Sentencing guidelines - released after half or two thirds?

Question

The Sentencing Council website explains how long an offender would spend in prison. I was interested in the first part of the below paragraph.

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. For terrorism offences the release arrangements are different and offenders may serve two-thirds or more of their sentence in custody.

Regarding the first part of above paragraph, how would somebody find out which sexual offences are being referred to?

Additionally, if a defendant did commit one of the sexual offences referred to, would they then have to be sentenced to a period of at least seven years for the two-third part to apply?

I researched Assault by Penetration as a random example, but I was unable to find whether it was the type of sexual offence where the offender might be released after two-thirds.

Answer 1

The relevant sexual offences are listed at Part 2, Schedule15 Criminal Justice Act 2003 which includes:

103 An offence under section 2 of that Act (assault by penetration).

See section 244ZA Criminal Justice Act 2003 for the circumstances when the release on licence of certain sexual (or violent) offenders may be applird:

(1)As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section.

(2)This section applies to a prisoner who—

• (a)is serving a fixed-term sentence within subsection (4), (5) or (6),

• (b)is not a prisoner to whom section 244A, 246A or 247A applies, and

• (c)has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C).

...

(4)A fixed-term sentence is within this subsection if it—

• (a)is a sentence of—

• (i)imprisonment...

...

• (b)is for a term of 7 years or more,

• (c)was imposed on or after 1 April 2020, and

• (d)was imposed in respect of an offence—

• (i)that is specified in Part 1 or 2 of Schedule 15, and

• (ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(5)A fixed-term sentence is within this subsection if it—

• (a)is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,

• (b)is for a term of at least 4 years but less than 7 years,

• (c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

• (d)was imposed in respect of an offence within subsection (7).

(6)A fixed-term sentence is within this subsection if it—

• (a)is a sentence of detention under section 250 of the Sentencing Code,

• (b)is for a term of 7 years or more,

• (c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

• (d)was imposed in respect of an offence within subsection (7).

(7)An offence is within this subsection if—

...

• (b)it is an offence—

• (i)that is specified in Part 2 of that Schedule (sexual offences), and

• (ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(8)For the purposes of this section “the requisite custodial period” means—

• (a)in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and

• (b)in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).