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SENTENCE CALCULATION – DETERMINATE SENTENCED PRISONERSThis instruction applies to / Reference
Prisons / PSI 13/2013
Issue Date / Effective Date
Implementation Date / Expiry Date
31 July 2013 AMENDED VERSION / 19 April 2013 / 18 April 2017
Issued on the authority of / NOMS Agency Board
For action by (Who is this Instruction for) / All staff responsible for the development and publication of policy and instructions;
NOMS HQ
All prisons
High Security Prisons only
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 will replace PSO 6650 - sentence calculation – which has been updated by numerous PSIs since it was originally issued in October 2002 and needs to be further updated to take account of the new release and recall provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which are due to be implemented on 3 December 2012. The PSI will consolidate all the previous relevant guidance and will make it easier for staff to access the relevant up to date instructions for calculating sentences and releasing prisoners on the correct, lawful date.
This latest version of the PSI contains an amendment at the third bullet point of Paragraph 4.3.3 following clarification from the Court of Appeal as to how the Prison Service must apply remand time that had previously been directed by a court as NOT to count.
Contact / Victoria Amat – Tel: 0203 334 4682 or Helen Scott – 0203 334 5045
Sentencing Policy and Penalties Unit, 102 Petty France, London, SW1H 9AJ. Fax: 0870 739 5888 or 0870 739 4062
Associated documents / PSI 30/2012 – Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 – General summary of release and recall provisions
Replaces the following documents which are hereby cancelled: PSO 6650, PSI 35/2003, PSI 10/2005, PSI 13/2005, PSI 50/2005, PSI 07/2007, PSI 20/2008, PSI 26/2008 , PSI 28/2008, PSI 42/2008, PSI 48/2008, PSI 17/2009, PSI 55/2010, Updates paragraphs 1.8, 1.9, 4.2.6, 7.9.1, 7.9.2 & 13.1.6 in PSI 39/2012 which is also cancelled.
Audit/monitoring: Deputy Directors of Custody and Controllers will monitor compliance with the mandatory actions set out in this Instruction.
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PSI 13/2013 UNCLASSIFIED AMENDED VER. ISSUE DATE 31/07/2013
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CONTENTS
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Section / Subject / For reference by1 / Executive Summary / All prison staff who are responsible for sentence calculations
1.2 / Background
1.5 / Desired outcomes
1.6 / Mandatory actions
1.14 / Statutory Provisions
1.22 / 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
1.1 / Purpose
Chapter 2 / Relevant Legislation and Determining Under Which CJA 2003 Release Arrangement a Sentence Falls to be Treated
2.1 / Relevant Legislation
2.2 / Release from a Determinate Sentence being Served in Addition to Other Types of Detention
2.3 / Summary of CJA 2003 Sentences Types and their Release Arrangements
2.4 / 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
3.1 / Required Documentation to Calculate a Sentence
3.2 / Time Limits for Calculating Release Dates
3.3 / Release Direct from Court
3.4 / Required Checks
3.5 / Mistakes by the Sentencing Court
Chapter 4 / Remand to Custody, Remand on Tagged Bail and Police Detention Time
4.1 / General Remarks
4.2 / Relevant Period
4.3 / Application of Remand to Custody
4.4 / Periods of Remand on Bail (Tagged Bail)
4.5 / Police Detention Time
4.6 / The Effect of a ‘Relevant Period’ on a Sentence
4.7 / Examples of What ‘Relevant Time’ is Applicable in Different Sentence Scenarios
4.8 / Single Sentences and Remand
4.9 / Consecutive Sentences and Remand
4.10 / Concurrent Sentences and Remand
4.11 / Where the Remand/Tagged Bail time Extinguishes the Custodial Part of a Sentence
4.12 / Previously uncredited remand time (Section 240ZA), tagged bail time (Section 240A) and court directed remand time (section 240) and a period of recall other than FTR’s
4.13 / Previously uncredited Remand/Tagged Bail and Fixed Term Recalls
