Prison Service Order

ORDER

NUMBER
6650
/ Sentence Calculation
Date of Issue
/ Amendment
23/10/2002 / Replaces SO 3C, SO 15 & numerous CI’s, IG’s and PSI’s
PSI Amendments should be read in conjunction with PSO
18/11/2008 / PSI 42/2008 – Time on tagged bail. Adds paragraph 18.4.1.3
10/06/2008 / PSI 20/2008 - Time unlawfully at large – replaces para 7.1.1
[In this version Para 7.1.1 has been replaced]
23/05/2008 / PSI 17/2008 – amends paragraphs 1.2.3(iii) and 5.5.1 in relation to release dates for DCR prisoners.
PSI 17/2008 must be read in conjunction with these paragraphs.
CAUTION this version of PSO6650 has NOT been updated to reflect these changes.
21/04/2005 / PSI 13/2005 – Addition of Chapter 18
29/03/2005 / PSI 11/2005 - Criminal Justice Act 2003: New Sentences
18/03/2005 / PSI 10/2005 – Amendment: Remand time prior to imposition of a Community Punishment and rehabilitation Order.
20/09/2004 / PSO 4620 replaces sections of PSO 6650 referring to Confiscation Orders.
06/08/2003 / PSI 35/2003 - Counting of unlawfully at large time

Link to Contents

INTRODUCTION BY THE DIRECTOR OF RESETTLEMENT

1. This Prison Service Order (PSO) consolidates and updates all existing guidance on sentence calculation. It replaces the standing orders or instructions listed at the end of this Introduction.

2. The PSO is based on existing legislation and case law. It introduces no new procedures and reflects what should be current practice in establishments. Amendments to the manual to reflect changes in the law or decisions of the courts will be issued when necessary.

Implementation

3. This PSO comes into effect immediately.

Mandatory actions

4. Staff must comply with the instructions in the PSO, all of which are mandatory.

Monitoring

5. Sentence calculation procedures are the subject of self-audit by establishments. Standards Audit Unit will also monitor compliance with the measurable baselines in the Sentence Calculation Standard.

Contact

6. Any enquiries about this PSO may be addressed to:

Lynette Heugh or Helen Scott

Prisoner Administration Group

Prison Service Headquarters

Cleland House

Page Street

London SW1P 4LN

Tel. 020 7217 6920 or 020 7217 6794

Fax. 020 7217 6938

NOTE FOR ESTABLISHMENT LIAISON OFFICERS
ELOs must record the receipt of the Prison Service Order - SENTENCE CALCULATION MANUAL - as issue *** as set out below. the PSO must be placed with those sets of orders as mandatorily required by Chapter 4 of PSO 0001.
Issue no. / Date / Order no. / Title and/or description / Date entered in set / ELO signature
157 / 23/10/02 / 6650 / Sentence calculation manual

Colin Harnett

Acting Director of Resettlement


ORDERS OR INSTRUCTIONS REPLACED BY PSO 6650

SO 3C Calculation of sentences

SO 15 Fines and other default terms

CI 33/86 Calculation of sentences

CI 29/92 Criminal Justice Act 1991 - Changes in sentence calculation, transitional arrangements

CI 33/92 Criminal Justice Act 1991 - Revision of Standing Order 3C

CI 39/92 Criminal Justice Act 1991: Release direct from court or police cells

IG 19/1995 UAL time on concurrent & overlapping sentences

IG 24/1995 Young offenders, section 38s and 40s

IG 107/1995 Terms of imprisonment of 5 days or less

IG 110/1995 Council tax defaulters

IG 20/1996 Police detention

IG 63/1996 Sentence calculation

IG 64/1996 Sentence calculation - consecutive sentences

IG 72/1996 Sentence calculation

IG 75/1996 Sentence calculation

IG 78/1996 Sentence calculation

IG 92/1996 Sentence calculation

AG58/1996 Sentence calculation

PSI 43/1997 Sentence calculation: concurrent sentences

PSI 4/1998 Sentence calculation - counting of remand time

PSI 51/1998 Crime and Disorder Act 1998: sentence calculation and release on licence

PSI 74/1998 Sentence calculation: orders under section 40 of the Criminal Justice Act 1991

PSI 17/2000 Sentence calculation: juvenile remand to local authority accommodation

PSI 33/2001 Sentence calculation: Detention and Training Orders.

