Extended Sentence Solicitors

Extended Sentence Solicitors

Our extended sentence solicitors and advisors are available to assist you with all aspects of your case.

Extended sentences are a form of determinate sentences. They require a period of time spent in custody and then an additional period on licence. There are several types of extended sentences, with some requiring permission from the Parole Board for release and some being automatic.

Due to similarities between sentences, it can often be confusing to know what a sentence means. It is vital that a prisoner understands what their sentence means for them. Our expert advisors can help through the process and ensure that the prisoner is being treated fairly and knows what to expect.

Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

Contact Us

If you, or someone you know, has been sentenced to an extended sentence of any form it is advisable to contact one of our extended sentence solicitors today.

Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

Meet the team

How We Can Help

Our Prison Law Solicitors are some of the most experienced in the country. Many are also specialists in Criminal Defence law. We are instructed by people from across England and Wales and are known for our hard work, intelligence, and focus on protecting our clients’ best interests.

 

Regardless of what happened to result in you being held in custody, you have a series of fundamental human rights that must be observed. We are dedicated to ensuring our clients receive fair parole hearings and ‘nickings’ adjudications.

Although people aged between 18-25 are not sent to full adult prisons, they are often vulnerable. We provide expert advice and representation on all legal problems you may encounter in prison and explain things in plain English.

Our Prison Law Solicitors can help you with a full range of matters, including but not limited to sentence calculations, determinant and indeterminant recalls, independent adjudication, parole hearings, and more. Regardless of how complicated your case is, we can provide the expertise and experience you need.

We are regularly instructed to help people who have received incorrect Sentence Plans or sentence calculation issues. We understand it can be hard to challenge sentencing issues, especially if you are being denied Legal Aid because you have been told you have not exhausted all the complaint methods available within the prison system. You can be confident that we will swiftly spot any inaccuracies in your sentence calculation or Sentence Plan and robustly represent you to ensure matters are corrected.

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FAQ

There are different variations of Extended Sentences. They are a form of determinate sentences which is split into two parts:

    • Custodial period: some of the sentence is served in prison and the other part is on licence in the community. In most cases the Parole Board have the power to direct release earlier than the CRD.

    • Extended period of licence: this is extra time on licence. This is decided by the judge based on the length of time they believe is necessary for the protection of the public from serious harm.

However, somewhat confusingly, extended sentences are not the same as an extended determinate sentence. Not everyone serving an extended sentence will be serving an EDS.

It is important to note that these sentences are not retrospective. This means that while new sentences must adhere to the newest rules, those already serving sentences under the old rules will continue to follow the rules of their first sentence.

Currently, the four conditions that must be met for a person aged 18 or over to serve an extended sentence are:

    • The court believes that the offender poses a significant risk to the public/ may commit further specified offences

    • A life sentence is not available. Either because the offence is not serious enough to warrant a life sentence or because the offence’s maximum penalty is not a life sentence.

    • The offender has a previous conviction for an offence listed in Schedule 15B to the Criminal Justice Act 2003 or the current offence justifies a custodial term of at least four years.

Extended determinate sentences were introduced to replace the IPP sentence, which was scrapped in 2012. This change caused a lot of confusion and resulted in incorrect sentencing. The date of sentencing, offence and length of sentence can alter how a prisoner will serve their time.

The circumstances of release depend on:

    • The length of the custodial period

    • When you were sentenced

An EDS is comprised of a custodial element and an extended licence element. This is similar to a standard determinate sentence where a prisoner would serve part of the sentence in prison and the rest on licence.

However, for those serving an EDS, the prisoner will not be automatically released at the half way point of the custodial portion. Instead, the Parole Board will usually consider the suitability for release. The time at which this occurs depends on the index offence, when the prisoner was sentenced and the length of the sentence.

As well as the custodial portion, an extended determinate sentence carries an extended licence period. This means there is an extra period on licence in the community.

It is important to note that if someone was sentenced before the 13th April 2015 with a custodial period of less than ten years and for an offence that is not specified in Schedule 15B of the CJA 2003, they will be automatically released at the two thirds point of the custodial period.

For example, if someone was sentenced before the aforementioned date to an EDS of nine years which is made up of six years custodial period and three years extended licence they will:

    • Be automatically released at the two thirds point of the custodial period

    • Serve five years on licence. This is the rest of the custodial element (two years) and the extended period (three years) on licence.

If someone was sentenced on or after the 13th April  2015, they will not be released automatically after two thirds of the custodial element. Instead, they will be eligible for Parole on their Parole Eligibility Date. The Parole Board will then decide if release is suitable and an Oral Hearing usually follows.

After release, they will be subject to licence until the end of the remaining custodial period and extension period. Breaching licence conditions may mean a recall to prison.

If someone is recalled in what would have been their custodial period, they will not be automatically released on their conditional release date (CRD). Release after recall is only possible after a successful application to the Parole Board.

This process is similar to those sentenced to EDS before 13th April 2015 (with a custodial period of ten years plus or for a specified offence on Schedule 15B).

We understand that extended determinate sentences come with some complexity and confusion. It is important to know exactly what your prison sentence means and how it affects you.

If you feel unclear about it or would like help with your extended sentence, please contact our Prison Law Team by calling 01865 592670 or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

The key date for a prisoner serving an extended determinate sentence is the Parole Eligibility Date. The Parole Board will review the prisoner’s eligibility for release in a two step process.

Firstly, written representations must be made to the Parole Board 28 days after receiving the dossier. Then, the Parole Board will consider the matter and there is usually an Oral Hearing. After this, they will make a decision about release.

Anyone subject to a Parole Board review should seek representations from one of our Prison Law advisors. We can assist with written and oral representations and provide advice throughout the process.