannot take place until the offender has reached both the release date in respect of the DTO and the release date in respect of the DYOI.

162 PAGE Subject concurrently in this context simply means that the offender is subject to a DTO, while he or she is also subject to a DYOI. DTOs and sentences of DYOI are not, strictly, imposed concurrently or consecutively to one another since, as mentioned above, they are structured differently An offender is subject concurrently to both DTO and DYOI only during the period when both take effect. Where the court orders a sentence of DYOI to take effect when an offender would otherwise be released from the custodial part of a DTO, for example, the offender does not become subject concurrently to both the DTO and the sentence of DYOI until that point. When either the period of supervision under the DTO or the sentence expiry date of the sentence of DYOI is reached, the offender ceases to be subject concurrently to both The imposition of a later sentence of DYOI does not mean that the previous DTO ceases to have effect. It is possible, for example, for an offender subject to a DTO to be given a sentence of DYOI and, after having completed that sentence, to be required to complete any outstanding supervision period of the DTO 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 18 th birthday). On release the offender will be released on the required licences relevant to both the DTO and the DYOI at the point of release. Example 69 An offender is given a DTO of 24 months on 11/02/2013. The offender subsequently receives a consecutive sentence of 8 months DYOI on 01/03/2013. DTO Half-way point of DTO End of DTO DYOI takes Release DYOI effect from DYOI supervision ends Period during which offender is subject concurrently to DTO and DYOI When the offender has completed the custodial part of the DTO, on 10/02/2014, the day after the DYOI will commence and he becomes subject concurrently to a DTO and a DYOI The offender is therefore treated as if subject only to a DYOI while remaining in (DYOI) custody for the next 4 months until 11/06/2014 The offender is then released, since at that point he is required to be released in respect of both the DTO and the sentence of DYOI On release the offender is subject to 3 months supervision in respect of the DYOI, until 11/09/2014 and supervision under the DTO until 10/02/2015

163 PAGE Interaction with Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 and Extended Sentences Imposed under Section 226B or 228 of CJA It is possible that a DTO may be imposed on an offender subject to detention under section 91(3) of the 2000 Act (offenders under 18 convicted of certain serious offences: power to detain for specified period), or vice-versa, or extended sentences imposed under sections 226B or 228 of the CJA In such cases the section 91, (or extended sentence) and the DTO will be calculated separately to one another. Concurrent terms will run parallel to one another and consecutive terms will start on the day after the release of the term to be served first Breach of supervision requirements of a DTO section 104 of the 2000 Act (as amended by section 80 of the LASPOA 2012) If during the currency of the supervision part of a DTO a person fails to comply with their supervision requirements, the court may order them to be detained for a period not exceeding the shorter of 3 months or the remainder of the term of the DTO calculated from the date of the failure, as the court specifies. This term must be served in full. At the end of the term the prisoner will be released subject to any extant supervision from the original DTO The LASPOA 2012 provides that on or after 3 December 2012, breaches of a DTO can be punished under section 104 even after the term of the DTO has finished. The court retains the power to impose a period of detention in response to a breach of a DTO and creates a new power to impose a further period of supervision instead of custody for the breach. The maximum period of supervision or detention will be 3 months or the period beginning with the date of the failure to comply with the requirement and ending with the last day of the term of the DTO, whichever is the shorter Where the court imposes a period of detention or supervision for breach, it takes immediate effect and can run concurrently with the supervision portion of the DTO. Also if a young person repeatedly breaches the DTO, the court can impose further periods of supervision (or detention or a fine) and this continues to be the case until the young person completes the order Re-offending during the DTO: order of re-detention under section 105 of the 2000 Act If an offender commits an imprisonable offence during the supervision period of a DTO the court may order his detention for a period up to the length of the number of days between the date on which the new offence was committed and the date the existing DTO expires. The court may order this period of detention to be served either before and be followed by, or be served concurrently with, any sentence imposed for the new offence. The period of re-detention under Section 105 must be served in full. Therefore, any sentence imposed for the new offence is notcombined with the period of redetention to form a single term. A concurrent DTO or sentence of DYOI will have its own release dates and will run parallel to the Section 105 period. A consecutive DTO or sentence of DYOI will begin on the day after the last day of the Section 105 period.

164 PAGE 162 Annex D PRISON SERVICE INSTRUCTION 03/2015 OPERATIONAL GUIDANCEPART IV TERMS OF IMPRISONMENT Chapter 16 Chapter 17 TERMS IN DEFAULT OF PAYMENT CIVIL PRISONERS

165 PAGE 163 CHAPTER 16 TERMS OF IMPRISONMENT IN DEFAULT OF PAYMENT 16.1 General Remarks What is a default term? A default term is a term that is imposed for non-payment of the following: A fine Costs Compensation Forfeiture of recognizance Civil and Judgment debts A Confiscation Order under The Criminal Justice Act 1988(as amended) The Drug Trafficking Act 1994 (both of the above are in relation to criminal conduct prior to 24/03/2003) Proceeds of Crime Act 2002 (in relation to criminal conduct on or after 24/03/2003) Maximum periods of imprisonment in default of payment are set out in APPENDIX J Failure to pay Legal Aid Costs should be on a specific warrant. Criminal and Civil Defaulters Prisoners serving terms in default can be either criminal defaulters or civil defaulters. A criminal defaulter is a convicted prisoner serving a term of imprisonment which attracts early release. A civil defaulter is not convicted but is simply held in detention which means that most civil default terms are served in full. Details of how to treat civil default terms are set out in Chapter 17. Weekend Release The usual weekend release rules apply to terms in default, whereby release takes place on the preceding work day if the release date falls over a weekend or Bank Holiday. However, where the default term is for 5 days or less and the release date falls over a weekend/bank Holiday, release will take place on the Saturday rather than the preceding Friday (or Thursday in the case of Good Friday). Remaining Liabilities Prisoners must be advised that once the default term has been served, or release from the default term has been secured by the monies owed being paid in full or in part, the monies will no longer be regarded as outstanding. This is different to the information that must be provided to civil defaulters. For those details please see Chapter 17 for further information Terms in default and civil terms do not attract Post Sentence Supervision and so will NOT have a TUSED Procedures

166 PAGE 164 Procedures on Reception A warrant committing a person to imprisonment in default of payment that is issued anywhere in the United Kingdom may be executed anywhere in the UK and a Governor must accept any prisoner with such a warrant When a prisoner is received at the prison on the strength of a warrant in default of payment, a check must be made to establish if the prisoner has any money in his possession that can be put towards payment of the amount of monies outstanding. Where the prisoner has money, but not enough to pay the amount outstanding in full, an appropriation must be carried out to determine how many days the prisoner can pay for. See Para 16.7for further information on appropriations and their effect on release dates If a prisoner is brought to the prison by the police and has enough money in his possession to pay the fine in full, the police escorting the prisoner must be asked if they have contacted the relevant court for instructions on whether or not to confiscate the money. If they have not obtained direction from the court, the Governor has the discretion to refuse to accept the prisoner from the police until the necessary action has been taken Certificates of Imprisonment (F986) must be completed in duplicate. One copy must be sent immediately to the Magistrate s Court who issued the warrant in default, in order to notify them that the prisoner is in custody. The second copy must be sent to the same court when the prisoner is released from the term in default (whether that is once the custodial period has been served or the fine has been paid) It is the responsibility of the receiving prison to find out from all prisoners whether or not they have other outstanding fines following committal. If they have, the prisoner must be allowed the facility of asking the relevant court to lodge the warrant(s). Procedures for Lodged Warrants A lodged warrant is a default warrant issued by a Magistrate s Court, sometimes at a prisoner s request, for offences committed and for which convictions were received prior to the imposition of the current term being served for other matters A lodged warrant can be received and actioned whether the prisoner is on remand or serving a sentence. A lodged warrant received during a period of remand changes the prisoner s status to that of a sentenced prisoner. The custodial part of the lodged warrant cannot be counted as remand time against any subsequent sentence When lodged warrants are received the details of the warrant and date of receipt must be entered on to a permanent record kept by the Discipline/Custody/ Prisoner Administration office/offender Management Unit The lodged warrant calculation will start on the date that the warrant is signed by the Court or the date of reception to custody (whichever is the later). The fact that the order may not be received for several days by the Governor will not affect this. If the prisoner is not in custody, the warrant must be returned to the court with a covering note A copy of the warrant, clearly annotated with COPY, should be provided to the prisoner along with a release date notification slip should the lodged warrant amend the release dates If the prisoner states that they are not the person named on the warrant, then they must raise the matter with the court concerned.

