As I said in my last blog sentencing is unnecessarily complicated.  When the judge announces a sentence the first thing everyone involved in the case wants to know is what does the sentence mean? How long will he serve? Will he get out earlier than the judge has said?  If he gets in more trouble can he be recalled? What part does the Parole Board play in all this?

 

In my last blog about life sentences here I explained that a life sentence may be imposed not just for murder but for a number of other serious offences.    In this blog I will try to explain the general principles that apply where sentences of imprisonment other than a life sentence are imposed.    In order to keep this article accessible to non-lawyers I am not going to address complex issues around consecutive sentences or where two different types of sentence are combined.

 

Determinate Sentences, sometimes called fixed term sentences

 

Before 1st April  2020

 

This is the most common type of sentence of imprisonment. These are the ones where the judge says “Stand up Smith.  You will go to prison for fourteen years.”  They are called “determinate” because unlike life sentences where the release date is unknown it is, or should be, easy to work out when someone given a determinate sentence will be released.

 

For anyone sentenced in this way before 1st April 2020 the answer to the question about how long they will serve is very simple.   Someone sentenced to a determinate sentence will be automatically released after serving half of the term of imprisonment announced.   The same applies if the person is sentenced for two offences at the same time.  If the judge says the sentences are concurrent, i.e. they run together, the prisoner will be released after serving half of whichever is the longer sentence. So, if Mr. Smith is sentenced to six years for one offence and four years for another and the judge orders them to be served concurrently, Mr. Smith will automatically be released after serving half of the longer of the sentences, here the sentence of six years and so will be released after three years.

 

In such cases the Parole Board is not involved in determining release.  In the first example above where Mr. Smith got fourteen years, he would be released on licence after serving seven years in prison.    The licence continues for the rest of the original term, in our example another seven years.   During that time Mr. Smith will be supervised by the probation service. He can be recalled to prison to continue serving his sentence if he breaches the terms of his licence, such as contacting the victims in his case.  He is also likely to be recalled to prison if he commits a further offence before the end of his licence period.

 

Some people complain that prisoners are released after serving only half their sentence.  They argue that prisoners should serve every day of the sentence the judge announced in court.  That is a valid argument.  But quite apart from the fact that early release frees up badly needed space in our already overcrowded prisons, releasing someone early puts the onus firmly on them. Behave and you can get on with your life.  Screw up and you go back to prison.

 

After 1st April 2020

 

So far so good then and I hope you have been able to follow what I have said.  However, for those sentenced after 1st April the position is different.

 

Anyone sentenced to imprisonment for a fixed term of seven years or more after 1st April 2020 for many of the most common violent and sexual offences as well as a number of other serious offences will now have to serve two-thirds of their sentence before being released.   Such prisoners will however still be released automatically at the two-thirds stage and will not need a Parole Board hearing.

 

From 26th February 2020 those already serving determinate sentences for terrorism offences will now have to serve two-thirds of their sentences and then only be released if the Parole Board are satisfied it is safe to release them.

 

Extended determinate sentences

 

This type of sentence applies to someone over 18 at the date of conviction where the judge considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious offences [often referred to as future dangerousness] but the judge doesn’t consider the offence merits a life sentence.   The judge must however consider that the offences would have merited at least four years imprisonment.

 

In addition to deciding the appropriate length of time the person must serve in prison [the custodial term] the judge must order that an extended period on licence is imposed, during which the person is subject to recall in the event they breach the terms of their licence. This can be up to five years for certain violent offences and up to eight years to certain sexual or terrorist offences.    The effect of this is therefore that even once released the offender remains subject to a longer period on licence and therefore remains at risk of recall.

 

Release from extended sentences

 

The rules relating to release from extended sentences changed in April 2015 and as a result there may still be a few people subject to a pre-April 2015 extended sentence who are eligible for automatic release at the two-thirds point of the custodial part of their sentence.   But we will concentrate on those who have received such a sentence at any time after April 2015.

 

Such prisoners now have to serve two-thirds of the custodial term. Even then they are not entitled to automatic release. Their case will be referred to the Parole Board for a decision as to whether it is safe to release them. If not, they must remain in prison. They can apply again annually to the Parole Board and at worst are entitled to be released at the end of the custodial term of the sentence.  In this way such a sentence still has a fixed end date beyond which the person cannot be detained.

 

The key purpose of these sentences is twofold.  First is to keep someone who is regarded as dangerous in prison longer than they would otherwise have had to serve. The second is to ensure that after release they are subject to a longer period on licence.  Let me try to illustrate licence periods.

 

Mr. Jones is sentenced to an extended determinate sentence of nine years, with six years as the custodial term and a three year extended licence.  After four years [two-thirds of the custodial term] he can apply for release. If he gets it, he is then on licence for the final two years of the custodial term plus the three years extended licence.  If he isn’t released immediately but is then successful on his next application to the Parole board he will be on licence for the rest of the custodial term as well as the extended licence.    He can be recalled, to continue serving the sentence at any time before the custodial term expires.  But whenever he is finally released, he will still be on licence for the three years the judge ordered.

 

Prison sentences under four years

 

Whatever your views on the merits of prison as a means of punishment there is a substantial element of agreement that short sentences achieve little if anything beyond shock value and a period of incarceration.  At the same time however, even short sentences can result in the loss of employment and the loss of a home and both of those are generally regarded as key elements in ensuring the stability of anyone’s life.

 

As a result, sentences under four years are treated differently.  First release is automatic from any such sentence and the Parole Board is not involved.  So someone sentenced to say 3 years and 4 months will be released after serving half, namely twenty months.   Anyone sentenced to more than twelve months will be released on licence.

 

In addition, however such persons may be eligible for what is known as Home Detention Curfew, or HDC.   This is perhaps more commonly known as release on tag, since the person will be subject to electronic monitoring to ensure they comply with any licence conditions.     There are a number of reasons why someone may not be eligible for HDC but it does apply to many prisoners.  The maximum period of HDC available is three months for someone sentenced to a term of under twelve months and four and a half months for anyone sentenced to between twelve months and under four years.

 

I hope this has proved of some help to those trying to figure out what a sentence that a judge has just announced actually means in practice.   Like I said at the start it is complicated.   I can’t cover every type of case that comes before the courts without making this article far too long and probably incomprehensible.   There are many cases where some of what I have said may need qualification.    If you are directly involved then you will need to check with the lawyers in the case, either CPS if you have been a victim of an offence, or the defence barrister or solicitor.