SENTENCE CALCULATION DETERMINATE SENTENCED …

1 SENTENCE CALCULATION DETERMINATE SENTENCED PRISONERS This instruction applies to:- Reference:- Prisons PSI 03/2015 Issue Date Effective Date Implementation Date Expiry Date 23 December 2015 (Re-issue) 01 February 2015 31 January 2019 Issued on the authority of NOMS Agency Board For action by 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 Instruction type Service improvement /legal compliance For information NOMS Headquarters Provide a summary of the policy aim and the reason for its development/revision This PSI 03/2015 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

2 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. This was re-issued in December 2015 due to format issues, the content remains unchanged.

3 Update 16 July 2015 -This re-issue of the PSI is to reflect two further pieces of legislation that affect the CALCULATION of release dates: 1) The Criminal Justice and Courts Act 2015 (CJ&CA 2015) which was implemented on 13 April 2015 and 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.

4 Contact Sentencing Policy and Penalties Unit, 102 Petty France, London, SW1H 9AJ - Victoria Amat 07775 010493 or 0203 334 4682 - Helen Scott 07799 478603 or 0203 334 5045 Fax: 0870 739 5888 or 0870 739 4062 Associated documents PSO 6700 Home Detention Curfew (and associated PSIs) PSI 16/2010 - Confiscation Orders PSI 23/2014 - Prison NOMIS PSI 47/2011 - Prisoner Discipline Procedures PSI 37/2012 - Supervision of Young Offenders PSI 37/2013 - NOMS Finance Manual PSI 30/2014 Recall, Review, Re-Release of Recalled Offenders Replaces the following documents which are hereby cancelled.

5 The previous version of this PSI 03/2015 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/contract managers 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.

6 Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to. PAGE 1 PSI 03/2015 UPDATE ISSUED 23/12/2015 CONTENTS Hold down Ctrl and click on section titles below to follow link Section Subject For reference by 1 Executive Summary All prison staff who are responsible for SENTENCE calculations Background Exclusions from Post SENTENCE Supervision Exclusions from release on licence Special Custodial Sentences for Offenders of

7 Particular Concern (SOPC) Ending Automatic release at the two thirds point of Extended DETERMINATE Sentences (EDS) Desired outcomes Mandatory actions Statutory Provisions Resource impact 2 Operational Guidance Annex A Part I - Introduction and Calculating the SENTENCE of the Court All prison staff who are responsible for SENTENCE calculations Chapter 1 Introduction Purpose Chapter 2 Relevant Legislation and Determining Under Which CJA 2003 Release Arrangement a SENTENCE Falls to be Treated Relevant Legislation Release from a DETERMINATE SENTENCE being Served in Addition to Other Types of Detention Summary of CJA 2003 Sentences

8 Types and their Release Arrangements 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 Required Documentation to Calculate a SENTENCE Time Limits for Calculating Release Dates Release Direct from Court Required Checks Mistakes by the Sentencing Court Chapter 4 Remand to Custody, Remand on Tagged Bail and Police Detention Time General Remarks Relevant Period Application of Remand to Custody Periods of Remand on Bail (Tagged Bail) Police Detention Time The Effect of a Relevant Period on a SENTENCE Examples of What Relevant Time is Applicable in Different SENTENCE Scenarios Single Sentences and Remand Consecutive Sentences and Remand Concurrent Sentences and Remand Where the Remand/Tagged Bail time Extinguishes the Custodial Part of a SENTENCE Previously uncredited remand time (Section 240ZA)

9 , PAGE 2 PSI 03/2015 UPDATE ISSUED 23/12/2015 tagged bail time (Section 240A) and court directed remand time (section 240) and a period of recall other than FTR s Previously uncredited Remand/Tagged Bail and Fixed Term Recalls 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 Purpose General Remarks Post SENTENCE Supervision Breach of Post SENTENCE Supervision Converting a SENTENCE in to Days Sentences Imposed on or after 3 December 2012 Concurrent Standard DETERMINATE Sentences Imposed on or

10 After 3 December 2012 Consecutive Standard DETERMINATE Sentences Imposed on or after 3 December 2012 Consecutive Sentences Imposed BEFORE 3 December 2012 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 2012 Multiple Sentences Comprising Sentences Imposed on or after 3 December 2012 and Sentences Imposed Before that Date Annex B Part II - Changes in Circumstances All prison staff who are responsible for SENTENCE calculations Chapter 6 Prisoners SENTENCED after Release from an Earlier SENTENCE or Returned or Recalled to Custody Purpose Prisoners SENTENCED after release from an earlier SENTENCE Licence recalls including HDC recalls Prisoners returned to prison under Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 40 of CJA 1991)