Paragraph 28 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 20B para. 34(6)(7) substituted for Sch. 20B para. 34(6) by Criminal Justice and Courts Act 2015 Sch. 3 para. 10
Sch. 20B para. 37(2) words inserted by Criminal Justice and Courts Act 2015 Sch. 3 para. 11(a)
Sch. 20B para. 37(2) words substituted by Criminal Justice and Courts Act 2015 Sch. 3 para. 11(b)
Sch. 20B para. 37(1)(b) words omitted by Sentencing Act 2026 s. 35(2)(d)(i)
Sch. 20B para. 37(1) words omitted by Sentencing Act 2026 s. 35(2)(d)(ii)

(1)

It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph—

(a)

in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;

(b)

in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2)

After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(3)

The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(4)

Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more).

Annotations

Textual amendments

F1: Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)

Notes on Schedule 20B

Modifications

C1: Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C2: Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C3: Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))