167 PAGE 165 Procedures for Confiscation Orders For calculation purposes, confiscation orders are treated in the same way as any other term in default of payment subject to the exception set out in Para below in cases where the amount of the confiscation order set by the Crown Court on or after 1 June 2015 was for 10 million or more Confiscation orders under the Drug Trafficking Act 1994 are made in the Crown Court in cases involving drug related offences. A Crown Court also has the powers under Section 71 of the Criminal Justice Act 1988 to impose confiscation orders on those convicted of other criminal offences and under the Proceeds of Crime Act These are imposed if the court is satisfied that the person has derived benefit from the offence Notification of drug trafficking confiscation orders will be either by a Notice of Confiscation Order (Form 5018) or on the Trial Record Sheet (F5089) received from the court Although the order is made in the Crown Court the case has to be remitted to the Magistrate s Court that committed the prisoner for trial for the order to be enforced. The imposition of a warrant in default is a last resort, since the policy is to recover the funds rather than to have any prisoner serve an additional term. The prosecution may apply to the High Court for the appointment of a receiver to secure payment. Confiscation Orders of 10 million or more imposed on or after 1 June Where the Crown Court impose a term in default of a confiscation order on or after 1 June 2015 and the amount of the order is 10 million pounds or more, any term of imprisonment subsequently enforced by the magistrates court must be served in full. This rule will apply irrespective of the amount outstanding at the point that the magistrates court enforce the term in default. It is the original amount imposed by the Crown Court that determines whether the subsequent term of imprisonment is served in full or attracts early release at the half way point. Where that original amount was 10 million or more, there will be no early release. For example: On 10 August 2015 the Crown Court impose 6 years in default of a confiscation order of 12.5 million with 6 months to pay. In October 2015 the offender pays 5 million leaving a balance of 7.5 million. On 17 March 2016 the Magistrates Court enforce the confiscation order and issue a warrant of commitment for 4 years in respect of the 7.5 million The offender would be required to serve the 4 years in full because the original confiscation order made by the Crown Court was for more than 10 million PSI 16/2010 Confiscation Orders provides information on how a confiscation order is raised and the specific notification requirements that must be actioned by the prison Governors should be aware that HM Revenue and Customs have the power, although it is rarely exercised, to release a prisoner prior to the expiration of the sentence. This powers derives from section 152(d) of the Customs and Excise Management Act Procedures for Receiving Payment towards the Warrant

168 PAGE Any money available to a prisoner (including private cash and earnings) will be accepted as payment towards the fine, as will any other money offered by any other person (not necessarily someone known to the prisoner). All payments must be in either UK currency or bankers draft (See PSI 26/2011 NOMS Finance Manual for further information). A prisoner may not refuse to allow another person to make payment. Any monies must be accepted and, if the prison is satisfied the fine has been paid in full, the prisoner discharged. Should the Governor have concerns that release following acceptance of the monies may constitute a possible physical or moral danger to the prisoner s welfare, advice must be sought from the security department at HQ Where a prisoner s family, friends, or any other person are able to make a payment on a prisoner s behalf, but are unable, because of travelling difficulties, to reach the prison, the Governor may allow such payments to be made at any other prison, police station, or court in England and Wales. The only proviso must be that the other institution is willing to offer this facility 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 If a competent member of staff is not available to calculate the amount required to secure the early release of a prisoner, the full amount required by the warrant(s) must be taken. Arrangements would then have to be made for the correct amount to be calculated as soon as a member of staff who is competent to carry out the calculations is available. The excess must then be refunded to the person who made the payment as soon as this can be done. This provision does not apply to those committed in default of payment of, council tax and other civil debts see Chapter 17.In these cases the amount required to secure release must be calculated exactly Any monies received in respect of defaults must be properly documented and accounted for by the cashier s office. Receipt books in which payments are recorded must be regularly scrutinised to ensure this is done Following payment of any monies towards a fine, the cashier must forward a cheque for the amount to the relevant court together with the note to the Clerk to the Justices for the payment of fines (F412) and the second copy of the F986. These two forms must be completed by the Discipline/Custody/Prisoner Administration Office/Offender Management unit Calculating Release Dates for a Term in Default Convert the sentence in to days the same way as for any other sentence of imprisonment as described in Chapter The date of the Magistrate s Court warrant will determine under which CJA 2003 release scheme the default term falls to be treated If the Magistrate s Court warrant is dated on or after 4 April 2005, release is unconditional at the half way point of the term whatever the length of the term imposed subject to the exception detailed in Paragraph below.

169 PAGE If the date of the Magistrate s Court warrant is before 4 April 2005 then terms of 12 months or more will be released unconditionally at the two thirds point of the term imposed and terms of less than 12 months will be released at the half way point of the term imposed Where the Crown Court impose a confiscation order on or after 1 June 2015 and the amount of the confiscation order is 10 million or more, any term subsequently enforced by the Magistrates Court in default of payment of the confiscation order must be served in full. See Paragraph above For the calculation of civil default terms please see Chapter Multiple Terms of Default Where the terms are in respect of a warrant dated on or after 4 April 2005, Terms that are consecutive to one another will be aggregated with each other and release will be at the half way point of the aggregate, (subject to the exception set out in para above). Terms that are concurrent to one another will be calculated independently of each other and release will take place on the latest release date Where the terms are in respect of a warrant dated before 4 April 2005, the terms will be single termed with one another whether they are concurrent or consecutive to one another. If the length of the single term is less than 12 months release will be at the half way point If the single term is one of 12 months or more release will be at the two thirds point Where there are a number of terms in default the date when a consecutive term begins will depend on the wording of the Magistrate s Court warrant. If the words consecutive to the total period being served are used then the default term will start at the end of the final term to be served. EXAMPLE 70 A prisoner is sentenced on 4 March 2013 to a fine of 3000 or 3 months in default. The prisoner then receives a consecutive lodged warrant of 1500 or 30 days consecutive to the total period being served. Sentence 1 would be: 92 days ARD 18 April SED 3 June When the lodged warrant is actioned an aggregate would be formed of: 92 days + 30days = 122 days ARD 3 May SED 3 July If the words consecutive to the term now being served are used, then the prison must determine the court s intention i.e. whether the court wants the default term to be served at the end of the total term, or to the term actually being served at the time the warrant is issued. The latter would mean that the default term is consecutive to a particular default term, but concurrent to all others

170 PAGE 168 EXAMPLE 71 A prisoner is sentenced on 4 March 2013 to the following terms of imprisonment in default of payment of 3 fines Amount Period in Default Fine days served from 04/03/13 to 18/03/13 Fine days consecutive served from 19/03/13 to 25/03/13 Fine days consecutive served from 26/03/10 to 17/04/13 On 11 March a fine warrant for 14 days consecutive to the current term being served is received. The warrant arrived during the custodial period of Fine 1 and so is consecutive to that particular, fine coming in to effect on 19 March This means that it becomes concurrent to Fine days 14 days 14 days 45 days 16.5 Multiple Terms of Default Different Release Schemes Where the terms are in respect of warrants dated both on or after and before 4 April 2005, hence are subject to provisions of the different release schemes:- The term of the release scheme that is consecutive will commence on the day after the release date of the term of the release scheme to be served first Concurrent terms will be calculated independently of one another and release will take place on the latest release date Interaction of Terms in Default with Non-Default Sentences and Terms Default terms cannot be aggregated or single termed with other custodial sentences. The release dates must be calculated separately In the same way as described in Para above the date when a consecutive default term begins will depend on the wording of the warrant, particularly if it is consecutive to a number of other sentences. If the words consecutive to the total period being served are used then the default term will start on the day after the latest release date of the sentences. If the words consecutive to the term now being served are used, then the prison must determine the court s intention i.e. whether the court wants the default term to be served at the end of all the custodial periods of the other sentences or to the

171 PAGE 169 sentence actually being served at the time the warrant is issued. The latter would mean that the default term is consecutive to a particular sentence, but concurrent to all others Default terms ordered to be concurrent to other types of custodial sentence will commence on the date of the warrant, or the date of reception to custody (whichever is the latest) and will run parallel. Release cannot take place until the latest release date of all sentences and terms Appropriations 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 If representations are received from the prisoner, the Governor has discretion to decide whether or not the appropriation should take place. If the Governor decides against appropriation, then s/he must be satisfied for example that the funds do not belong to the prisoner, or that undue hardship to the prisoner or his or her family would result 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 The Daily Monetary Rate (DMR) must be calculated by using the following formula and rounding up to the nearest penny: Amount of original fine Days in original sentence The original fine is the amount of monies owing at the time the defendant was sentenced to the term in default. In the case of confiscation orders the monies owing at the time the confiscation order was enforced. The days in original sentence is the number of days in the term that the defendant was actually received in to custody for The funds available divided by the DMR (rounded down) will then give the number of whole days of the sentence that can be paid for. The number of days in the original sentence minus the number of days that can be paid for will give the number of days of the length of the new term to be used for the calculation of the release dates. EXAMPLE 72 A prisoner is received on 1 January on a warrant of 1500 or 30 days in default. The prisoner is found to have 180 in possession. ARD = SED = 15 days or 15 January 30 days or 30 January DMR = 1500/(30 1) = 51.73

172 PAGE 170 Days that can be paid for = 180 / = 3 days However, a 3 day reduction would leave 27 days as the new term to be served giving an ARD after 14 days. This is the same ARD as a 28 day term would give. Therefore, because there is no further benefit to the prisoner s release date by taking enough money to pay for 3 days instead of 2 days, the prison must only take enough money to reduce the sentence by 2 days. The amount taken would be A new calculation is then made based on a term of 28 days to give amended release dates as follows: ARD = SED = 14 days or 14 January 28 days or 28 January Appropriations and multiple fines 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 In the case of multiple concurrent fines, the one giving the latest release date must be used to calculate the daily rate applicable. Should the sum of money be such that other warrants come in to consideration at some stage, then it will be necessary to amend the DMR accordingly. EXAMPLE 73 A prisoner is received on 3 February with the following warrants: Fine 1 30 days in default of payment of 1250 Fine 2 28 days in default of payment of 800 concurrent The prisoner has 320 in possession in reception. ARD = SED = 17 February 4 March DMR for Fine 1 = 1250 / (30 1) = 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) = days on Fine 1 purchased at a cost of per day = Funds left = = Composite DMR = = There is enough money to pay for 3 further days ( / rounded down), but this would leave 25 days in the length of the new term giving 13 days to the ARD which is the same number of days that a 26 day term would give to the ARD. Therefore, to provide the maximum benefit to the prisoner with the minimum outlay, only 2 further days must be paid for.