CONTENTS

Abbreviations

Introduction

Part I Calculating the sentence of the court

Chapter 1 The basic principles of sentence calculation

1.1 Introductory remarks

1.2 Criminal Justice Act 1991

1.3 Prisoners sentenced prior to the 1991 Act (“existing prisoners”)

Chapter 2 Procedures

2.1 Time limit for calculating release dates

2.2 Release direct from court

2.3 Documentation

2.4 Back records

2.5 Checking

2.6 Mistakes by the sentencing court

Chapter 3 Prisoners with more than one determinate sentence

3.1 Introductory remarks

3.2 ‘Single term’

3.3 Single term: concurrent sentences

3.4 Single term: consecutive sentences

Chapter 4 Remand time and police detention time

4.1 Remand time: ‘relevant period’

4.2 Remand time to count towards time served

4.3 Where the remand time period extinguishes the custodial part of the sentence

4.4 Single sentences

4.5 Consecutive sentences

4.6 Concurrent sentences

4.7 Separate sentences and shared remand

4.8 Recall or return

4.9 Police detention time

Chapter 5 How to calculate a sentence

5.1 General remarks

5.2 Principles of calculation

5.3 Prisoners over 21 serving less than 12 months, YOs serving 12 months or less DYOI or term under section 91(3) of the 2000 Act

5.4 Prisoners over 21 serving 12 months or more but less than 4 years, YOs serving more than 12 months but less than 4 years DYOI or term under section 91(3) of the 2000 Act

5.5 All prisoners serving 4 years or more

5.6 Calculation sheets

5.7 Examples of calculations

Part II Changes in circumstances

Chapter 6 Prisoners sentenced after release from earlier sentence or returned or recalled to custody

6.1 Prisoners sentenced after release from an earlier sentence

6.2 Prisoners released on licence: short term prisoner’s licence suspended by a Magistrate’s Court (section 38 of the 1991 Act)

6.3 Prisoners released on licence: licence revoked by Secretary of State (section 39 of the 1991 Act)

6.4 Prisoners returned to prison for an offence committed during the ‘at risk’ period (section 116 of the 2000 Act)

Chapter 7 Unlawfully at large

7.1 General remarks

7.2 Calculation of the period unlawfully at large

7.3 Effect of being unlawfully at large on consecutive sentences

7.4 Effect of being unlawfully at large on concurrent sentences

7.5 Absconders from other UK jurisdictions

Chapter 8 Appeals

8.1 General remarks

8.2 Crown Court

8.3 Court of Appeal (Civil and Criminal Divisions)

8.4 House of Lords

Chapter 9 Additional days awarded

Part III Special categories of cases

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 Criminal Justice (International Co-operation) Act 1990

10.5 Transfers under the Colonial Prisoners Removal Act 1884

10.6 Queries about transferred prisoners

Chapter 11 Extended sentences

11.1 General remarks

11.2 Calculating release dates on an extended sentence

11.3 Effect of an extended sentence on other sentences

11.4 An extended sentence which overlaps another sentence but there is no single term

11.5 Unlawfully at large and additional days awarded

11.6 Return to prison of extended sentence prisoners released on licence

11.7 Recall to prison of extended sentence prisoners released on licence

Chapter 12 Courts martial

12.1 General remarks

12.2 Time spent in custody prior to court martial

12.3 Appeal

Chapter 13 Special remission

13.1 Errors in calculation

13.2 Special remission for meritorious conduct

13.3 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 2000 Act

14.4 Remand time

14.5 Supervision after release

14.6 Detention and training orders

Chapter 15 Detention and Training Orders

15.1 General remarks

15.2 Calculating the release date

15.3 Remand and police custody time

15.4 Multiple DTOs

15.5 Early and late release

15.6 Interaction with sentences of DYOI

15.7 Section 91 of the 2000 Act

15.8 Recall - section 104 of the 2000 Act

15.9 Re-offending during the DTO: order of re-detention under section 105 of the 2000 Act

15.10 Periods of recall or re-detention to be served in full

Chapter 16 Terms of imprisonment in default

16.1 General remarks

16.2 Procedures on reception and release

16.3 Release dates

16.4 Consecutive terms

16.5 Appropriations

16.6 Pay-outs

16.7 Acceptance of payment

16.8 Hours for the receipt of payment

16.9 Additional days awarded

16.10 Costs of issue of warrant

16.11 Lodged warrants

16.12 Confiscation orders

16.13 Remaining liabilities

Chapter 17 Civil prisoners

17.1 General remarks

17.2 Contempt

17.3 Non payment

17.4 Additional days

Chapter 18 CJA2003 – Determinate sentence of 12 months and over

18.1  General remarks

18.2  Calculating a single determinate sentence of 12 months and over

18.3  Multiple sentences of 12 months and over

18.4  Effect of remand time on 12 months and over sentences

18.5  Revocation of licence

18.6  Calculating UAL

18.7  Added days awarded

18.8  Appeals

18.9  Interaction with other types of sentence

18.10  Interaction with under 12 month sentences for offences committed on or after 04/04/05

18.11  Interaction with lodged warrants/fines

18.12  Interaction with a DTO

18.13  Extended sentences for Public Protection post CJA03

18.14  Terms of imprisonment in default and contemnors

18.15  Calculating HDC eligibility dates

ANNEXES

A - Counting of time in custody before sentence: examples of periods to be counted and periods not to be counted

