Prison Sentence

[fruitsalad]

How long would someone actually serve, who has been given an 8 year sentence, with good behaviour.

[ummmm]

Did they plead guilty?

[fruitsalad]

Yes ummmm

[Orderlimit]

https://www.gov.uk/types-of-prison-sentence/determinate-prison-sentences-fixed-length-of-time

[EDDIE51]

It has got more complicated recently
https://www.gov.uk/leaving-prison/when-someone-can-leave-prison
It used to be automatic release at the half way point, for sentences of under 4 years. Now for any sentence of over 2 years you have to apply for parole and are only released to probation not full freedom.
As far as I know you still get a 1/3rd reduction for a guilty plea at the first opportunity. So a 8 year sentence would be reduced to 5 years 3 months, with more reduction after parole. I can't see in the link how long a prisoner has to serve before they can apply for parole.

[fruitsalad]

Thank you for the links

[New Judge]

Their plea has no effect on the time served. A guilty plea will attract a lower signature sentence. Someone who pleaded guilty at the earliest opportunity and who received eight years would have received twelve years had he pleaded Not Guilty and been found guilty at trial.

Prisoners sentenced to determinate length sentences (i.e. not "Life") normally serve half their sentence in prison and are released to serve the rest in the community on licence. Their release is automatic and not conditional on "good behaviour". This concept was abolished some time ago. Prison governors had the power to order "loss of remission" for poor behaviour but this was ruled unlawful because it was seen (perversely in my view) as imposing an additional period of custody. Only "properly convened tribunals" could order custodial sentences and prison governors did not meet that description. The only way now that prisoners are penalised for bad behaviour is if they are convicted of further offences committed whilst in custody.

[EDDIE51]

From orderlimits link, the prisoner can now apply for parole at the halfway point , but they are only released to probation.
So an 8 year sentence is reduced to 5 years 3 months (63 months) for a guilty plea. Then possible parole at 2 years 7 1/2 months (31.5 months) but ONLY to probation not release.
So the answer is 2 years 7 months 2 weeks .

[Orderlimit]

You could register for free on

http://www.thelawpages.com/index.php

search for the offenders name and look for the Parole Eligibility Date (PED)

[New Judge]

There’s no “parole” involved with release from determinate sentences, Eddie. No application is necessary and release is automatic.

The “complication” brought about in 2015 did not alter the time spent in custody. It introduced, for prisoners sentenced to two years or less, a minimum of twelve months during which they would be “supervised”. This is spent by a combination of time in custody (half their sentence) and the balance supervised outside.

[New Judge]

This is becoming unnecessarily complicated.

The question was:

"How long would someone actually serve, who has been given an 8 year sentence, with good behaviour. “

Someone who has been given an eight year sentence has already been given his discount for a guilty plea (if applicable). He will be released, on licence, after four years (less any time spent remanded in custody before sentencing). This release is automatic; he need make no application (his release date would have been calculated and he would have been informed of it as soon as he arrived in prison after sentencing). This release is regardless of his behaviour during those four years (unless he is convicted of further offences as a result of his bad behaviour).

[bednobs]

if the sentence is 8 years, i would presume that already shows the reduction for pleading guilty?

[Orderlimit]

Yes^

[ummmm]

I'm really not sure how it works but a friend of ours was sentenced to 16 years and is expected to serve 8.

[New Judge]

I should add that a Parole Board application is required for those subject to "Extended Sentences for Public Protection". Although these are termed "determinate" sentences their length is, in fact, variable subject to Parole Board decisions. They are not often imposed and there is no indication that this question relates to one.

[EDDIE51]

Thanks New Judge . I thought full release at the halfway point was automatic, then I Googled and found that link which confused things.

[Peter Pedant]

good someone has pointed out that the sentence reduction for pleading guilty for early pleading has already been taken into account

[ this is a bit like calculating VAT on a gross amount when it has been discounted ... wodger do about VAT on an early settlement discount when it aint been settled early ? ]

it used to be eligible for parole after a third and let out after a half on good behaviour . Successive govts have been keen to incarcerate the old lags for longer even tho they now know prison doesnt work - they keep coming back and how !

so it looks like four at least

[New Judge]

As I remember it, Peter, it was a third OFF for good behaviour. That is, you did two-thirds inside and were only let out early if you behaved. Now you can misbehave all you like and are let out automatically at the halfway point. Governments have been keen to keep people out, not bang them up for longer.

As for prison not working, it depends what you mean. If you mean it does not work because of the high rates of recidivism then you’re probably right. But then you have to have a little regard for cause and effect. Most people who reoffend do so because they are inclined to criminality, not because they’ve spent time in prison. If they were not so inclined they probably would not have ended up inside in the first place. The one way it certainly does work is that it gives the rest of us a brief respite from prisoners’ criminal activities.

[EDDIE51]

Having worked inside a prison I can back you up on that NJ. I met those who regard prison as 'part of the job' just do your time and get back to 'work'.
There were those who categorise jails in the way businessmen think of Hotels, discussing the food ,accommodation and 'service' and comparing one with another.