173 PAGE 171 The total amount to be taken is as follows: x 2 = x 2 = Total = The length of the new overall term is 26 days which gives amended release dates of: ARD = SED = 15 February 28 February 16.8 Pay- outs Payment of fines during the term A fine may be paid either in whole or in part at any time during the term of imprisonment For prisoners serving terms in default in relation to warrants issued on or after 4 April 2005 and all terms of less than 12 months (irrespective of the date of the warrant), the formula to calculate the amount to be paid to secure immediate release is: Original Term (Time Served x 2) (Number of Days in Term 1) x Original Fine For prisoners serving terms in default of 12 months or more in relation to warrants issued BEFORE 4 April 2005, the formula to calculate the amount to secure immediate release is: Original Term (Time Served x 1.5) (Number of Days in Term 1) x Original Fine Original Term is the term imposed by the court that the prisoner was received in to custody for prior to any reductions Original Fine is the balance outstanding when imprisonment was imposed, prior to any reductions Time Served is the period served in days prior to the fine being paid If prisoners serving a default warrant want to part pay so that they are released on a Friday, the weekend must be included as Time Served. Bank Holidays must be treated in a similar way and credited to the prisoner Prisoners serving a default term of 5 days or less whose release date falls on a Sunday or who wish to be released on a Friday will have to include the Saturday as a day to be paid for rather than a day that is included as Time Served There must be no advantage to a prisoner in making payment at the prison rather than at the court. If the prisoner chooses to pay the fine on the day of reception, the fine must be paid in full irrespective of what day of the week that falls A calculation sheet for calculating pay-outs is at APPENDIX K.

174 PAGE Additional Days Awarded Terms in default imposed on or after 04/04/ ADAs cannot be given on ANY term in default imposed on or after 04/04/2005. Terms in default imposed before 04/04/ Where the term in default was imposed BEFORE 04/04/05 ADAs during the term will have an effect on the amount that a prisoner has to pay to secure release. ADAs do not count towards time served on the default term As soon as ADAs are awarded, the custodial part of the fine is suspended whilst the ADA s are served and then resumes once the ADAs have been served. The effect of the imposition of ADAs is to extend the custodial period to be served beyond the half way point of the term. The number of ADA s served at the time of the pay out will reduce the amount of credit allowed in the pay out calculation, thereby altering the amount required to secure release The formulae used to arrive at the amounts required to secure a prisoner s early release are as set out in section 16.8 above. EXAMPLE 74 A prisoner is received on 17 June serving a fine of 3660 or 3 months in default. ARD = SED = 46 days or 1 August 92 days or 16 September The prisoner is awarded 10 ADAs on 28 June which would commence being served on 29 June (a) To pay out on day 12 (28 June) no ADAs have yet been served: Period served = 12 (actually served) + 12 (credit) = 24 days (deemed to be served) Amount required to secure release = (92 24) 91 x 3660 = (b) To pay out on day 18 (4 July) 6 ADAs have been served: Period served = 18 (actually served) (credit ADAs) = 30 days (deemed to be served) Amount required to secure release = (92 30) 91 x 3660 = (c) To pay out on day 30 (16 July) - the full 10 ADAs have been served: Period served = 30 (actually served) (credit - ADAs)= 50 days (deemed to be served) Amount required to secure release = (92 50) 91 x 3660 = Costs of issue of warrant

175 PAGE Costs of issuing warrants imposed by a court must be paid in full and cannot be reduced by the term of imprisonment. These are generally nominal (say less than 1), although they are at the court s discretion Care must be taken to distinguish between Costs of Imposition which are to be treated as part of the fine and can be reduced by imprisonment (part paid) and Costs of Issue which are not part of the fine and must be paid in full. Costs of Issue are most commonly found in Maintenance and Council Tax warrants. In cases where it is not clear which type of costs are involved and the information cannot be clarified by the court, the prisoner should be given the benefit of the doubt and the costs treated as part of the fine.

176 PAGE 174 EXAMPLE 75 A prisoner is sentenced to 1500 or 30 days in default on 5 February and is received on the same day. Costs of issue of 10 were imposed at the same time. The prisoner wishes to pay out on 10 February. Period served = = 12 days Amount required to secure release = (30 12) 29 x 1500 = Total Required The Costs of Issue must be paid in full and are not open to being part paid.

177 PAGE 175 CHAPTER 17 - CIVIL PRISONERS 17.1 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 Civil prisoners have not been convicted of an offence and the sentencing warrant should not make any reference to a conviction (unless the prisoner has criminal convictions as well). The types of non-payment considered in this Chapter do not include non payment of fines (including confiscation orders) imposed in respect of criminal convictions, which is considered in Chapter 16. Terms served for civil offences are not reduced by remand/tagged bail time and prisoners serving civil terms cannot be given added days for offences against prison discipline The table at APPENDIX L summarises the early release arrangements for civil prisoners Contempt Terms of detention for contempt can be imposed by nearly all types of court. There are two types of contempt, criminal and civil. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly - for example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. Civil contempt occurs when the contemnor wilfully disobeys a court order. In either instance the prisoner must be treated as a civil prisoner and the release arrangements are the same A number of organisations other than the courts have the power to commit for contempt, although such cases are rare. Should a Governor receive a person committed for contempt from an organisation other than a court then the advice of the Sentence Calculation Helplines should be sought. Custodial terms for contempt A term imposed for contempt may be concurrent with or consecutive to any criminal term, but it cannot form part of any aggregate/single term Early release arrangements for contemnors committed to custody on or after 4 April 2005 are provided for by section 258 of CJA 2003 and Schedule 20B of the CJA 2003 for those committed to custody before 4 April Release dates for those serving a term for contempt must be calculated according to the following general principles: (i) (ii) Those serving a term for contempt are in general all entitled to early release. The release will be unconditional.

178 PAGE 176 (iii) (iv) (v) (iv) Those serving a term of less than 12 months will be released at the half way point, Those serving 12 months or more whose warrant of commitment is dated on or after 4 April 2005 will also be released at the half way point. Those serving 12 months or more whose warrant of commitment was dated before 4 April 2005 will be released at the two thirds point. Those serving terms of 5 days or less whose release day falls over a weekend will be released on the Saturday rather than the Friday (as would normally happen in the case of someone serving a longer term) Terms for contempt are normally imposed in months or years. However, courts can and do impose a term requiring the release of a prisoner on a particular date. Such cases - which are likely to be rare - should be referred to the Sentence Calculation Helplines for advice 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 If there is any doubt or ambiguity about the calculation of release dates in cases of contempt then the advice of the Sentence Calculation Helplines should be sought at the earliest opportunity. Contempt and Young Persons 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 years old as for adults Non-payment Custodial terms for non payment Custodial terms for non-payment, like those for contempt, are not sentences of imprisonment and cannot be aggregated/ single termed with sentences. Any period spent on remand for non payment does not reduce any subsequently imposed term of imprisonment The following general principles apply to prisoners committed for non payment: (i) (ii) (iii) (iv) (v) They will not be released early and will serve their terms in full (since they do not come within the ambit of section 258 or Schedule 20B of CJA 2003 and there are therefore no early release provisions for them). The only exception is if the release date falls at a weekend or over a Bank Holiday, in which case the prisoner will be released on the preceding Friday/working day. Those serving terms of 5 days or less whose release day falls over a weekend will be released on the Saturday rather than the Friday (as would normally happen in the case of someone serving a longer term). They can part pay to either advance or secure their release. Imprisonment does not act to expunge the debt, although the person cannot be committed to prison again for the same arrears. Funds in the possession of the prisoner must be appropriated to advance their release dates Points to note in relation to specific types of non-payment are set out in paragraphs to below. Maintenance Orders

179 PAGE Maintenance orders are defined in Schedule 8 to the Administration of Justice Act A person who has failed to make the payments ordered by the supervising court in this respect will be liable to imprisonment. The person will be required to serve the full term imposed by the court (unless they secure their release any earlier by payment of monies) and will be released unconditionally. Civil debt Section 11 of the Administration of Justice Act 1970 restricts the powers of the courts to commit for civil debt (under the Debtors Act 1869) to the following cases: (i) (ii) (iii) By the High Court in respect of a maintenance order made there. By the County Court in respect of a High Court or County Court maintenance order. By a County Court in respect of the following: (a) (b) Failure to pay income tax, capital gains or corporation tax Failure to pay National Insurance contributions (c) Failure to pay redundancy fund contributions 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 Committal for failure to pay council tax (or water rates) is subject to a maximum penalty of 3 months. There are a number of differences between this type of order and those for civil debt as set out above: There is a minimum term imposable of 5 days. Monies in the prisoner s possession on reception to prison CANNOT be automatically appropriated to advance the prisoner s release date because Section 80(2) of the Magistrates Court Act 1980 appears not to apply in these cases. However, the prisoner can formally apply to have such funds used for this purpose. Recognizances to keep the peace or be of good behaviour 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 can be dealt with under the contempt provisions). Someone who fails to comply with the order, or who fails to enter into the recognizance (i.e. who does not consent, or who fails to provide any surety required, may be committed to custody for a maximum term of 6 months or until the person complies. There is no early release on such committals 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

180 PAGE 178 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 Civil terms do NOT attract Post Sentence Supervision. Therefore they will NOT have a TUSED.

