C.01.01.R6 Calculation of Release Dates (National Requirement)

(1) Sentences Imposed Prior to 30 June 2002

Note: This is a reference tool to be used when issues arise about the calculation of Final Release Dates and Parole Eligibility Dates

Manual Calculation

Where it becomes necessary to manually calculate parole and release dates for sentences imposed prior to 30 June 2002, the following information is used:

• On all occasions when calculating prisoners eligibility for release (both final release and parole) the sentence is converted into days.
• Determine the sentence commencement date (SCD) (on warrant).
• Determine the sentence expiry date (SED).
• Count the number of days from the sentence commencement date (SCD) to the sentence expiry date (SED) inclusive.

Eligibility For Parole

• A prisoner sentenced prior to 30 June 2002 is eligible to be considered for parole in the following circumstances:
  
  

  Life Imprisonment or Preventive Detention imposed on or after 1.8.87	After 10 years of that sentence
  Life Imprisonment or Preventive Detention imposed before 1.8.87	After 7 years of that sentence
  Where a minimum period of imprisonment has been imposed under section 80(1) of the Criminal Justice Act	After the expiry of that minimum period
  More than 12 months imprisonment, not being for a serious violent offence (as defined in section 2, Criminal Justice Act)	After one third of that sentence
  15 years imprisonment or more for a serious violent offence	After 10 years of that sentence
  Offender who has been recalled to serve the remainder of a sentence (section 107I Criminal Justice Act)	From the date the (final) Recall order is made
  Where an offender is subject to an order made under section 47a of the Misuse of Drugs Act.	After the expiry of that order

Final Release

• A prisoner sentenced prior to 30 June 2002 must be released in the following circumstances:

Prisoners received on Committal Sentence or Order for Non payment of a sum of money; Contempt of Court; Disobedience of a Court Order

Prisoners who are received on a committal sentence or order for either:

1. Non payment of a sum of money
2. Contempt of Court
3. Disobedience of a Court Order

are defined as serving a term of imprisonment. This is not the same as a sentence of imprisonment.

Prisoners serving a term of imprisonment are not eligible for parole.

They are however subject to the same Final Release provisions as those serving a sentence of imprisonment.

NB: The examples in this section do not include any remand time

Calculation of Sentence Expiry Date (SED)

1. Where a prisoner is subject to a single or concurrent sentences of imprisonment imposed prior to 30 June 2002 the expiry date is determined by:
   1. Determining the length of the sentence OR for each sentence if there is more than one (from the Warrant),
   2. Adding the calculated length to the sentence's commencement date,
   3. Taking the greatest expiry date if there is more than one,
      • For example:
        Prisoner A is sentenced to the following:
      1. 8 months imprisonment on 20/1/94
      2. 10 months imprisonment on 20/1/94

The expiry for sentence (1) is 19/9/94. The expiry for sentence (2) is 19/11/94. Therefore the total sentence expiry is 19/11/94

2. Where a prisoner is subject to cumulative sentences of imprisonment the expiry date is determined by:
   1. Determining the links in the cumulative chain. A link in the cumulative chain may be one sentence that is:
      • cumulative on another sentence, or
      • has another sentence, cumulative on it.
   2. Determining the length of the sentence in each link,
   3. Adding those calculated lengths together,
   4. Determining the actual expiry date by adding the total period calculated to the earliest sentence commencement date in the chain.
      • For example:
        Prisoner B is sentenced to the following;
      1. 8 months imprisonment on 20/1/94
      2. 10 months imprisonment on 20/1/94
      3. 1 year 2 months imprisonment cumulative on (3)

The expiry date for this sentence is 10 months plus 1 year 2 months = 2 years from 20/1/94. Therefore the expiry date for the total sentence is 19/1/96.

Calculation of Final Release Date (FRD)

1. Where a prisoner is subject to a single or concurrent sentences of imprisonment imposed prior to 30 June 2002 the final release date is determined by:
   1. Determining the number of days before the prisoner is eligible for final release for the sentence OR for each sentence if there is more than one,
   2. Taking the greatest number of days,
   3. Adding these days to the SCD, 
      Adding one day,
      (NB: part days are rounded up).

