(1)This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228 , other than a prisoner to whom section 247A applies .
(2)As soon as—
(a)a prisoner to whom this section applies has served the requisite custodial period , . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it is the duty of the Secretary of State to release him on licence.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section—
(8)In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).
Cases considering section 247 23
[2016] EWCA Civ 1033 · 28 October 2016
Identifies the statutory release duty relied on in determining when the claimant would ordinarily have been released. (see paras [2], [17])
Applies the ordinary duty to release after the relevant custodial period, subject to the extension created by section 257. (see paras [2], [17]-[19])
[2010] EWCA Crim 2848 · 7 December 2010Interprets
The court held that the amended release regime supplies a definite halfway release point for extended sentences. This removed the former practical objection to consecutive extended sentences. (see paras [17]; [34]; [36])
The court contrasted the former discretionary Parole Board release mechanism with the amended automatic-release regime. (see para [17])
The court relied on the automatic release at the halfway point of the custodial term to conclude that the earlier practical objections to consecutive extended sentences no longer applied. (see para [36])
The court described the former test for Parole Board-directed release before the 2008 amendments. (see para [17])
The court described the former requirement to release at the end of the appropriate custodial term if the Parole Board had not directed earlier release. (see para [17])
[2009] EWCA Civ 575 · 23 April 2009Interprets
Interprets the section 247 release scheme as part of the administrative implementation of an extended determinate sentence, not as creating a fresh legal basis for detention (see paras [4]-[5], [13]-[15]).
Applies the early-release mechanism requiring release after half the appropriate custodial term if the Parole Board directs release. Its operation does not create a fresh legal basis for detention under Article 5(4) (see paras [4], [9], [14]-[15], [19]-[20]).
Applies the requirement that the Parole Board direct release only when confinement is no longer necessary for public protection. The assessment does not convert detention during the custodial term into detention on a fresh legal basis (see paras [4], [8], [14]-[15], [19]).
Applies the provision governing release on licence where release under section 247(2) and (3) has not occurred. It forms part of the scheme showing that the sentence has a prescribed custodial endpoint (see para [5]).
Applies the provision governing release on licence where the prisoner is not released under section 247(2) and (3). It contributes to the conclusion that the custodial term remains part of a determinate sentence authorised by the sentencing court (see para [5]).
- C & Ors, R v[2007] EWCA Crim 680 · 22 March 2007
- Brown, R. v[2006] EWCA Crim 1996 · 18 July 2006
- S & Ors, R v[2005] EWCA Crim 3616 · 19 December 2005
- The Secretary of State for Justice, R (On the Application Of) v The Parole Board[2020] EWHC 3490 (Admin) · 16 December 2020
- Modhej, R (on the application of) v Secretary of State for Justice[2011] EWHC 2267 (Admin) · 26 August 2011
- Nolan v Parole Board & Anor[2009] EWHC 3856 (Admin) · 14 July 2009
- S, R (on the application of) v Halton Borough Council & Anor[2008] EWHC 1982 (Admin) · 21 July 2008
- O'Connell, R (on the application of) v The Parole Board & Anor[2007] EWHC 2591 (Admin) · 13 November 2007
- K, R (on the application of) v Parole Board[2006] EWHC 2413 (Admin) · 5 October 2006
- R (On The Application of Black) (Respondent) v Secretary of State for Justice (Appellant)[2009] UKHL 1 · 21 January 2009
- Shaikh & Anor, R. (Rev 2)[2021] EWCA Crim 45 · 21 January 2021
- Calder, R (on the application of) v Secretary of State for Justice[2015] EWCA Civ 1050 · 15 October 2015
- Cotilla, R. v[2009] EWCA Crim 216 · 20 February 2009
- HMP Drake Hall & Anor v Noone, R (on the application of)[2008] EWCA Civ 1097 · 17 October 2008
- Brooke & Ors , R (on the application of) v The Parole Board & Anor[2008] EWCA Civ 29 · 1 February 2008
- Latif, R (On the Application Of) v Secretary of State for Justice[2021] EWHC 892 (Admin) · 14 April 2021
- Stott, R (On the Application Of) v The Secretary of State for Justice[2017] EWHC 214 (Admin) · 15 February 2017
3 more judgments, and what each says about section 247, are in the
case-law panel in the full Act.
578.This section sets out the release provisions for the extended sentences covered in sections 227 and 228. Subsection (2) provides that once an offender has served one half of the “appropriate custodial term”, then subject to the recommendation of the Parole Board the prisoner may be released on licence. Once the prisoner has served the full ‘appropriate custodial term’ he must be released and will then remain on licence until he has served his full extended supervision period.