181 PAGE 179 Annex E PRISON SERVICE INSTRUCTION OPERATIONAL GUIDANCE PART V Appendice s to the Operationa l Guidance Appendix A Appendix B Appendix C Appendix D Appendix E Abbreviations Calculation sheets Counting of time in custody before sentence Forms for police custody time request Draft letter to courts where a consecutive sentence has been imposed to a recall Appendix F Appendix G Appendix H Appendix I Examples of possible exceptional circumstances for UAL time Special remission calculation sheet Examples of possible exceptional circumstances to consider for RPM DTO calculation sheet

182 PAGE 180 Appendix J Appendix K Appendix L Maximum periods of imprisonment in default of payment Pay-out calculation sheet Early release of civil prisoners Appendix M Schedule 15 Appendix N Appendix O Schedule 15B Schedule 18A

183 PAGE 181 ABBREVIATIONS APPENDIX A The following abbreviations are used in the manual: ADAs Added days awarded APD Approved Parole Date ARD Automatic release date B Bailed BOTUS Breach of Top Up Supervision (sentence type code on NOMIS) CED Custody end date CJA 2003 CJCA2015 Criminal Justice Act 2003 Criminal Justice and Courts Act 2015 COACD Court of Appeal Criminal Division CRD Conditional release date DTO Detention and training order DYOI Detention in a young offender institution EDS Extended Determinate Sentence ERRS Early release and recall section ESPP Extended sentence for Public Protection FTR Fixed Term Recall HDC Home detention curfew HDCED Home detention curfew eligibility date LASPOA 2012 Legal Aid, Sentencing and Punishment of Offenders Act 2012 LED Licence expiry date NPD Non parole date OMPPG Offender Management Public Protection Group ORA 2014 Offender Rehabilitation Act 2014 PACE Police and Criminal Evidence Act 1984 PADAs Prospective added days awarded PED Parole eligibility date PRRD Post recall release date PSI Prison Service Instruction PSO Prison Service Order RADAS Restoration of added days awarded RDR Resettlement day release ROR Resettlement overnight release ROTL Release on temporary licence Rx Remand to custody S Sentenced SDS Standard Determinate Sentence SED Sentence expiry date SLED SOPC Sentence and licence expiry date Special Custodial Sentence for Certain Offenders of Particular Concern TUSED Top Up Supervision End Date UAL Unlawfully at large time 1967 Act Criminal Justice Act Act Criminal Justice Act Act Powers of Criminal Courts (Sentencing) Act 2000

184 PAGE 182 APPENDIX B SENTENCE CALCULATION SHEETS The calculation sheets reproduced in the pages which follow correspond to the release schemes of the CJA 2003 Act: the first form, which is green, is for sentences imposed on or after 03/12/12 and for sentences of 12 months or more imposed before 03/12/12 for offences committed on or after 04/04/05 the second form which is lilac is a supplementary sheet to be used with the green sheet in order to calculate the LED and TUSED where applicable. the third form which is white is for extended sentences imposed under Section 226A or 226B the fourth form, which is grey, is for extended sentences that were imposed under Section 227 or 228 on or after 14 July The fifth form, which is yellowis for SOPCs (Special Custodial Sentences for Certain Offenders of Particular Concern) imposed under Section 236A on or after 13/04/2015 and for extended sentences that were imposed under Section 227 or 228 BEFORE 14 July 2008 the sixth form, which is white, is for sentences/single terms of less than 12 months imposed before 3 December the seventh form, which is pink, is for sentences/single terms of 12 months or more but less than 4 years imposed prior to 03/12/12 for offences committed prior to 04/04/05 and single terms of 12 months or more but less than 4 years imposed prior to 03/12/12 where all sentences were less than 12 months, the eighth form which is blue, is for sentences/single terms of 4 years or more imposed prior to 03/12/12 for offences committed prior to 04/04/05.

185 SDS Imposed on or after 03/12/12 And SDS of 12 Months or more Imposed before 03/12/12 for Offences Committed on or after 04/04/05 PAGE 183 GREEN SHEET No. Name Establishment Date Reason for variation No of days SLED/SED LED (If app.) CRD/ARD TUSED (See guidance overleaf) ERSED (If app.) Initials HDCED (If app.) Calc Check Upon first reception after sentence ROTL Eligibility Dates DIAGRAM OF SENTENCE(S) RDRED: RORED: GREEN SHEET

186 PAGE 184 SDS Imposed on or after 03/12/12 andsds of 12 months or more imposed before 03/12/12 for offences committed on or after 04/04/05 A B C D E Sentence 1 Sentence 2 Sentence 3 Sentence 4 SENTENCE Individually for concurrent sentences and the aggregate term for consecutive sentences from DOS/ to yrs mos weeks days From to yrs mos weeks days From to yrs mos weeks days From to yrs mos weeks days From to NUMBER OF DAYS IN SENTENCE DATE OF SLED/SED Number of days at B reckoned from DOS SED/SLED SED/SLED SED/SLED SED/SLED NUMBER OF DAYS TO CRD/ARD B 2 Rounded up DATE OF CRD/ARD Number of days at D reckoned from DOS Sentence 5 yrs mos weeks days From to SED/SLED EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = From to = From to = Tagged bail time directed by court = F G H I J TOTAL NUMBER OF DAYS OF REMAND / TAGGED BAIL TIME EFFECTIVE SLED/SED Latest date in C minus F LED Where applicable Please refer to instructions below* EFFECTIVE CRD/ARD Latest date in E minus F TUSED 12 months from latest applicable date in E minus F Please refer to instructions below** Jan Jan Feb Feb Mar Mar Apr Apr May May Jun Jun Jul Jul Aug Aug Sep Sep Oct Oct Multiples of Years Leap Years 365 x x x x x x x x *Separate LED applicable where an SED in C is later than a SLED OR for aggregates of less than 12 months comprising a mixture of sentences for offences committed both before and on or after 01/02/2015 **TUSED applies to sentences/aggregates of between 2 days and less than 2 years for O/C on or after 01/02/2015, where the offender is 18 years or more at the half way point of the sentence adjusted for any relevant UAL Nov Nov Dec Dec

187 PAGE 185 LILAC SHEET CALCULATION OF LED AND TUSED to be used in conjunction with green calculation sheet For consecutive sentences with aggregates of under 12 months, for a mixture of offences committed before and after the 01/02/2015 A B C D E F G H SED CRD Aggregate of ORA sentences only Figure in C reckoned from first sentence date within sentence envelope Total number of days in aggregate Number of days to serve on licence E 2 Rounded down LED Number of days in F reckoned from CRD in B TUSED B + 12 months Effective Release Dates from Original Calculation (Green sheet) - prior to ADA s/ror mos weeks days Total length of aggregate to Effective Release Dates from Original Calculation (Green sheet) - prior to ADA s/ror mos weeks days Total length of aggregate to Effective Release Dates from Original Calculation (Green sheet) - prior to ADA s/ror mos weeks days Total length of aggregate to

188 186 PAGE WHITE SHEET Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 No. Name Establishment Date Reason for variation No of Days (Upon first reception after sentence) SLED CRD PED Where applicable Calc Initials Check DIAGRAM OF SENTENCE(S) 15/07/2015 UPDATE ISSUED

189 187 PAGE Section 226A or 226B Extended Sentence imposed on or after 03/12/2012 Cases Dates Offence committed Sentence WHITE SHEET Sentence or order made Number of days Sentence A Total length of sentence SLED = number of days at A from date of sentence From (DOS) to (end of Ext period) = : : B Length of custodial part of sentence From (DOS) to (end of custodial period) NB CRD at B applies for all EDSs imposed on or after 13/04/2015 and for those EDSs imposed before 13/04/2015where the custodial period is 10 years or more OR the custodial period is less than 10 years but the offence is a schedule 15B offence CRD = number of days at B from date of sentence = : : C Days to PED/ CRD B (B 3 Rounded down) PED/CRD = number of days at C from date of sentence NB PED ONLY applies where there is a CRD at B EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = = : : D E F G TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D CRD Date at B minus D PED/CRD Date at C minus D From to = Tagged bail time directed by court = Jan Jan Multiples of years Feb Feb 365 x x Mar Mar 365 x x Apr Apr 365 x x May May 365 x x Jun Jun Leap Years Jul Jul Aug Aug Sep Sep Oct Oct /07/2015 UPDATE ISSUED