For example:
Prisoner C is sentenced to the following:

Sentence (1) converts to 243 days and is eligible for final release after 1/2. Therefore sentence (1) is eligible for final release after 121.5 days (rounded up to 122 days) .

Sentence (2) converts to 424 days and is eligible for final release after 2/3. Therefore sentence (2) is eligible for final release after 282.6 days (rounded up to 283 days) .

The greatest number of days before Prisoner C is eligible for final release is after 283 days, this is the minimum number of days the prisoner must serve. Prisoner C is therefore eligible for final release on day 284. These days added to the sentence commencement date gives a final release date of 30/10/94.

2. Where a prisoner is subject to cumulative sentences of imprisonment the final release date is determined by:
   1. Determining the links in the cumulative chain. A link in the cumulative chain may be one sentence that is:
      • Cumulative on another sentence, or a group of sentences, or
      • Has another sentence cumulative on it,
   2. Determining the number of days before the prisoner is eligible for final release for the sentence in each link,
   3. Adding those periods together,
      NB For each cumulative sentence start at the SED + 1 day of the earlier link

Determining the actual FRD by adding that period to the earliest sentence commencement date within the chain,

Adding one day,

For example:
Prisoner D is sentenced to the following:

The FRD for this sentence is determined by identifying the links in the cumulative chain. In this example the links are sentence (1) and sentence (3).

Sentence (1) converts to 243 days and is eligible for final release after 1/2. Therefore sentence (1) is eligible for final release after 121.5 days. Sentence (3) converts to 424 days and is eligible for final release after 2/3. Therefore sentence (3) is eligible for final release after 282.6 days,

Therefore the total sentence FRD is after 121.5 days plus 282.6 days = 404.1 days (rounded up to 405 days) is the minimum number of days the prisoner must serve.

Prisoner D is therefore eligible for final release on day 406. This number of days added to the earliest sentence commencement date gives a final release date of 2/3/95.

Calculation of Parole Eligibility Dates (PED)

1. Where a prisoner is subject to a single or concurrent sentences of imprisonment imposed prior to 30 June 2002 the parole eligibility date is determined by:
   1. Determining the number of days before the prisoner is eligible for parole for the sentence OR for each sentence if there is more than one (using the total number of days between the sentence commencement date and the sentence expiry date).

If there is no parole eligibility for a sentence then use the final release date as a parole eligibility date:

If this date is greater than or equal to the final release date then there is no parole eligibility date,

For example prisoner E is sentenced to the following:

Sentence (1) converts to 243 days and is not eligible for parole therefore the final release date is used. Sentence (1) is eligible for final release after 1/2 = 121.5 days,

Sentence (2) converts to 424 days and is eligible for parole after 1/3. Therefore sentence (2) is eligible for parole after 141.3 days,

The greatest number of days before Prisoner E is eligible for parole is after 141.3 days (rounded up to 142 days) - this is the minimum number of days the prisoner must serve plus 1 day.

Prisoner E is therefore eligible for parole from day 143. These days added to the sentence commencement date gives a parole eligibility date of 11/6/94.

Where a prisoner is subject to cumulative sentences of imprisonment imposed prior to 30 June 2002 the parole eligibility date is determined by:

If there is no parole eligibility date for a sentence then use the final release date as a parole eligibility date:

NB: Use the SED of the earlier sentence plus 1 day as the starting point for each link.

If this date is greater than or equal to the final release date then there is no parole eligibility date.

Sentence (1) converts to 243 days and is not eligible for parole therefore the final release date is used. Sentence (1) is eligible for final release after 1/2 = 121.5 days,

Sentence (2) converts to 424 days and is eligible for parole after 1/3. Therefore sentence (2) is eligible for parole after 141.3 days,

Therefore the total sentence PED is after 121.5 days plus 141.3 days = 262.8 days (rounded up to 263) plus 1 day - this is the minimum number of days the prisoner must serve.

Prisoner F is therefore eligible for parole from day 264. These days added to the earliest sentence commencement date gives a parole eligibility date of 11/10/94.

Calculation of 'Other Days'

Other days are applied in the following way:

Remand days (for sentences imposed on or after 1 September 1993) are subtracted from the Parole Eligibility Date (PED), the Final Release Date (FRD); and the Sentence Expiry Date (SED).

