![]() ![]() The offender will be electronically tagged and a curfew imposed. This allows an offender to be released up to 135 days before their automatic release date. Offenders serving sentences of between three months and four years, with certain exceptions for violent and sexual offenders, may also be eligible for release on a home detention curfew (HDC). Total supervision 12 monthsĩ months’ licence and 3 months’ post-sentence supervision. Total supervision 12 monthsĥ months’ licence and 7 months’ post-sentence supervision. ![]() For terrorism offences the release arrangements are different and offenders may serve two-thirds or more of their sentence in custody.ģ months’ licence and 9 months’ post-sentence supervision. For some serious violent or sexual offences where the sentence is 7 years or more the offender will be released at the two-thirds point. If an offender breaches their conditions, they may be recalled to prison. While on licence an offender will be subject to supervision and the licence will include conditions. Offenders sentenced to two years or more will normally serve half their sentence in prison and serve the rest of the sentence in the community on licence (see the table below for an examples).If the offender breaches the terms of their supervision they will brought before a magistrates’ court and may be punished for the breach. ![]() At the end of that period they will be subject to supervision (see the table below for examples). For sentences of less than two years the offender will be released at the halfway point of the sentence and will then be on licence for the remainder of the sentence and may be recalled to prison if they breach the conditions of their licence.The rules governing when a prisoner is released and what happens after release, vary depending on the length of the sentence. If an offender is sentenced to four years in prison, for example, that is the maximum time the offender could spend in custody, but they will not necessarily spend the whole of this time in prison. Additional note: Availability of ancillary ordersĭeterminate sentences are the most common type of prison sentence.Ī determinate prison sentence is where the court sets a fixed length for the prison sentence. ![]() Automatic orders on conviction for sexual offences Forfeiture or suspension of liquor licence Forfeiture and destruction of weapons orders Forfeiture and destruction of goods bearing unauthorised trade mark Disqualification from ownership of animals Disqualification from driving – general power Destruction orders and contingent destruction orders for dogs The sentencing court shall include the time of commencement of sentence under subsection A and the computation of time credited against sentence under subsection B, C or D, in the original or an amended commitment order, under procedures established by rule of court. Time spent in actual custody prior to return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.Į. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.ĭ. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter.Ĭ. Otherwise it commences when the defendant becomes actually in custody.ī. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. 13-712 - Calculation of terms of imprisonmentġ3-712. ![]()
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