190 Nov Nov 188 PAGE Dec Dec 15/07/2015 UPDATE ISSUED

191 189 PAGE GREY SHEET CALCULATION OF RELEASE DATES FOR SECTION 227/228 (Extended Sentence for Public Protection) IMPOSED ON OR AFTER 14/07/08 WITH, OR WITHOUT A CONSECUTIVE STANDARD DETERMINATE SENTENCE No. Name Establishment Date Reason for variation No of Days SLED CRD Calc Initials Check (Upon first reception after sentence) DIAGRAM OF SENTENCE(S) 15/07/2015 UPDATE ISSUED

192 190 PAGE Section 227/228 EXTENDED SENTENCE after 14/07/08 Cases Offence committed Dates Sentence GREY SHEET Imposed on or Sentence or order made A Total length of sentence Number of days Sentence From (DOS) to (end of Ext period including the whole of any consec SDS) BNumber of days relevant remand CDays to SLED (A B) SLED = number of days at C from date of sentence = : : D Length of custodial part of sentence From to (DOS) (end of custodial term including the whole of any consec SDS) E Effective custodial term (D B) F Days to Conditional Release Date E (D 2 Rounded down) CRD = number of days at F from date of sentence = : : Jan Jan Multiples of years Feb Feb 365 x x Mar Mar 365 x x Apr Apr 365 x x May May 365 x x Jun Jun Leap Years Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec 15/07/2015 UPDATE ISSUED

193 191 PAGE 15/07/2015 UPDATE ISSUED

194 192 PAGE YELLOW SHEET Section 236ASENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) imposed on or after 13 April 2015 OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08 No. Name Establishment Date Reason for variation No of Days SLED CRD PED Calc Initials Check (Upon first reception after sentence) ROTL Eligibility Dates RDRED: RORED: DIAGRAM OF SENTENCE(S) 15/07/2015 UPDATE ISSUED

195 193 PAGE YELLOW SHEET Section 236ASENTENCE FOR OFFENDERS OF PARTICULAR CONCERN (SOPC) imposed on or after 13 April 2015 OR Section 227/228 Extended Sentence for Public Protection (EPP) imposed before 14/7/08 Cases Offence committed Dates Sentence Number of days Sentence Sentence or order made A Total length of sentence From to (DOS) (end of custodial period + Licence/extension period B Length of custodial part of sentence From (DOS) to (end of custodial period) SLED = number of days at A from date of sentence = : : CRD = number of days at B from date of sentence = : : C Days to PED (B 2 Rounded up) PED = number of days at C from date of sentence = : : EFFECTIVE RELEASE DATES Remand period(s) calculated by HMPS: From to = From to = D E F G TOTAL NUMBER OF DAYS OF REMAND/ TAGGED BAIL TIME SLED Date at A minus D CRD Date at B minus D PED Date at C minus D From to = Tagged bail time directed by court = Jan Jan Multiples of years Feb Feb 365 x x Mar Mar 365 x x Apr Apr 365 x x May May 365 x x Jun Jun Leap Years Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec 15/07/2015 UPDATE ISSUED

196 194 Sentences of less than 12 months imposed BEFORE 03/12/2012 PAGE WHITE SHEET No. Name. Establishment Date Reason for variation No of days SED ARD Calc Initials Check DIAGRAM OF SENTENCE(S) 15/07/2015 UPDATE ISSUED

197 195 PAGE Sentences of less than 12 months imposed BEFORE 03/12/2012 WHITE SHEET Cases Dates Offence Committed Police Custody Remand Bail at Prison/Court Reception Off Bail Sentence Sentence/ Order Number Of Days Sentence A. Total length of sentence from to B. Time in custody to count Police from to = Prison from to = Prison from to = C. Actual term (A - B) D. Automatic release date C - (A 2 Rounded down) SED = number of days at C from date of sentence = : : ARD = number of days at D from date of sentence = : : Jan Jan 365 x x Feb Feb 365 x x Mar Mar 365 x x Apr Apr 365 x x May May LEAP YEARS Jun Jun 1992 Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec /07/2015 UPDATE ISSUED

198 196 PAGE Sentences/single terms of 12 months to under 4 years imposed before 03/12/2012 PINK SHEET No. Name. Establishment Date Reason for variation No of days SED LED CRD Calc Initials Check (Upon first reception after sentence) DIAGRAM OF SENTENCE(S) 15/07/2015 UPDATE ISSUED

199 197 PAGE Sentences/single terms of 12 months to under 4 years imposed before 03/12/2012 Cases Dates Offence Committed Police Custody Remand Bail at Prison/Court Reception Off Bail Sentence PINK SHEET Sentence/ Order A. Total length of sentence from to Number Of Days Sentence B. Time in custody to count Police from to = Prison from to = Prison from to = C Actual term (A - B) SED = number of days at C from date of sentence D E Conditional release date C - (A 2 Rounded down) Licence expiry date C - (A 4 Rounded down) = : : CRD = number of days at D from date of sentence = : : LED = number of days at E from date of sentence = : : Jan Jan 365 x x Feb Feb 365 x x Mar Mar 365 x x Apr Apr 365 x x May May LEAP YEARS Jun Jun 1992 Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec 15/07/2015 UPDATE ISSUED

200 198 Sentences of 4 years or more imposed BEFORE 03/12/2012 PAGE BLUE SHEET No. Name. Establishment Date Reason for variation No of days SED LED NPD PED Calc Initials Check (Upon first reception after sentence) DIAGRAM OF SENTENCE(S) 15/07/2015 UPDATE ISSUED

201 199 PAGE Sentences of 4 years or more imposed BEFORE 03/12/2012 Cases Dates Offence Police Remand Bail at Reception Committed Custody Prison/ Off Bail Court BLUE SHEET Sentence/ Sentence Order A. Total length of sentence from to B. Time in custody to count Police from to = Prison from to = Prison from to = C Actual term (A - B) Number Of Days Sentence SED = number of days at C from date of sentence D E F Parole eligibility date C - (A 2 Rounded down) Non parole release date C - (A 3 Rounded down) Licence expiry date C - (A 4 Rounded down) = : : 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 = : : Jan Jan 365 x x Feb Feb 365 x x Mar Mar 365 x x Apr Apr 365 x x May May LEAP YEARS Jun Jun 1992 Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec 15/07/2015 UPDATE ISSUED

202 200 PAGE APPENDIX C THE COUNTING OF TIME IN CUSTODY BEFORE SENTENCE A. EXAMPLES OF PERIODS OF CUSTODY THAT CAN BE COUNTED AS TIME SERVEDUNDER SECTION 240ZA On remand under section 10(3) of the Magistrates Courts Act 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 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 On committal under the provisions of the Mental Health Act 1983: (a) (b) (c) (d) section 35 - remand to hospital for reports on mental condition section 36 - remand to hospital as an alternative to a remand in custody. Does not include periods spent on bail with a condition of residence in a hospital for treatment section 38 - subject to an interim hospital order section 43 - committed for the imposition of a restriction order (In the case of sections 35 and 36 the person may be remanded for up to 28 days at a time and for a total of 12 weeks) On remand from the Crown Court for plea, trial or sentence On remand while at the same time detained under the Immigration Act Where the prisoner has spent time in custody abroad prior to extradition to the UK for trial and the Judge makes a direction that it should count under 243 of CJA B. EXAMPLES OF PERIODS OF CUSTODY THAT SHOULD NOT BE COUNTED AS TIMESERVED UNDER SECTION 240ZA Where the prisoner was also serving a sentence or term in default of a fine. Where the prisoner was subsequently given a term in default or term for contempt Where an offender is serving a sentence of imprisonment imposed by a court martial or standing civilian court, any time spent in custody before sentence shall not be treated as reducing the sentence imposed (the court takes account of this period in determining the length of the sentence). 15/07/2015 UPDATE ISSUED

203 PAGE 201 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 Remand time in respect of offences which are being taken into consideration. Periods in custody for Breach of Post Sentence Supervision 15/07/2015 UPDATE ISSUED

204 202 PAGE APPENDIX D FORMS FOR POLICE CUSTODY TIME First form: for issue to all prisoners prior to interview on first reception into prison custody.the prisoner must be asked to supply the information required and sign the form. Should the prisoner decline to do so the possible effect on his or her release date must be explained. For any relevant time to be credited towards your release date this form should be completed and forwarded to the Discipline/Custody office Surname... Forenames... Aliases Prison No:... Date of Birth... FROM TO LOCATION OFFENCE Signed This section for completion by Discipline/Custody Office To:... (name of prisoner) The following dates have been confirmed as relevant police detention/remand time. Signed: Date: 15/07/2015 UPDATE ISSUED

205 203 PAGE 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 Forenames... Prison No:... Date of Birth... The above named prisoner claims that he was held in custody at your station on the following dates: Please check your records, complete the table below and return to the above address. I confirm that the periods indicated below were spent in custody at this station Signed:... Date:... Date of arrest Date of release Offence Date of offence If the prisoner was held on Breach of Bail please specify whether section 6 or section 7 of the Bail Act 1976 applied 15/07/2015 UPDATE ISSUED

