Challenges to Sentence Dates

Duncan Lewis Prison Law Solicitors – Challenges to Sentence Dates

Once a prisoner has been sentenced, the prison authorities will consider eligibility for parole and HDC – and will calculate the dates when prisoners with determinate sentences can apply for parole or HDC can be considered.

Sentence calculation is estimated according to PSI 13/2013 – and will include factors such as time spent on remand, on bail or tagged bail.

Sentence calculations can be extremely complex – for example, if a prisoner has been on remand for more than one sentence and a concurrent sentence is imposed for both convictions, the time spent on remand can only be taken into account once in the sentence calculation.

Duncan Lewis prison law solicitors regularly advise clients on sentence calculation dates for determinate sentences – including advising on:

• Single sentences
• Consecutive sentences
• Concurrent sentences
• Extended sentences.

There are also three different pieces of legislation covering the release of prisoners – the Criminal Justice Acts (CJA) 1967, 1991 and 2003.

Each Act applies to prisoners sentenced at different times:

CJA 1967

• Prisoners sentenced for offences committed before 1 October 1992.
• Prisoners can apply for release on Parole after serving one-third of the sentence – and unconditional release after serving two-thirds of the sentence.

CJA 1991

• Prisoners sentenced for offences committed on/after 1 October 1992, but before 4 April 2005.
• The CJA 1991 is also used for sentences under 12 months and includes automatic unconditional release, automatic conditional release, discretionary conditional release and further offences committed before the sentence expires.

CJA 2003

• Prisoners sentenced for offences committed on/after 4 April 2005.
• Under Section 244 of the Act, automatic licence at the halfway point until the sentence expires for sentences of 12 months or more.
• Under Section 33 of the Act, release and licence provisions for sentences of less than 12 months are also set out.

Because of the complexity of sentence calculation, errors and miscarriages of justice can occur.

Duncan Lewis prison law solicitors can advise prisoners with determinate sentences on their rights and how to challenge sentence dates.

In some cases, it may be possible to seek Judicial Review of a sentence calculation.

Duncan Lewis also offer Legal Aid to prisoners wishing to challenge sentence dates – and can advise on applications for early release on compassionate grounds.

Duncan Lewis Prison Law Solicitors – When to contact us

Call Duncan Lewis as soon as possible for legal advice on challenges to sentence dates, or any other prison law matter.

Duncan Lewis Prison Law Solicitors – How to contact us There are Duncan Lewis offices nationwide and our prison law solicitors regularly visit police stations, prisons and courts to advise on criminal law and prison law.

For expert legal advice on challenges to sentence dates, call Duncan Lewis prison law solicitors on 020 7923 4020.

For urgent prison law advice or 24/7 help at a police station, call the Duncan Lewis Emergency Hotline on 020 7275 2036.

Duncan Lewis is a leading provider of Legal Aid criminal law and prison law services.