B - Forms for police custody time

C - Sentence calculation sheets

D - Calculating periods of special remission

E - List of local authority secure units

F - Calculation sheet for DTOs

G - Maximum periods of imprisonment in default of payment

H - Calculation sheet for pay-outs

I - Early release for civil prisoners

J - Remand pro forma

i - Calculation sheet for CJA03 sentences 12 months and over

ii - Calculation sheet for CJA03 extended sentence for public protection

ABBREVIATIONS

The following abbreviations are used in the manual:

ADAs Added days awarded

ARD Automatic release date

B Bailed

CED Custody end date

CJA03 Criminal Justice Act 2003

COACD Court of Appeal Criminal Division

CRD Conditional release date

DTO Detention and training order

DYOI Detention in a young offender institution

ERRS Early release and recall section

ESPP Extended sentence for Public Protection

HDC Home detention curfew

HDCED Home detention curfew eligibility date

LED Licence expiry date

NPD Non parole date

PACE Police and Criminal Evidence Act 1984

PADAs Prospective added days awarded

PED Parole eligibility date

PRRD Post recall release date

PSO Prison Service Order

RDR Resettlement day release

ROR Resettlement overnight release

ROTL Release on temporary licence

Rx Remand

S Sentenced

SED Sentence expiry date

SLED Sentence and licence expiry date

UAL Unlawfully at large time

1967 Act Criminal Justice Act 1967

1991 Act Criminal Justice Act 1991

2000 Act Powers of Criminal Courts (Sentencing) Act 2000

In the diagrams, R is remand time (including police detention time) and S is the date of sentence.

References to governors must be treated as applying to governors/directors of prisons and YOIs, and references to prisoners must be treated as applying to offenders held in prisons and YOIs, except where the contrary is indicated.


INTRODUCTION

0.1 This manual provides guidance to prison staff on the principles of sentence calculation for determinate sentences of imprisonment (i.e. persons sentenced to imprisonment or detention for fixed periods of time). Governors have a legal duty to detain such persons for so long as is required by the orders of the court. They must take every realistic step to ensure that all prisoners’ release dates are calculated accurately and in accordance with the law. Release dates are calculated on the basis of Acts of Parliament, applied to the sentence set out in the orders of the court. There is no discretion in the process.

0.2 Everything in this manual is mandatory. It explains how the law must be applied in a wide variety of circumstances which may arise. The manual is divided into three parts. Part I covers the core sentence calculation principles: what you need to know to carry out a calculation. Part II covers changes to circumstances after initial sentence, including sentences imposed after release from an earlier sentence. Part III covers special categories, including young offenders, fine defaulters and civil prisoners.

0.3 Sentence calculation staff must be broadly familiar with the contents of the manual and know how to use it as a source of reference when particular cases arise which they are unsure how to deal with.

0.4 The guidance in this manual is based on current legislation, as clarified in specific areas by decisions of the courts, but legislation and case law are continually evolving. Additional guidance and amendments will be issued as the need arises.

0.5 The law relating to sentence calculation is complex. The right way to calculate a sentence may not always be obvious, particularly where multiple sentences interact. It would be a mistake for the manual to try to cover every type of case which might conceivably arise. Where a case is not covered, or where there is any doubt as to how the guidance should be applied to particular cases, advice must be sought from the sentence calculation helplines at Prison Service headquarters.

0.6 This manual is not concerned with release on temporary licence (ROTL), which is covered in IG 36/1995, PSI 46/1998 and PSI 53/2000. The eligibility of prisoners for release on temporary licence is determined under the Prison Rules and periods of temporary release have no effect on a prisoner’s sentence calculation. Nor is the manual concerned with the process of a temporary discharge of a prisoner on grounds of ill-health under section 28 of the Prison Act 1952. In any such case, the advice of Prison Service headquarters must be sought (this power has not been exercised for many years).

0.7 References in this manual to a sentence of imprisonment do not include a term imposed for contempt, default warrants (including confiscation orders) or any other fine defaults. Advice on such cases is contained in Chapters 16 and 17.

0.8 Throughout the manual, references to the Area Manager also apply where appropriate to the Operational Manager for Women’s Prisons, the Operational Manager (Juveniles), the Operational Manager for Wales and the Director of High Security Prisons.

Helplines

0.9 The sentence calculation helplines at Prison Service headquarters provide advice to establishments on the application of sentence calculation principles. The location is Room 720, Cleland House. Contact telephone numbers are given below.