Practice Directions
Custodial sentences
The practical effect of custodial sentences imposed by the courts is almost entirely governed by statutory provisions. Those statutory provisions, changed by Parliament from time to time, are not widely understood by the general public.. It is desirable that when sentence is passed the practical effect of the sentence should be understood by the defendant, any victim and any member of the public who is present in court or reads a full report of the proceedings.
In future, whenever a custodial sentence is imposed on an offender, the court should explain the practical effect of the sentence in addition to complying with existing statutory requirements. This will be no more than an explanation; the sentence will be that pronounced by the court.
Sentencers should give the explanation in terms of their own choosing, taking care to ensure that the explanation is clear and accurate. No form of words is prescribed. Annexed to this Practice Direction are short statements which may, adapted as necessary, be of value as models. These statements are based on the statutory provisions in force on 1 January 1998 and will of course require modification if those provisions are materially amended.
Sentencers will continue to give such explanation as they judge necessary of ancillary orders relating to matters such as disqualification, compensation, confiscation, costs and so on.
Bingham CJ 22nd January 1998
Annex
Forms of words
Forms of words are provided for use where the offender
(1) will be a short term prisoner not subject to licence;
(2) will be a short term prisoner subject to licence;
(3) will be a long term prisoner;
(4) will be subject to a discretionary sentence of life imprisonment.
Sentencers will bear in mind that where an offender is sentenced to terms which are consecutive, or wholly or partly concurrent, they are to be treated as a single term: Criminal Justice Act 1991, s.51(2).
(1) Total term less than 12 months:
The sentence is [ ]months.
You will serve half that sentence in prison/a young offender institution. After that time the rest of your sentence will be suspended and you will be released. Your release will not bring this sentence to an end. If after your release and before the end of the period covered by the sentence you commit any further offence, you may be ordered to return to custody to serve the balance of the original sentence outstanding at the date of the further offence, as well as being punished for that new offence.
Any time you have spent on remand in custody in connection with the offence[s] for which you are now being sentenced will count as part of the sentence to be served, unless it has already been counted.
(2) Total term of 12 months and less than 4 years:
The sentence is [ ][months/years].
You will serve half that sentence in a prison/a young offender institution. After that time the rest of your sentence will be suspended and you will be released.
Your release will not bring this sentence to an end. If after your release and before the end of the period covered by the sentence you commit any further offence you may be ordered to return to custody to serve the balance of the original sentence outstanding at the date of the further offence, as well as being punished for that new offence.
Any time you have spent on remand in custody in connection with the offence[s] for which you are now being sentenced will count as part of the sentence to be served, unless it has already been counted.
After your release you will also be subject to supervision on licence until the end of three-quarters of the total sentence. [If an order has been made under section 44 of the Criminal Justice Act 1991: After your release you will also be subject to supervision on licence for the remainder of the sentence].
If you fail to comply with any of the requirements of your licence then again you may be brought before a court which will have power to suspend your licence and order your return to custody.
(3) Total term of 4 years or more:
The sentence is [ ][years/months].
Your case will not be considered by the Parole Board until you have served at least half that period in custody. Unless the Parole Board recommends earlier release, you will not be released until you have served two-thirds of that sentence. Your release will not bring the sentence to an end. Instead, the remainder will be suspended. If after your release and before the end of the period covered by the sentence you commit any further offence you may be ordered to return to custody to serve the balance of the original sentence outstanding at the date of the new offence, as well as being punished for that new offence.
Any time you have spent in custody on remand in connection with the offence[s] for which you are now being sentenced will count as part of the sentence to be served, unless it has already been counted.
After your release you will also be subject to supervision on licence until the end of three-quarters of the total sentence. [If an order has been made under section 44 of the Criminal Justice Act 1991: After your release you will also be subject to supervision on licence for the remainder of the sentence].
You will be liable to be recalled to prison if your licence is revoked, either on the recommendation of the Parole Board, or, if it is thought expedient in the public interest, by the Secretary of State.
(4) Discretionary life sentence:
The sentence of the court is life imprisonment/custody for life/detention for life under section 53(2)(3) of the Children and Young Persons Act 1933. For the purposes of section 28 of the Crime (Sentences) Act 1997 the court specifies a period of [x]years. That means that your case will not be considered by the Parole Board until you have served at least [x]years in custody. After that time the Parole Board will be entitled to consider your release. When it is satisfied that you need no longer be confined in custody for the protection of the public it will be able to direct your release. Until it is so satisfied you will remain in custody.
If you are released, it will be on terms that you are subject to a licence for the rest of your life and liable to be recalled to prison at any time if your licence is revoked, either on the recommendation of the Parole Board, or, if it is thought expedient in the public interest, by the Secretary of State.