Commentary Release and supervision of offenders sentenced to less than 2 years Section 5: Consecutive terms
52.Section 5 relates to arrangements for release of offenders serving consecutive terms of imprisonment. It amends section 264 of the 2003 Act and inserts new section 264B to the same Act. New section 264B modifies the effect of section 264 when an offender is serving one or more sentences imposed for offences committed before commencement.
53.Section 5(2) amends section 264 to insert new subsections (3B) to (3E).
54.New section 264(3B) preserves unconditional release at the halfway point of sentence where the aggregate of the consecutive terms is less than 12 months and where, in respect of each of those terms, section 243A requires unconditional release (i.e. the categories referred to above in the explanation of section 1 of this Act). This subsection also imposes a licence period in every other case where an offender is released under section 264.
55.New section 264(3C) determines the period of licence and supervision under new section 256AA when all of the sentences are imposed for offences committed after commencement. New section 264(3C)(a) imposes a licence period equal to the aggregate of the remainder of the terms of imprisonment imposed. New section 264(3C)(b) imposes a supervision period under new section 256AA if it is required by at least one of the sentences and the aggregate length of the terms of imprisonment is less than 2 years.
56.New section 264(3D) determines the starting point of the supervision period under new section 256AA. The supervision period begins on expiry of the total licence period determined under new section 264(3C)(a). The end point of the supervision period is 12 months from the end of the requisite custodial period (under new section 256AA(4)(b)). The requisite custodial period for consecutive sentences is the aggregate of the custodial periods for the consecutive sentences as determined by sections 244(3)(d) and 264(2).
57.New section 264(3E) requires that an offender with a number of sentences imposed consecutively is subject to supervision under section 256B (supervision of certain young offenders after release from detention) if at least one of the sentences attracts supervision under section 256B. The period of supervision applies for three months from release of the offender (see section 256B(5)).
58.Subsections (3) and (3A) of section 264 are deleted. These subsections are no longer required as they are replaced by new provisions dealing with unconditional release and release on licence from aggregated sentences
59.Section 5(3) inserts new section 264B. The new section applies when an offender is released on licence under Chapter 6 of Part 12 of the 2003 Act, the aggregate length of the consecutive terms of imprisonment that were imposed is less than 12 months and at least one of the terms was imposed for an offence committed before the new provisions are commenced (a “short transitional term”) with at least one term imposed for an offence committed on or after the day of commencement.
60.New section 264B(2) determines the length of the licence period when there is at least one short transitional term to be served consecutively with one other term. The licence period is to be the aggregate of the remainder of each term of imprisonment that is not a short transitional term, following deduction of the relevant custodial period for each of those terms (as determined by section 264(6)). The licence period is to be served after the aggregate of the custodial periods for the sentences has been served.
61.Section 5(4) makes a consequential amendment to section 249 of the 2003 Act (which governs the length of a licence period).
62.Section 5(5) makes a consequential amendment to section 250 of the 2003 Act (which governs the conditions imposed under licence).
63.Sections 5(6) to (8) amend Schedule 20B to the 2003 Act to establish the date from which the supervision period is calculated under new section 256AA(4)(b) (the end of the requisite custodial period) for offenders with sentences subject to supervision under new section 256AA that are ordered to be served consecutively to sentences governed by Schedule 20B.
64.Section 5(7) inserts new sub-paragraph (3A) into paragraph 22 of Schedule 20B. Under new sub-paragraph (3A) the requisite custodial period is the period ending with the release of the offender.
65.Section 5(8) inserts new sub-paragraph (4) into paragraph 33 of Schedule 20B. Under new sub-paragraph (4) the requisite custodial period is the period ending with the release of the offender.