Commentary on Sections Part 12 - Sentencing Chapter 6: Release of Prisoners on Licence Section 245: Restrictions on operation of section 244(1) in relation to intermittent custody Prisoners
575.Subsections (1) and (2) provide that an offender who has been returned to custody following a period unlawfully at large does not have to be released under section 244(1). He can be held while an application is made to the court to alter the pattern of intermittence under paragraph 6(1)(b) of Schedule 10. The Secretary of State has to make such an application within 72 hours, or release the offender to continue serving his sentence on an intermittent basis. If while being held, the offender’s custodial days expire, he is to be released under subsection (1)(b). Subsection (3) provides that an intermittent custody prisoner who has been recalled to prison does not fall to be released for his next licence period under section 244.