Prison Service Order
ORDER
NUMBER6650
/ 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 OFFICERSELOs 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.