Sentence Question

[Resitinas]

I am confused about parole eligibility for EDS.

There is a case where someone received an EDS of 14 years, 10 custodial, 4 on licence. The information on The Law Pages has the PED as approximately five years into the custodial sentence (so around halfway through the custodial element). However, my understanding, from what I have read, is that an EDS issued after April 2015 would result in 3/4 of the custodial element being served in prison, with no automatic release even at the 3/4 mark, instead requiring the prisoner to apply for a Parole Review after 7.5 years of the custodial element.

Could someone that knows about these things please let me know when this prisoner would be eligible for parole and whether the date on Law Pages is incorrect?

Thank you.

It's the two thirds point at which somebody can apply for parole. So, in your example the parole eligibility date would be after six years and eight months.

If you have a look at the Sentencing Council website, they say:

"Two thirds of the way through their custodial term the offender can apply for parole (if parole is refused they can apply again after two years). If not released before, the offender will be automatically released at the end of their custodial term. In either case, following release, they will be subject to the licence where they will remain under supervision until the expiry of the extended period."

https://www.sentencingcouncil.org.uk/sentencing-and-the-council/types-of-sentence/extended-sentences/

And the Prison Reform Trust say the same thing:

"If you were sentenced on or after 13 April 2015 you will not be released automatically at the two thirds stage but instead are eligible to apply for Parole at that stage and will only be released automatically at the end of the custodial period."

https://prisonreformtrust.org.uk/adviceguide/extended-sentences/

Sorry I meant 2/3 not 3/4. Either way, does that mean the date on the Law Pages is incorrect?

The date will include any time he spent on remand before trial. If he was on remand for a long period of time then that will affect the date quite a lot.

So, for example, if he was on remand for 6 months before the trial then that 6 months is counted as part of the custodial sentence.

Likewise, if he was on remand for a year then that year would be counted as part of the custodial sentence.

That may be a reason why the date given doesn't appear to be correct.