Loss / postponement of Final Release days (LFR) are added to Final Release Date (FRD) only.

Days unlawfully at large; days on bail after sentencing but pending appeal; days at large after an application for recall is lodged, prisoner is not in custody but pending the hearing of that application (extra days) are added to the Parole Eligibility Date (PED), Final Release Date (FRD) and the Sentence Expiry Date date (SED).

Note - Extra days and LFR days apply only to the sentence(s) being served when the extra days were incurred.

Serious Violent Offences:

 Prisoners sentenced to more than 2 years imprisonment prior to 30 June 2002 for one of the following offences are not eligible for parole on that sentence.

(2) Sentences Imposed after 30 June 2002

Definitions

Key dates for sentences imposed on or after 30 June 2002
A key date in relation to a sentence of imprisonment, means the start date, sentence expiry date, parole date and release date.

Sentence Expiry Date means the date on which the offender who is subject to the sentence has served its full term and therefore ceases to be subject to it.

Parole date means the date in a sentence of imprisonment that is used to determine an offender's parole eligibility date.

Release Date means, in relation to a determinate sentence of imprisonment, the date on which the offender who is subject to the sentence ceases to be liable to be recalled to continue serving that sentence.

Statutory Release Date means the date on which an offender who is subject to one or more sentences of imprisonment -

1. must be released from detention and
2. ceases to be liable to be recalled to continue serving the sentence in a penal prison.

Long term sentence means a sentence of imprisonment that is:

1. A determinate sentence of more than 24 months imposed or after 30 June 2002; or
2. A notional single sentence of more than 24 months; or
3. An indeterminate sentence.

Short term sentence means a sentence of imprisonment that is:

1. A determinate sentence of 24 months or less imposed on or after 30 June 2002.
2. A notional single sentence of 24 months or less.

Notional single sentence means the notional single sentence of imprisonment that is created when one determinate sentence is directed to be served cumulatively on another determinate sentence.

Parole Eligibility Date

Offenders serving:
Short term determinate sentences - not eligible to be considered for release on parole.

Long Term determinate sentences (including a long term notional single sentence) - is the date that is reached when the offender serving the sentence has served one-third of it or the minimum term if one has been set.

Life Imprisonment - if the offender is subject to an order under section 92, the date on which the offender has served under that sentence the minimum period of imprisonment specified in the order; or in any other case, the date on which the offender has served 10 years under that sentence.

Preventive Detention - is the date on which the offender has served under that sentence the minimum period of imprisonment ordered by the court to be served, which in no case may be less than 5 years.

Notes:
Individual sentences have a Parole Date but an offender will have one Parole Eligibility Date (PED).

For sentences imposed after 30 June 2002 a day is not added to the released date

Statutory Release Dates

Offenders serving:
Short Term Sentences - The release date of a short-term sentence (including a short term notional single sentence) is the date on which the offender who is subject to the sentence has served half of it.

Long Term Sentences - The release date of a long- term determinate sentence) including a long-term notional single sentence) is its sentence expiry date.

Indeterminate Sentences - Have no release date.

Note: Individual sentences have a Release Date but an offender will have one Statutory Release Date (SRD).

For sentences imposed after 30 June 2002 a day is not added to the released date

Manual Calculation

Where it becomes necessary to manually calculate parole and release dates for sentences imposed after 30 June 2002, the following information is used:

• On all occasions when calculating prisoners' eligibility for release (both parole and statutory release) the sentence is converted into days.
• Determine the sentence commencement date (SCD) (on warrant).
• Determine the sentence expiry date (SED).
• Count the number of days from the sentence commencement date (SCD) to the sentence expiry date SED) inclusive.

Examples:

1 Single Short-term Sentence:

An offender sentenced to a single short-term sentence is not eligible for parole but is released after having served half the sentence.

An offender is sentenced to 12 months imprisonment after 30 June 2002:

The 12 months short-term sentence converted to days = 365 days.

The offender must be released on day 183 (182.5 days rounded up as half of 365 days).

2 Single Long-term Sentence:

An offender sentenced to a single long-term sentence is eligible to be considered for release on parole after 1/3 of the sentence has been served and must be released when the full term of the sentence has been served.

An offender is sentenced to 3 years imprisonment on 20 July 2002:

The 3 years long-term sentence converted to days = 1,096 days.

