Criminal Justice Act 2003
The CJA 2003 contained radical changes to that parole system. It has introduced a new range of sentences such as intermittent custody where people spend part of the week in prison and part in the community. It has also introduced a system where prisoners convicted of offences that are neither violent nor sexual will receive parole automatically at the halfway point of their sentence.
The CJA 2003 creates two new kinds of determinate sentences, one for under twelve months and one for twelve months and over, both of which include periods on licence. ‘Custody Plus’ is intended to replace the current custodial sentence of less than twelve months but this is still being piloted and outside of the pilot schemes, the old CJA 1991 release provisions apply to this group. For those who receive custody plus, the court will decide the total length of the sentence, which must be no longer than 51 weeks and then apportion it between a custodial period and a licence period. The custodial period must be at least two weeks and cannot be more than 13 weeks. The licence period must be at least six months and is subject to conditions. The sentencing court sets the licence conditions to be included. If the offender breaches the licence conditions he or she will be recalled to custody for part or all of the remaining supervision period.
In relation to determinate sentences of twelve months or longer, prisoners will be released automatically at the halfway point, irrespective of the length of the sentence. Offenders will remain on licence until the end of their sentence, subject to recall. The Parole Board will no longer be involved in decisions about the release of such prisoners.
If the prisoner receives an extended sentence, which is reserved for prisoners convicted of violent or sexual offences, the court specifies a normal prison sentence with a longer licence than normal to run on top of that sentence. The prisoner is eligible to be released at the half way point. However, this is a discretionary decision taken by the Parole Board and is not automatic.
For more serious convictions, the courts are required to impose a type of life sentence called Indefinite Detention for Public Protection (or IPP). This is dealt with under life sentences below.
The CJA 2003 creates two new kinds of determinate sentences, one for under twelve months and one for twelve months and over, both of which include periods on licence. ‘Custody Plus’ is intended to replace the current custodial sentence of less than twelve months but this is still being piloted and outside of the pilot schemes, the old CJA 1991 release provisions apply to this group. For those who receive custody plus, the court will decide the total length of the sentence, which must be no longer than 51 weeks and then apportion it between a custodial period and a licence period. The custodial period must be at least two weeks and cannot be more than 13 weeks. The licence period must be at least six months and is subject to conditions. The sentencing court sets the licence conditions to be included. If the offender breaches the licence conditions he or she will be recalled to custody for part or all of the remaining supervision period.
In relation to determinate sentences of twelve months or longer, prisoners will be released automatically at the halfway point, irrespective of the length of the sentence. Offenders will remain on licence until the end of their sentence, subject to recall. The Parole Board will no longer be involved in decisions about the release of such prisoners.
If the prisoner receives an extended sentence, which is reserved for prisoners convicted of violent or sexual offences, the court specifies a normal prison sentence with a longer licence than normal to run on top of that sentence. The prisoner is eligible to be released at the half way point. However, this is a discretionary decision taken by the Parole Board and is not automatic.
For more serious convictions, the courts are required to impose a type of life sentence called Indefinite Detention for Public Protection (or IPP). This is dealt with under life sentences below.
