Power to release prisoners on compassionate grounds
Part 12 Sentencing
(1)The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
F387(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this Chapter “fixed-term prisoner” means—
(a)a person serving a sentence of imprisonment for a determinate term, or
(b)a person serving a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 226A, 226B, 227 , 228 or 236A of this Act or under section 250 , 252A , 254, 262, 265, 266 or 268A of the Sentencing Code .
Defined in s.237(1) · see it in the full Act“fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) (as extended by section 237(1B));
Defined in s.268(1) · see it in the full Act“licence” means a licence under Chapter 6;
Defined in s.305(1) · see it in the full Act(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.
Defined in s.237(2) · see it in the full Act“prison” and “prisoner” are to be read in accordance with section 237(2);
Defined in s.268(1) · see it in the full ActThe court held that compassionate early release is for the Secretary of State. Its availability does not permit a sentencer to disregard serious illness as potential mitigation, but it remains the route for release before sentence expiry on compassionate grounds (see paras [6]; [21]; [71]-[75]).
The court held that the compassionate-release powers under this section should normally be exercised, if at all, by the Secretary of State rather than by reducing an otherwise unchallengeable sentence on appeal. (see paras [12] and [13]) The court treated this subsection as giving the Secretary of State discretion to release a fixed-term prisoner on licence where exceptional compassionate circumstances exist. It held that this was the appropriate route for the applicant's medical case. (see paras [10], [12] and [13])
Interprets section 248 as requiring consideration of exceptional circumstances relevant to compassionate release. The policy cannot narrow the statutory meanings of exceptional circumstances or compassionate grounds. The provision supported quashing a decision that treated an extraneous medical-care comparison as determinative (see paras [12]-[16]; [24]-[25]; [34]).
What each judgment says about section 248 is in the case-law panel in the full Act.
579.This section re-enacts section 36 of the Criminal Justice Act 1991, and sets out the procedure for releasing fixed-term prisoners on compassionate grounds. The Secretary of State may only release prisoners on these grounds if exceptional circumstances exist (for example where the prisoner is suffering from a terminal illness). In such cases subsection (2) requires the Parole Board is to be consulted prior to release wherever possible.