4.14 / 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
5.1 / Purpose
5.2 / General Remarks
5.3 / Converting a Sentence in to Days
5.4 / Sentences Imposed on or after 3 December 2012
5.5 / Concurrent Standard Determinate Sentences Imposed on or after 3 December 2012
5.6 / Consecutive Standard Determinate Sentences Imposed on or after 3 December 2012
5.7 / Sentences Imposed BEFORE 3 December 2012
5.8 / 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
5.9 / 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
6.1 / Purpose
6.2 / Prisoners sentenced after release from an earlier sentence
6.3 / Licence recalls including HDC recalls
6.4 / Prisoners returned to prison under Section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly section 40 of CJA 1991)
Chapter 7 / Unlawfully At Large Time
7.1 / General Remarks
7.2 / Calculation of the period unlawfully at large
7.3 / Escapes/Absconds before 21 July 2008
7.4 / Escapes/Absconds on or after 21 July 2008
7.5 / Failures to Return from Temporary Release prior to 21 July 2008
7.6 / Failures to Return from Temporary Release on or after 21 July 2008
7.7 / Licence Recalls
7.8 / Releases in Error
7.9 / Sentenced prisoners held in a foreign country pending extradition
7.10 / Effect Of Being Unlawfully At Large On The Sentence(S) Being Served
7.11 / Absconders from other UK jurisdictions
Chapter 8 / Appeals
8.1 / General Remarks
8.2 / Effect of a quashed sentence or conviction on remand time for other matters
8.3 / Crown Court Appeal
8.4 / Court of Appeal (Civil and Criminal Divisions)
8.5 / Supreme Court
8.6 / Time Spent on Bail Pending Appeal
Chapter 9 / Additional Days Awarded
9.1 / General Remarks
9.2 / Remitting ADAs
9.3 / ADAs Awarded Prior to 2 October 2000
9.4 / ADAs and Single sentences imposed on or after 3 December 2012 or single sentences of 12 months or more imposed before that date for offences committed on or after 4 April 2005
9.5 / ADAs and sentences/single terms imposed prior to 3 December 2012 for offences committed before 4 April 2005 and sentences/single terms comprising sentences of less than 12 months imposed before 3 December 2012
9.6 / ADAs and Concurrent sentences that run parallel to one another
9.7 / ADAs and Consecutive Sentences.
9.8 / ADAs and Existing Prisoners (EPs)
9.9 / Prospective Additional Days (PADAs)
9.10 / ADAs and Periods of Licence Revoke
9.11 / RADAs and Periods of Licence Revoke
9.12 / Further Information on ADAs and RADAs
Annex C / Part III - Special Categories of Cases / All prison staff who are responsible for sentence calculations
All prison staff who are responsible for sentence calculations
Chapter 10 / Prisoners Transferred from Other Jurisdictions
10.1 / General Remarks
10.2 / Transfers under the Crime (Sentences) Act 1997
10.3 / Transfers under the Repatriation of Prisoners Act 1984
10.4 / Transfers under the Crime (International Co-operation) Act 2003
10.5 / Transfers under the Colonial Prisoners Removal Act 1984
10.6 / Transfers from the International Criminal Courts
10.7 / Queries about Transferred Prisoners
Chapter 11 / Extended Sentences
11.1 / General Remarks
11.2 / Calculation of Extended Sentences (EDS) Imposed Under Section 226A or 226B
11.3 / Multiple Extended Determinate Sentences
11.4 / Calculation of Extended Sentences Imposed under Section 227/228
11.5 / Section 227/228 sentences imposed prior to 14 July 2008
11.6 / Calculation of Section 85 extended sentences
11.7 / Interaction of Section 226A/Section 226B EDS with a Standard Determinate Sentence (SDS) imposed on or after 3 December 2012
11.8 / Interaction of EDS with a Standard Determinate Sentence (SDS) imposed before 03/12/2012
11.9 / Interaction of a section 227/228 extended sentence Imposed on or after 14 July 2008 with an SDS
11.10 / Interaction of a Section 227/228 extended sentences imposed before14 July 2008 with an SDS
11.11 / Interaction of Section 85 extended sentences with SDS
Chapter 12 / Court Martial
12.1 / General Remarks
12.2 / Time spent in custody prior to Court Martial
12.3 / Court Martial Appeals