206 204 PAGE 15/07/2015 UPDATE ISSUED

207 205 PAGE Draft lines to be used if a consecutive sentence is imposed to a licence recall. APPENDIX E To: The Court Manager Re: M... appeared in your court on... and a sentence of was imposed which was ordered to be consecutive to any other periods of imprisonment to which the defendant was subject. M... was originally sentenced to... on... and was released on licence. On... the licence was revoked by the Secretary of State and s/he was recalled to prison to continue to serve that earlier sentence in custody. This sentence is not due to expire until.. The new sentence would appear to fall under the restriction in section 265 of the Criminal Justice Act 2003 as amended by section 20 of the Criminal Justice and Immigration Act 2008 which ensures that a sentence cannot be imposed consecutively to any term of imprisonment from which release has already taken place, even where the earlier sentence has not yet expired. These restrictions were explained in the Ministry of Justice Circular 2008/01 which was issued to all courts: Section 20: Consecutive terms of imprisonment Sections 20(4) and 20(5) amend section 265 of the Criminal Justice Act 2003 restriction on consecutive sentences for released prisoners. They clarify the position on imposing consecutive sentences on different occasions. The amendment ensures that a sentence subject to the release arrangements of either the Criminal Justice Act 2003, or the Criminal Justice Act 1991, cannot be imposed consecutively to any term of imprisonment from which release has already taken place. In view of the above legislation, I should be grateful if you would consider the consecutive direction in respect of the sentence imposed at your court and let me have your comments or an amended Order of Imprisonment. 15/07/2015 UPDATE ISSUED

208 206 PAGE APPENDIX F Exceptional circumstances for UAL time When a sentenced prisoner (including a fine defaulter, a contemnor or a civil prisoner) has been unlawfully at large (UAL) from prison and is then returned to custody, the period of absence will not be treated as part of the sentence served unless the Justice Secretary directs that it should. In exceptional circumstances, it may be appropriate to allow a period spent UAL to count towards completion of the sentence. Each case will be considered on its individual merits. NOMS have advised that the following are examples of features that could be considered under exceptional circumstances, this list is by no means exhaustive. The length of time before the prisoner is informed that they are/have been UAL In cases of erroneous release, if a prisoner is identified as a release in error and is returned to custody relatively quickly, then their case may be less deserving than those who are identified after a lengthy period of release. The extent to which the prisoner has been disadvantaged by their return to custody For example, if the prisoner will lose employment and accommodation links. Whether the prisoner has deliberately withheld knowledge of the error If it can be established that the prisoner was well aware that they were released too soon then this would render the exercise of the Secretary of State s discretion inappropriate Public protection issues Consideration must be given to the circumstances of a prisoner s release, in particular the security conditions under which they were held immediately prior to release, and any outstanding and existing risk factors. Family issues Where the prisoner is a primary carer, regard must be paid to the care and wellbeing of the child or other person for whom they have been caring. Only in very exceptional circumstances would the Justice Secretary consider allowing UAL time that equated to more than 25% of the sentence term to count against sentence. In cases of releases in error Where a prisoner has been released in error, so they are unknowingly UAL through no fault of their own, and in addition they were released subject to conditions which placed significant restriction on their liberty, consideration should be given that a percentage of this time should count towards their sentence. 15/07/2015 UPDATE ISSUED

209 207 PAGE APPENDIX G Special Remission Where an error has been made in the calculation of a prisoner s sentence and Depending on the circumstances, the following factors may need to be taken into consideration: 1. The length of time the prisoner has been under a misapprehension If the error is discovered and rectified soon after it was made, then the prisoner is unlikely to have suffered any substantial disappointment and special remission would not normally be granted. If, however, the mistake is not discovered until shortly before the date on which he orshe expects to be released or the prisoner was given the date some time before being released then there may be a case for granting remission. There are no hard and fast rules; individual cases must be considered on their merits and in the light of precedents. 2. The extent to which the prisoner has made plans for release on the incorrect date If the prisoner has no family or job to go to and the mistake results only in a measure of personal disappointment, without affecting his or her future plans, the case for remission is weakened. If, on the other hand, the prisoner has made domestic plans or has secured an offer of employment which may be lost if he or she is not released to take it up, the grounds for remission are stronger. 3. Whether the prisoner has deliberately withheld knowledge of the error Occasionally, a prisoner who is well aware of the true extent of his or her sentence may deliberately remain silent in the hope of benefiting from an undiscovered error. This would weigh against the granting of remission. 4. The length of time or proportion of the sentence that would not be served Only in very exceptional circumstances would a liability to serve more than 25% of the term imposed by the court or a period of more than 2 months be cancelled by exercise of the Royal Prerogative. Where, exceptionally, this is considered appropriate, the views of the sentencing court must be obtained. 15/07/2015 UPDATE ISSUED

210 208 PAGE APPENDIX H SPECIAL REMISSION TABLE Always use the figures from page 2 of the calculation sheet. If you use figures from page 1 of the calculation sheet an allowance has to be made for any ADA s or UAL. A Number of days in the total sentence B Number of days to ARD, CRD, NPD, PED C Number of days earlier release approved D B - C to give a new total E Number of days remand (or police custody time) + D F G 100% of E for ARD, CRD, PED 50% of E (rounded down) for NPD E + F = new sentence length H A - G = number of days special remission A new calculation must now be carried out using the new sentence length (as at G above) 15/07/2015 UPDATE ISSUED

211 PAGE 209 Detention & Training Orders (DTO) and Section 104/105 Return APPENDIX I No. Name Establishment Date Reason for variation No of days SLED MTD ETD (If app.) LTD (If app.) TUSED (see guidance overleaf) Calc Initials Check Upon first reception after sentence DIAGRAM OF SENTENCE(S)

212 Detention & Training Order (DTO) and Section 104/105 Return Section 104 or Section 105 Return Length of term imposed (served in FULL) Re-release Date (dependant on any further sentence or term imposed) SLED from original DTO TUSED from original DTO (if app.) PAGE 173 days / wks / mos From to A B C D E F G TERM Length of individual DTOs and length of single terms if a further DTO is imposed either conc or cons from DOS/to NUMBER OF DAYS IN TERM DAYS SERVED ON APPEAL (If app.) SLED Number of Days at B from DOS Or; Where there are days served on appeal B C calculated from DOS NUMBER OF DAYS TO MTD B 2 (rounded up) Or; Where there are days served on appeal B 2 (rounded up) - C MTD Number of days at E reckoned from DOS TUSED Please refer to instructions below* Date in F + 12 months Term 1 months From to Term 2 months From to Term 3 months From to Jan Jan Leap Years Feb Feb 2016 *TUSED applies to individual DTOs or single terms of between 4 months and 24 months for O/C on or after 01/02/2015, where the offender is 18 or more at the half-way point of the term as adjusted for any relevant UAL(i.e. box F + UAL if applicable) Mar Mar 2020 Apr Apr 2024 May May 2028 Jun Jun 2032 Jul Jul 2036 Aug Aug 2040 Sep Sep 2044 Oct Oct 2048 Nov Nov 2052 Dec Dec UPDATE ISSUED16/07/2015

213 PAGE 211 MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT APPENDIX J 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.

214 PAGE 212 PAY-OUT CALCULATION SHEET APPENDIX K Number: Name: Sentence: Start Date: Release on: ADays in sentence (as reduced if applicable) BDays actually served Friday/Bank Holiday credit days e.g. Friday + 2 = days to ARD CDays entitlement Under 12 months - 100% of B 12 months & over - 50% of B* (rounded down) DB + C = days deemed to have been served EA - D = days to pay for * This only applies for terms in default of 12 months or more where the warrant of commitment was dated before Formula for Calculations C a l c u l a t i o n c o m p l e t e d Number of days to pay for x amount of original fine (Number of days in original term 1) Each fine must be calculated separately 1 days x ( - 1 day) 2 days x ( - 1 day) 3 days x ( - 1 day) 4 days x ( - 1 day) Total required to secure release b y: Date: = = = = Sub Total Minus any appropriations plus distress warrants = Amount required ( ) Checked by: Date: APPENDIX L

215 PAGE 213 EARLY RELEASE OF CIVIL PRISONERS Occasion Court Remand or police custody time applies? Civil and judgment debts Early release? Full payment required or part admissible? Council Tax Mag County no no part full Income Tax Mag County no no part full Maintenance arrears and costs Mag no no part Contempt of court (civil & criminal) Contempt of court, i.e. of some order of the court in connection with the case in hand Crown Mag High County no no no no no yes yes yes yes Disobey non-monetary order Mag no yes Failure to enter recognizances(i.e. to be bound over) Various acts of mischief in the Court Mag Crown Mag High County no no no no no yes yes yes yes