The offender must serve 366 (365.3 days rounded up as one-third of 1096 days) before being eligible for parole. If parole is not granted earlier the offender must be released on day 1096.

3 Single Long-term Sentence with a Minimum Term Imposed:

An offender sentenced to a long-term sentence where a minimum term of imprisonment has been imposed is required to serve the minimum term before being eligible to be considered for release on parole and must be released when the full term of the sentence has been served.

An offender is sentenced to 6 years imprisonment with a minimum non-parole period of 4 years.

The 6 year sentence converted to days = 2,192 days.

The offender is eligble for parole when he or she has served 1,461 days (4 years).

If parole is not granted earlier the offender must be released on day 2,192.

4. Notional Single Sentence over 24 months:

An offender sentenced to cumulative terms of imprisonment that total more than 24 months is treated in the same manner as an offender serving a long-term sentence.

An offender sentenced to 12 months imprisonment with cumulative sentences of 12 months and another cumulative sentence of imprisonment of 12 months:

The offender is eligible to be considered for release on parole after having served one-third of the total sentence and must be released when the full term of the sentence has been served. The long-term sentence converted to days = 1,096 days. The offender must serve 366 (365.3 days rounded up as one-third of 1096 days) before being eligible for parole.

If parole is not granted earlier the offender must be released on day 1096.

5 Notional Single Sentence (over 24 months) with a Minimum Term Imposed:

An offender sentenced to:

1. 3 years imprisonment with an order to serve a minimum of 2 years imprisonment, and
2. a cumulative term of 12 months imprisonment

The offender is eligible to be considered for release on parole after having served the minimum period of 2 years imprisonment plus one-third of the 12-month sentence.

The sentence converted to days = 1,461 days. The offender must serve 731 days for the minimum period of imprisonment imposed, and must serve 122 days (121.6 days one-third of the 12 month sentence) before being eligible for parole. Therefore a total of 853 days (852.6 days rounded off).

If parole is not granted earlier the offender must be released on day 1,461.

Note: The calculation of the cumulative sentence beigins at the SED of the earlier sentence, not the PED of the earlier sentence.

6 Notional Single Sentence of 24 Months or Less:

An offender sentenced to a number of cumulative sentences totalling less than 24 months is released after having served half of the total sentence.

An offender sentenced to cumulative terms of imprisonment totalling 21 months:

The sentence converted to days = 640 days

The offender must be released on day 320 days (half of 640 days).

(3) Combinations of Sentences Imposed Before, On or After 30 June 2002

Cumulative Sentences

If after 30 June 2002 an offender is sentenced to a sentence of imprisonment that is directed to be served cumulatively on another sentence of imprisonment imposed prior to 30 June 2002 the sentences form a notional single sentence for the purpose of determining:

Special Rule about the Parole Date of a long term notional single sentence that includes sentences imposed before and after 30 June 2002

If a long-term notional single sentence incorporates 1 or more sentences imposed prior to 30 June 2002, the Parole Date of the notional single sentence must be calculated by adding one-third of the length of the sentence/s imposed after 30 June 2002 to

Example of Calculation of Combinations of Sentences Imposed Before, On or After 30 June 2002

1. An offender is sentenced to 12 months imprisonment imposed on 1 June 2002 and 12 months cumulative imprisonment imposed on 5 June 2002; and 12 months cumulative imprisonment imposed on 1 July 2002.
   
   The offender will need to serve half of the 24 months imposed prior to 30 June 2002 (365 days) and one-third of the sentence imposed after 30 June 2002 (121.6 days), before becoming eligible to be considered for release on parole. The third of the 12 months is added to the old FRD which will become the new PED.

Because of the sentences imposed prior to 30 June 2002 the offender has a final release date that is half of the sentence imposed prior to 30 June 2002 and the entire sentence imposed after 30 June 2002.

2. An offender is sentenced to 16 months imprisonment imposed on 1 June 2002 and 6 months cumulative imprisonment imposed on 1 July 2002.
   
   The offender will serve a short-term notional single sentence and therefore the previous parole date and final release date (of sentence imposed before 30 June 2002) will be cancelled and replaced by a statutory release date. The statutory release date (SRD) is half of the notional single sentence of 22 months.