Commentary on Sections Part 12 - Sentencing Chapter 6: Release of Prisoners on Licence Section 258: Early release of fine defaulters and contemnors
589.This Section re-enacts, with appropriate modifications, section 45 of the Criminal Justice Act 1991 (as amended), which sets out the release provisions for persons committed to custody in default of payment of a fine or for contempt of court, which are not sentences of imprisonment and therefore are not covered by the normal release provisions.
590.Subsection (2) provides for unconditional release at the half-way point of the term. This would cover those serving terms of both under and over 12 months. Subsection (3) makes provision for offenders who are also serving a sentence of imprisonment. Subsection (4) provides a power to release these persons unconditionally on compassionate grounds.