12.4 / Service Civilian Court Appeals
Chapter 13 / Special Remission
13.1 / Errors in Calculation
13.2 / Calculation of Special Remission
13.3 / Special Remission for Meritorious Conduct
13.4 / Table for Calculations
Chapter 14 / Young Offenders
14.1 / General Remarks
14.2 / Sentence of DYOI: offenders aged 18, 19, and 20
14.3 / Sentence of detention under section 91(3) of the PCC(S)A 2000
14.4 / Remand Time
14.5 / Supervision After Release
14.6 / Detention and Training Orders
14.7 / Breach of Gang Injunction
Chapter 15 / Detention and Training Orders
15.1 / General Remarks
15.2 / Calculating the Release Date
15.3 / Remand and Credit for Time Spent on Tagged Bail
15.4 / Additional Days
15.5 / Multiple DTOs
15.6 / Early and Late Release
15.7 / Interaction with Sentences of DYOI
15.8 / Interaction with Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 and Extended Sentences Imposed under Section 226B or 228 of CJA 2003
15.9 / Breach of supervision requirements of a DTO - section 104 of the 2000 Act (as amended by section 80 of the LASPOA 2012)
15.10 / Re-offending during the DTO: order of re-detention under section 105 of the 2000 Act
Annex D / Part IV - Terms of Imprisonment / All prison staff who are responsible for sentence calculations
Chapter 16 / Terms of Imprisonment in Default of Payment
16.1 / General Remarks
16.2 / Procedures
16.3 / Calculating Release Dates for a Term in Default
16.4 / Multiple Terms in Default
16.5 / Multiple Terms of Default – Different Release Schemes
16.6 / Interaction of Terms in Default with Non-Default Sentences and Terms
16.7 / Appropriations
16.8 / Pay-Outs
16.9 / Additional Days Awarded
16.10 / Costs of Issue of Warrant
Chapter 17 / Civil Prisoners
17.1 / General Remarks
17.2 / Contempt
17.3 / Non Payment
Annex E / Part V - Appendices to the Operational Guidance / All prison staff who are responsible for sentence calculations
Appendix A / Abbreviations
Appendix B / Calculation Sheets
Appendix C / Counting of Time in Custody before Sentence
Appendix D / Police Custody Forms
Appendix E / Draft Lines to send to the Court Ref a Sentence being made Consecutive to a Licence Recall
Appendix F / Exceptional Circumstances for Unlawfully At Large
Appendix G / Special Remission
Appendix H / Special Remission Table
Appendix I / DTO Calculation Sheet
Appendix J / Minimum Periods
Appendix K / Pay-Out Calculation Sheet
Appendix L / Civil Prisoner Early Release Table
Appendix M / Schedule 15 – Specified Offences for Purposes of Chapter 5 of Part 12
Appendix N / Schedule 15B – Offences Listed for the Purposes of Sections 224A, 226A and 246A
PSI 13/2013 UNCLASSIFIED AMENDED VER. ISSUE DATE 31/07/2013
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1. Executive Summary
1.1 This PSI updates, consolidates and replaces previous Sentence Calculation instructions – in particular PSO 6650. It incorporates the new instructions for calculating sentences imposed on or after 3 December 2012 following implementation of the release and recall provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012). These instructions will be required for prison staff who are responsible for sentence calculations in order to ensure prisoners are released on the correct date according to the relevant legislation.
Background
1.2 Prison Service Order 6650 was issued in October 2002 and since then a number of PSIs have been issued to reflect changes in the policy and legislation – in particular on counting UAL time and changes made by the Criminal Justice Act 2003 and the Criminal Justice and Immigration Act 2008. All these instructions now need to be consolidated and updated to reflect the changes that will come into effect on or after 3 December 2012 as a result of the release and recall provisions contained in the LASPOA 2012.
1.3 The changes that affect sentence calculation are in respect of:-
· The calculation of all standard determinate sentences imposed on or after 3 December 2012 irrespective of date of offence, including a change to the calculation of sentences of less than 12 months imposed on or after that date;