C2C6Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C2

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C6

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

C1C3C5C4C7Chapter 6F1 Release, licencesF14, supervision and recall

Annotations:
Amendments (Textual)
F14

Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)
C1

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Release on licence

I1250C5C4C7Licence conditions

1

In this section—

a

“the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and

b

“prescribed” means prescribed by the Secretary of State by order.

F82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F5... (including F5... a sentence imposed under section F6226AF17, 227 or 236AF23or under section 278 F34, 279 or 282A of the Sentencing Code) or any sentence of detention under section 91 F3or 96 of F24the PCC(S)A 2000, under section 250, F32252A, 254, 262, 265 F35, 266 or 268A of the Sentencing Code or under section F7226A, 226B,F4227 F18, 228 or 236A of this Act—

a

must include the standard conditions,

F19aa

must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000, and

b

may include—

i

any F16other condition authorised by section 62F13, 64 or 64A of the Criminal Justice and Court Services Act 2000 F11or section 28 of the Offender Management Act 2007, and

ii

such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

F224A

In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).

5

A licence under section 246 must also include a curfew condition complying with section 253.

F155A

Subsection (5B) applies to a licence granted, either on initial release or after recall to prison, F21to—

a

a prisoner F27, other than a terrorist prisoner, serving an extended sentence imposed under section 226A or 226B F26or under section 254, 266 or 279 of the Sentencing Code, other than a sentence that meets the conditions in section 246A(2) (release without direction of the Board)F20, or

b

a prisoner F28, other than a terrorist prisoner, serving a sentence imposed under section 236A F25or under section F33252A, 265 or 278 of the Sentencing Code.

F295AA

Subsection (5B) also applies to a licence granted, either on initial release or after recall to prison, to a terrorist prisoner in a case where the licence is granted following a direction of the Board for the prisoner’s release.

5B

The Secretary of State must not—

a

include a condition referred to in subsection (4)(b)(ii) in the licence, either on release or subsequently, or

b

vary or cancel any such condition included in the licence,

unless the Board directs the Secretary of State to do so.

F305BA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

a

the protection of the public,

b

the prevention of re-offending, and

c

securing the successful re-integration of the prisoner into the community.

F319

In this section “terrorist prisoner” means a prisoner to whom section 247A applies, or would apply but for the prisoner’s having been released on licence.