Part 7: Sentencing and release Chapter 1: Custodial sentences Section 144: Calculation of period before release or Parole Board referral where multiple sentences being served
Section 144 provides clarification on when automatic release will take place and when referral to the Parole Board is required where a prisoner is serving concurrent or consecutive sentences.
	Subsection (1) inserts new section 33A in the Crime (Sentences) Act 1997 ("the 1997 Act") to deal with release where fixed-term sentences are concurrent with or consecutive to life sentences and makes consequential amendments.
	New section 33A(2) provides that release cannot take place from the life sentence until the prisoner must also be released from the fixed-term sentence.
	New section 33A(3) provides that referral to the Parole Board in respect of the life sentence does not take place before the parole referral date or automatic release date (whichever is applicable) of the fixed-term sentence is reached.
	New subsection 33A(4) provides that, for the purposes of the above provisions, the existence of the life sentence is to be ignored when considering what the release provisions which apply to the fixed-term sentence required. (That is to avoid circularity with new section 267C of the CJA 2003 – see below.)
	New subsection 33A(5) defines the "fixed-term provisions" as those set out in Chapter 6 of Part 12 of the CJA 2003.
	Subsections (2)-(8) amends Chapter 6 of Part 12 of the CJA 2003 to substitute references to subsection (2) of section 264 with references to the new subsections (2B), (2D) and (2E) of that section as inserted by subsection (10) of Section 142 in relation to requisite custodial periods – as below.
	Subsection (9) inserts new subsection (2)(aza) in section 263 of the CJA 2003 – dealing with concurrent terms – to provide that referral to the Parole Board, where there are concurrent fixed-term sentences, does not take place until the latest referral date on each of the sentences, or automatic release date where relevant, is reached.
	Subsection (10)(a) replaces subsection (2) of section 264 of the CJA 2003 – dealing with consecutive terms – with new subsections (2A) to (2F).
	New subsection (2A) applies new subsection (2B) where none of the consecutive sentences are subject to the parole process.
	New subsection (2B) requires an offender to serve the aggregate of all the relevant consecutive custodial periods before being released on licence.
	New subsection (2C) applies new subsections (2D) and (2E) where at least one of the consecutive sentences is subject to the parole process.
	New subsection (2D) provides that referral to the Parole Board does not take place until the aggregate of the minimum custodial period of the non-parole sentence(s) and the minimum custodial period(s) of the sentences that are subject to the parole process have been served.
	New subsection (2E) provides that release cannot take place until it has been directed by the Board or, the offender has reached the point at which the aggregate of all the minimum custodial periods of the non-parole sentences and maximum custodial periods of the sentences that are subject to the parole process have been served.
	New subsection (2F) sets out:
the release provisions of Chapter 6 of Part 12 of the CJA 2003 where the initial release from a term of imprisonment is an automatic release and;
the release provisions of Chapter 6 of Part 12 of the CJA 2003 where the initial release from a term of imprisonment is subject to a Parole Board referral.
	Subsection (10)(b) amends subsections (6) and (6A) of section 264 of the CJA 2003 to create a new definition of ‘minimum custodial period’ in relation to sentences where the initial release is automatic.
	Subsection (10)(c) inserts new subsection (6B) in section 264 of the CJA 2003. New subsection (6B) provides the definition of the ‘maximum custodial period’ (in relation to sentences where the initial release is subject to Parole Board referral.
	Subsection (11) inserts new section 267C in the CJA 2003 which deals with release where life sentences are concurrent or consecutive to fixed-term sentences.
	New section 267C(2) provides that release cannot take place from the fixed-term sentence unless the prisoner must also be released in accordance with the life sentence release provisions.
	New section 267C(3) ensures that referral to the Parole Board on the fixed-term sentence does not take place before the prisoner must also be referred to the Board or released in accordance with the life sentence release provisions.
	New section 267C(4) ensures, for the purposes of the above provisions, that the presence of the fixed-term sentence is to be ignored when considering what the release provisions which apply to the life sentence require. (That is to avoid circularity with new section 33A of the 1997 Act – see above).
	New section 267C(5) defines the "life sentence provisions" as those set out in Chapter 2 of Part 2 of the 1997 Act.
	Subsection (12) repeals section 11(1) and (4) of the Criminal Justice and Courts Act 2015. Those provisions (which have not been commenced) deal with the referral of a life sentenced prisoner’s case to the Parole Board where they are also serving a fixed-term sentence. They are no longer necessary because the position of such prisoners is now dealt with by new section 33A, as inserted by this Section.