216 PAGE 214 APPENDIX M SCHEDULE 15 SPECIFIED OFFENCES FOR PURPOSES OF CHAPTER 5 OF PART 12 Section 224 Part 1 Specified Violent Offences 1 Manslaughter. 2 Kidnapping. 3 False imprisonment. 4 An offence under section 4 of the Offences against the Person Act 1861 (c 100) (soliciting murder). 5 An offence under section 16 of that Act (threats to kill). 6 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm). 7 An offence under section 20 of that Act (malicious wounding). 8 An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence). 9 An offence under section 22 of that Act (using chloroform etc to commit or assist in the committing of any indictable offence). 10 An offence under section 23 of that Act (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm). 11 An offence under section 27 of that Act (abandoning children). 12 An offence under section 28 of that Act (causing bodily injury by explosives). 15/07/2015 UPDATE ISSUED

217 PAGE An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm). 14 An offence under section 30 of that Act (placing explosives with intent to do bodily injury). 15 An offence under section 31 of that Act (setting spring guns etc with intent to do grievous bodily harm). 16 An offence under section 32 of that Act (endangering the safety of railway passengers). 17 An offence under section 35 of that Act (injuring persons by furious driving). 18 An offence under section 37 of that Act (assaulting officer preserving wreck). 19 An offence under section 38 of that Act (assault with intent to resist arrest). 20 An offence under section 47 of that Act (assault occasioning actual bodily harm). 21 An offence under section 2 of the Explosive Substances Act 1883 (c 3) (causing explosion likely to endanger life or property). 22 An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property). 23 An offence under section 1 of the Infant Life (Preservation) Act 1929 (c 34) (child destruction). 24 An offence under section 1 of the Children and Young Persons Act 1933 (c 12) (cruelty to children). 25 An offence under section 1 of the Infanticide Act 1938 (c 36) (infanticide). 26 An offence under section 16 of the Firearms Act 1968 (c 27) (possession of firearm with intent to endanger life). 27 An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence). 28 An offence under section 17(1) of that Act (use of firearm to resist arrest) /07/2015 UPDATE ISSUED

218 PAGE 216 An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act). 30 An offence under section 18 of that Act (carrying a firearm with criminal intent). 31 An offence under section 8 of the Theft Act 1968 (c 60) (robbery or assault with intent to rob). 32 An offence under section 9 of that Act of burglary with intent to-- (a) inflict grievous bodily harm on a person, or (b) do unlawful damage to a building or anything in it. 33 An offence under section 10 of that Act (aggravated burglary). 34 An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person. 35 An offence of arson under section 1 of the Criminal Damage Act 1971 (c 48). 36 An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson. 37 An offence under section 1 of the Taking of Hostages Act 1982 (c 28) (hostage-taking). 38 An offence under section 1 of the Aviation Security Act 1982 (c 36) (hijacking). 39 An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft). 40 An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft). 41 An offence under section 4 of that Act (offences in relation to certain dangerous articles). 42 An offence under section 127 of the Mental Health Act 1983 (c 20) (ill-treatment of patients). 43 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c 38) (prohibition of female circumcision). 44 An offence under section 1 of the Public Order Act 1986 (c 64) (riot). 15/07/2015 UPDATE ISSUED

219 PAGE An offence under section 2 of that Act (violent disorder). 46 An offence under section 3 of that Act (affray). 47 An offence under section 134 of the Criminal Justice Act 1988 (c 33) (torture). 48 An offence under section 1 of the Road Traffic Act 1988 (c 52) (causing death by dangerous driving). 49 An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs). 50 An offence under section 1 of the Aviation and Maritime Security Act 1990 (c 31) (endangering safety at aerodromes). 51 An offence under section 9 of that Act (hijacking of ships). 52 An offence under section 10 of that Act (seizing or exercising control of fixed platforms). 53 An offence under section 11 of that Act (destroying fixed platforms or endangering their safety). 54 An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation). 55 An offence under section 13 of that Act (offences involving threats). 56 An offence under Part II of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). 57 An offence under section 4 or 4A of the Protection from Harassment Act 1997 (c 40) (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress). 58 An offence under section 29 of the Crime and Disorder Act 1998 (c 37) (racially or religiously aggravated assaults). 59 An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c 64)). 59A An offence under section 54 of the Terrorism Act 2000 (weapons training). 15/07/2015 UPDATE ISSUED

220 PAGE B An offence under section 56 of that Act (directing terrorist organisation). 59C An offence under section 57 of that Act (possession of article for terrorist purposes). 59D An offence under section 59 of that Act (inciting terrorism overseas). 60 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder. 60A An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons). 60B An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas). 60C An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate). 61 An offence under section 1 of the Female Genital Mutilation Act 2003 (c 31) (female genital mutilation). 62 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia). 63 An offence under section 3 of that Act (assisting a non-uk person to mutilate overseas a girl's genitalia). 63A An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm). 63B An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts). 63C An offence under section 6 of that Act (training for terrorism). 63D An offence under section 9 of that Act (making or possession of radioactive device or material). 63E An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes etc). 63F An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc). 15/07/2015 UPDATE ISSUED

221 PAGE An offence of-- (a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, (b) conspiring to commit an offence so specified, or (c) attempting to commit an offence so specified. 65 An attempt to commit murder or a conspiracy to commit murder. Part 2 Specified Sexual Offences 66 An offence under section 1 of the Sexual Offences Act 1956 (c 69) (rape). 67 An offence under section 2 of that Act (procurement of woman by threats). 68 An offence under section 3 of that Act (procurement of woman by false pretences). 69 An offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse). 70 An offence under section 5 of that Act (intercourse with girl under thirteen). 71 An offence under section 6 of that Act (intercourse with girl under 16). 72 An offence under section 7 of that Act (intercourse with a defective). 73 An offence under section 9 of that Act (procurement of a defective). 74 An offence under section 10 of that Act (incest by a man). 75 An offence under section 11 of that Act (incest by a woman). 76 An offence under section 14 of that Act (indecent assault on a woman). 77 An offence under section 15 of that Act (indecent assault on a man). 15/07/2015 UPDATE ISSUED

222 PAGE An offence under section 16 of that Act (assault with intent to commit buggery). 79 An offence under section 17 of that Act (abduction of woman by force or for the sake of her property). 80 An offence under section 19 of that Act (abduction of unmarried girl under eighteen from parent or guardian). 81 An offence under section 20 of that Act (abduction of unmarried girl under sixteen from parent or guardian). 82 An offence under section 21 of that Act (abduction of defective from parent or guardian). 83 An offence under section 22 of that Act (causing prostitution of women). 84 An offence under section 23 of that Act (procuration of girl under twenty-one). 85 An offence under section 24 of that Act (detention of woman in brothel). 86 An offence under section 25 of that Act (permitting girl under thirteen to use premises for intercourse). 87 An offence under section 26 of that Act (permitting girl under sixteen to use premises for intercourse). 88 An offence under section 27 of that Act (permitting defective to use premises for intercourse). 89 An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen). 90 An offence under section 29 of that Act (causing or encouraging prostitution of defective). 91 An offence under section 32 of that Act (soliciting by men). 92 An offence under section 33 of that Act (keeping a brothel). 93 An offence under section 128 of the Mental Health Act 1959 (c 72) (sexual intercourse with patients) /07/2015 UPDATE ISSUED

223 PAGE 221 An offence under section 1 of the Indecency with Children Act 1960 (c 33) (indecent conduct towards young child). 95 An offence under section 4 of the Sexual Offences Act 1967 (c 60) (procuring others to commit homosexual acts). 96 An offence under section 5 of that Act (living on earnings of male prostitution). 97 An offence under section 9 of the Theft Act 1968 (c 60) of burglary with intent to commit rape. 98 An offence under section 54 of the Criminal Law Act 1977 (c 45) (inciting girl under sixteen to have incestuous sexual intercourse). 99 An offence under section 1 of the Protection of Children Act 1978 (c 37) (indecent photographs of children). 100 An offence under section 170 of the Customs and Excise Management Act 1979 (c 2) (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c 36) (indecent or obscene articles). 101 An offence under section 160 of the Criminal Justice Act 1988 (c 33) (possession of indecent photograph of a child). 102 An offence under section 1 of the Sexual Offences Act 2003 (c 42) (rape). 103 An offence under section 2 of that Act (assault by penetration). 104 An offence under section 3 of that Act (sexual assault). 105 An offence under section 4 of that Act (causing a person to engage in sexual activity without consent). 106 An offence under section 5 of that Act (rape of a child under 13). 107 An offence under section 6 of that Act (assault of a child under 13 by penetration). 108 An offence under section 7 of that Act (sexual assault of a child under 13). 109 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity). UPDATE ISSUED 15/07/2015

224 PAGE An offence under section 9 of that Act (sexual activity with a child). 111 An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity). 112 An offence under section 11 of that Act (engaging in sexual activity in the presence of a child). 113 An offence under section 12 of that Act (causing a child to watch a sexual act). 114 An offence under section 13 of that Act (child sex offences committed by children or young persons). 115 An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence). 116 An offence under section 15 of that Act (meeting a child following sexual grooming etc). 117 An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child). 118 An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity). 119 An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child). 120 An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act). 121 An offence under section 25 of that Act (sexual activity with a child family member). 122 An offence under section 26 of that Act (inciting a child family member to engage in sexual activity). 123 An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice). 124 An offence under section 31 of that Act (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity) /07/2015 UPDATE ISSUED

