Section 40A Release on licence following return to prison.F1C1
England and Wales
This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—
includes, or consists of, an order under F2section 116 of the Powers of Criminal Courts (Sentencing) Act 2000; and
is for a term of twelve months or less.
As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.
Where the person is so released, the licence shall remain in force for a period of three months.
If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—
to a fine not exceeding level 3 on the standard scale; or
to a sentence of imprisonment for a term not exceeding the relevant period,
but not liable to be dealt with in any other way.
In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.
As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.
Annotations
Textual amendments
- F1
S. 40A inserted (30.9.1998) by 1998 c. 37, s. 105 (with Sch. 9 para. 14(1)); S.I. 1998/2327, art. 2(1)(w).
- F2
Words in s. 40A(1)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), para. 139
Modifications
- C1
S. 40A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(6)(9); S.I. 1998/2327, art. 2(1)(z)
Notes on Part II
Textual amendments
- F1
Pt. 2 (ss. 32-51) repealed (4.4.2005) by The Criminal Justice Act 2003 (c. 44), ss. 303(a), 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(k) (subject to art. 2(1), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) and subject to amendments:
(15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 33; S.I. 2006/3364, art. 2(d)(e);
(1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(2)(3);
(7.4.2008) by The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (S.I. 2008/977), art. 2;
(9.6.2008 for certain purposes and 31.10.2009 otherwise) by Criminal Justice and immigration Act 2008 (c. 4), ss. 26(2)-(6), 153; S.I. 2008/1466, art. 2(a) (subject to art. 3); S.I. 2009/2606, art. 3(b);
(9.6.2008) by 1984 c. 49, Sch. para. 2(2A) (as inserted by Criminal Justice and immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 paras. 19(4)(b); S.I. 2008/1466, art. 2 (subject to art. 4));
(9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 29(2)(5); S.I. 2008/1466, art. 2(c)
(14.7.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 28(2)(3)(a)(b)(4)(5), 32(1), 149, 153, Sch. 28 Pt. 2 (with Sch. 27 para. 10); S.I. 2008/1586, art. 2(1), Sch. 1;
(3.11.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 33(5)(6), 148, 149, 153, Sch. 26 para. 29(3)(4), Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. (subject to arts. 3, 4);
(2.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 145(2)(3), 178, 182, Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 43); S.I. 2010/1858, art. 2(e)(i);
- F2
Pt. 2: transitional provisions for the repeal by 2003 c. 44, s. 303(a) and specified transitional and savings provisions in S.I. 2005/950, Sch. 2 revoked (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(3), 151(1), Sch. 14 para. 17; S.I. 2012/2906, art. 2(d)(l)