Criminal Justice Act 1991
This applies to all people sentenced after October 1992 but before the implementation of the CJA 2003. Prisoners serving less than four years are automatically released halfway through their sentence. Those serving twelve months or less are released unconditionally. Those serving over twelve months are released on licence until the three-quarters point of the sentence and are subject to compulsory supervision by the probation service. Conditions may be attached to the licence, for example to attend medical or psychiatric treatment, not to undertake certain types of work or not to communicate with named people. If the licence is breached, the prisoner can be recalled to prison until the three-quarters point of his or her sentence.
Once released, if the prisoner commits any offence punishable by imprisonment between the time of release and the date when the original sentence runs out, the court has the power to impose an additional sentence which can be as long as the balance of the original sentence that was outstanding at the time of the fresh offence was committed.
For those serving four years or more, the system of parole is as follows: eligible for release on parole once half of the sentence has been served at the discretion of the Parole Board; at the two-thirds stage of the sentence automatic release on a non-parole licence. Recommendations by the Parole Board to release prisoners serving fifteen years or more must be approved by the Secretary of State (although this is the subject of a legal challenge at the time of writing).
Between the two-thirds automatic release point and the three-quarters point in the overall sentence, the prisoner will be on parole licence. Long-term prisoners who are in breach of parole licence conditions may be recalled to prison and if recalled, they may remain in prison until the three-quarters point of the original sentence. If recalled, prisoners must be told of the reasons for recall and can appeal against the decision in writing to the Parole Board. If the Board think the recall was valid, then it is possible to seek an oral hearing to argue the case. Legal representation is allowed at any oral hearing. If the recall is upheld, the licence will run until the very end of the sentence. Any further breaches of the licence will mean that the prisoner can be detained until the sentence expiry date.
This group of prisoners also remain ȁc;at riskȁd; for the duration of their sentence and can be given a further prison sentence if they re-offend before the sentence expires.
There have been legal challenges relating to prisoners convicted of offences committed before the CDA 1998 came into force on 1 October 1998. That group were originally only allowed to be on licence until the three quarter point of their sentence but the Home Office now maintains that if they are recalled, they will remain on licence for the whole sentence. In a recent decision the House of Lords held that a long term prisoner who had been sentenced before the CDA 1998 was entitled to unconditional release at the three-quarter point of his sentence. Therefore, if a prisoner has been sentenced prior to September 30 1998 they will only be allowed to remain on licence until three quarters of their sentence has expired, at which point they have to be unconditionally released.
Once released, if the prisoner commits any offence punishable by imprisonment between the time of release and the date when the original sentence runs out, the court has the power to impose an additional sentence which can be as long as the balance of the original sentence that was outstanding at the time of the fresh offence was committed.
For those serving four years or more, the system of parole is as follows: eligible for release on parole once half of the sentence has been served at the discretion of the Parole Board; at the two-thirds stage of the sentence automatic release on a non-parole licence. Recommendations by the Parole Board to release prisoners serving fifteen years or more must be approved by the Secretary of State (although this is the subject of a legal challenge at the time of writing).
Between the two-thirds automatic release point and the three-quarters point in the overall sentence, the prisoner will be on parole licence. Long-term prisoners who are in breach of parole licence conditions may be recalled to prison and if recalled, they may remain in prison until the three-quarters point of the original sentence. If recalled, prisoners must be told of the reasons for recall and can appeal against the decision in writing to the Parole Board. If the Board think the recall was valid, then it is possible to seek an oral hearing to argue the case. Legal representation is allowed at any oral hearing. If the recall is upheld, the licence will run until the very end of the sentence. Any further breaches of the licence will mean that the prisoner can be detained until the sentence expiry date.
This group of prisoners also remain ȁc;at riskȁd; for the duration of their sentence and can be given a further prison sentence if they re-offend before the sentence expires.
There have been legal challenges relating to prisoners convicted of offences committed before the CDA 1998 came into force on 1 October 1998. That group were originally only allowed to be on licence until the three quarter point of their sentence but the Home Office now maintains that if they are recalled, they will remain on licence for the whole sentence. In a recent decision the House of Lords held that a long term prisoner who had been sentenced before the CDA 1998 was entitled to unconditional release at the three-quarter point of his sentence. Therefore, if a prisoner has been sentenced prior to September 30 1998 they will only be allowed to remain on licence until three quarters of their sentence has expired, at which point they have to be unconditionally released.