225 PAGE 223 An offence under section 32 of that Act (engaging in sexual activity in the presence of a person with a mental disorder impeding choice). 126 An offence under section 33 of that Act (causing a person with a mental disorder impeding choice to watch a sexual act). 127 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder). 128 An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception). 129 An offence under section 36 of that Act (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder). 130 An offence under section 37 of that Act (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception). 131 An offence under section 38 of that Act (care workers: sexual activity with a person with a mental disorder). 132 An offence under section 39 of that Act (care workers: causing or inciting sexual activity). 133 An offence under section 40 of that Act (care workers: sexual activity in the presence of a person with a mental disorder). 134 An offence under section 41 of that Act (care workers: causing a person with a mental disorder to watch a sexual act). 135 An offence under section 47 of that Act (paying for sexual services of a child). 136 An offence under section 48 of that Act (causing or inciting child prostitution or pornography). 137 An offence under section 49 of that Act (controlling a child prostitute or a child involved in pornography). 138 An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography). 139 An offence under section 52 of that Act (causing or inciting prostitution for gain). 15/07/2015 UPDATE ISSUED

226 PAGE An offence under section 53 of that Act (controlling prostitution for gain). 141 An offence under section 57 of that Act (trafficking into the UK for sexual exploitation). 142 An offence under section 58 of that Act (trafficking within the UK for sexual exploitation). 143 An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation). 143A * An offence under section 59A of that Act (trafficking for sexual exploitation). * not yet in force (inserted by the Protection of Freedoms Act 2012) 144 An offence under section 61 of that Act (administering a substance with intent). 145 An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence). 146 An offence under section 63 of that Act (trespass with intent to commit a sexual offence). 147 An offence under section 64 of that Act (sex with an adult relative: penetration). 148 An offence under section 65 of that Act (sex with an adult relative: consenting to penetration). 149 An offence under section 66 of that Act (exposure). 150 An offence under section 67 of that Act (voyeurism). 151 An offence under section 69 of that Act (intercourse with an animal). 152 An offence under section 70 of that Act (sexual penetration of a corpse). 153 An offence of-- (a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, (b) conspiring to commit an offence so specified, or (c) attempting to commit an offence so specified. 15/07/2015 UPDATE ISSUED

227 PAGE 225 APPENDIX N SCHEDULE 15B OFFENCES LISTED FOR THE PURPOSES OF SECTIONS 224A, 226A AND 246A Part 1 Offences Under the Law of England and Wales Listed for the Purposes of Sections 224A(1), 224A(4), 226A and 246A The following offences to the extent that they are offences under the law of England and Wales-- 1 Manslaughter. 2 An offence under section 4 of the Offences against the Person Act 1861 (soliciting murder). 3 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm). 4 An offence under section 16 of the Firearms Act 1968 (possession of a firearm with intent to endanger life). 5 An offence under section 17(1) of that Act (use of a firearm to resist arrest). 6 An offence under section 18 of that Act (carrying a firearm with criminal intent). 7 An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act An offence under section 1 of the Protection of Children Act 1978 (indecent images of children). 9 An offence under section 56 of the Terrorism Act 2000 (directing terrorist organisation). 10 An offence under section 57 of that Act (possession of article for terrorist purposes). 11 An offence under section 59 of that Act (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life. 15/07/2015 UPDATE ISSUED

228 PAGE An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons). 13 An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas). 14 An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate). 15 An offence under section 1 of the Sexual Offences Act 2003 (rape). 16 An offence under section 2 of that Act (assault by penetration). 17 An offence under section 4 of that Act (causing a person to engage in sexual activity without consent) if the offender is liable on conviction on indictment to imprisonment for life. 18 An offence under section 5 of that Act (rape of a child under 13). 19 An offence under section 6 of that Act (assault of a child under 13 by penetration). 20 An offence under section 7 of that Act (sexual assault of a child under 13). 21 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity). 22 An offence under section 9 of that Act (sexual activity with a child). 23 An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity). 24 An offence under section 11 of that Act (engaging in sexual activity in the presence of a child). 25 An offence under section 12 of that Act (causing a child to watch a sexual act). 26 An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence). 27 An offence under section 15 of that Act (meeting a child following sexual grooming etc) /07/2015 UPDATE ISSUED

229 PAGE 227 An offence under section 25 of that Act (sexual activity with a child family member) if the offender is aged 18 or over at the time of the offence. 29 An offence under section 26 of that Act (inciting a child family member to engage in sexual activity) if the offender is aged 18 or over at the time of the offence. 30 An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice) if the offender is liable on conviction on indictment to imprisonment for life. 31 An offence under section 31 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for life. 32 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender is liable on conviction on indictment to imprisonment for life. 33 An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on indictment to imprisonment for life. 34 An offence under section 47 of that Act (paying for sexual services of a child) against a person aged under An offence under section 48 of that Act (causing or inciting child prostitution or pornography). 36 An offence under section 49 of that Act (controlling a child prostitute or a child involved in pornography). 37 An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography). 38 An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence) if the offender is liable on conviction on indictment to imprisonment for life. 39 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult). 40 An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts). 41 An offence under section 9 of that Act (making or possession of radioactive device or materials) /07/2015 UPDATE ISSUED

230 PAGE 228 An offence under section 10 of that Act (misuse of radioactive devices or material and misuse and damage of facilities). 43 An offence under section 11 of that Act (terrorist threats relating to radioactive devices, materials or facilities). 44 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule ("a listed offence") or murder. (2) Conspiracy to commit a listed offence or murder. (3) Incitement to commit a listed offence or murder. (4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence or murder is the offence (or one of the offences) which the person intended or believed would be committed. (5) Aiding, abetting, counselling or procuring the commission of a listed offence. Part 2 Further Offences Under the Law of England and Wales Listed for the Purposes of Sections 224A (4), 226A and 246A 45 Murder. 46 (1) Any offence that-- (a) was abolished (with or without savings) before the coming into force of this Schedule, and (b) would, if committed on the relevant day, have constituted an offence specified in Part 1 of this Schedule. (2) "Relevant day", in relation to an offence, means-- (a) for the purposes of this paragraph as it applies for the purposes of section 246A(2), the day on which the offender was convicted of that offence, and (b) for the purposes of this paragraph as it applies for the purposes of sections 224A(4) and 226A(2), the day on which the offender was convicted of the offence referred to in section 224A(1)(a) or 226A(1)(a) (as appropriate). Part 3 Offences Under Service Law Listed for the Purposes of Sections 224A(4), 226A and 246A 47 An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule /07/2015 UPDATE ISSUED

231 PAGE 229 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 or 2 of this Schedule. (2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph. Part 4 Offences Under the Law of Scotland, Northern Ireland or a Member State Other than the United Kingdom Listed for the Purposes of Sections 224A(4) and 226A 49 An offence for which the person was convicted in Scotland, Northern Ireland or a member State other than the United Kingdom and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule. Part 5 Interpretation 50 In this Schedule "imprisonment for life" includes custody for life and detention for life. 15/07/2015 UPDATE ISSUED

232 PAGE 230 APPENDIX O SCHEDULE 18A Sentence under section 236A: offences Terrorism offences 1 An offence under section 4 of the Offences against the Person Act 1861 (soliciting murder) that has a terrorist connection. 2 An offence under section 28 of that Act (causing bodily injury by explosives) that has a terrorist connection. 3 An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm) that has a terrorist connection. 4 An offence under section 2 of the Explosive Substances Act 1883 (causing explosion likely to endanger life or property) that has a terrorist connection. 5 An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) that has a terrorist connection. 6 An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) that has a terrorist connection. 7 An offence under section 54 of the Terrorism Act 2000 (weapons training). 8 An offence under section 56 of that Act (directing terrorist organisation). 9 An offence under section 57 of that Act (possession of article for terrorist purposes). 10 An offence under section 59 of that Act (inciting terrorism overseas). 11 An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons). 12 An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas). 13 An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate). 14 An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts). 15 An offence under section 6 of that Act (training for terrorism). 16 An offence under section 9 of that Act (making or possession of radioactive device or material). 17 An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes etc). 18 An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc). 15/07/2015 UPDATE ISSUED

233 PAGE 231 Sexual offences 9 An offence under section 5 of the Sexual Offences Act 2003 (rape of a child under 13). 0 An offence under section 6 of that Act (assault of a child under 13 by penetration). Accessories and inchoate offences 21 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Schedule (a relevant offence ). (2) An attempt to commit a relevant offence. (3) Conspiracy to commit a relevant offence. (4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a relevant offence is the offence (or one of the offences) which the person intended or believed would be committed. 22 An offence in the following list that has a terrorist connection (a) (b) an attempt to commit murder, conspiracy to commit murder, and (c) an offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed. Abolished offences 23 An offence that (a) was abolished before the coming into force of section 236A, and (b) if committed on the day on which the offender was convicted of the offence, would have constituted an offence specified in the preceding paragraphs of this Schedule. Meaning of terrorist connection 24 For the purposes of this Schedule, an offence has a terrorist connection if a court has determined under section 30 of the Counter-Terrorism Act 2008 that the offence has such a connection. 15/07/2015 UPDATE ISSUED