Prisons Act 1933 · 2020 Revised Edition · Part 5C · Release on Licence
50ZN. Commission of offence by prisoner subject to SPP when on release order
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Where a prisoner subject to an SPP who is released on a release order commits an offence when so released, and a sentence of imprisonment (not including a default sentence) or an SPP is imposed for that offence on the prisoner, the court must, in addition to imposing any such sentence on the prisoner, impose an enhanced sentence of imprisonment for that offence for a term not exceeding the remaining duration of the release order, as determined based on the date of commission of the offence.
prisoner
“prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order or a home detention order, but does not include a person released and at large under a remission order;
Where a prisoner subject to an SPP is released on a release order and commits 2 or more offences when so released —
the court must, subject to subsection (3), in addition to imposing any sentence on the prisoner for those offences, impose an enhanced sentence under subsection (1) for each of those offences; and
the aggregate length of all the enhanced sentences imposed under subsection (1) for each of those offences must not exceed the remaining duration of the release order, as determined based on the date of commission of the earliest offence.
If in relation to a prisoner subject to an SPP who commits 2 or more offences when released on a release order —
a court has already imposed one or more enhanced sentences under subsection (1) for one or more of the offences committed by the prisoner when so released; and
the enhanced sentence, or the aggregate length of the enhanced sentences, is equivalent to the remaining duration of the release order, as determined based on the date of commission of the earliest offence,the court is not required to impose an enhanced sentence for any other offence committed by the prisoner when so released and for which the prisoner is subsequently convicted.IllustrationA, being a prisoner subject to an SPP, is released on a release order on 1 February 2028. The release order expires at the end of the day on 31 January 2030. On 1 November 2029, A commits the offence of theft. On 1 December 2029, A commits another offence of theft. The 2 offences are dealt with in separate trials. For the first offence committed on 1 November 2029, A is sentenced to 6 months’ imprisonment and an enhanced sentence of 3 months. Since the enhanced sentence imposed for the first offence amounted to the remaining duration of the release order for which the prisoner is released on licence (i.e., the period of 3 months starting on 1 November 2029 and ending at the end of the day on 31 January 2030), when A is subsequently convicted for the second offence committed on 1 December 2029 in a separate trial, the court does not have to impose any enhanced sentence in relation to the second offence.
In deciding the length of any enhanced sentence to be imposed under subsection (1) or (2) with respect to any offence, the court is to consider —
the gravity of the offence;
whether the offence is of a similar nature to the offence for which the prisoner released on a release order was originally sentenced;
the length of time for which the prisoner did not commit any offence after being released on a release order; and
all other relevant circumstances.
For the purpose of this section, any extension of the date of expiry of an SPP under section 50ZH in relation to a prisoner subject to a release order after the date of an offence committed by the prisoner is to be disregarded in determining the remaining duration of a prisoner’s release order based on the date of the offence.
Where a prisoner subject to an SPP is released on a release order and any sentence of imprisonment and any enhanced sentence under subsection (1) or (2) is imposed by a court for any offence or offences committed by the prisoner after the prisoner is so released, the SPP does not expire, but runs concurrently with those sentences.
Despite any provision in any written law, a term of imprisonment imposed on any prisoner as an enhanced sentence under subsection (1) or (2) must run consecutively to all other terms of imprisonment or an SPP imposed on the prisoner.
Where in relation to any prisoner subject to an SPP, any sentence of imprisonment and any enhanced sentence under subsection (1) or (2) are imposed (called in this subsection the relevant sentences) by a court for any offence or offences committed by the prisoner after the prisoner is released on a release order, the following apply:
the release order lapses when the prisoner starts serving the relevant sentences;
if, applying section 50I, the date the Commissioner must make a remission order in respect of that prisoner falls on or after the expiry of the SPP, the remission order must be made on that date and Part 5B applies in relation to the remission order so made;IllustrationAn SPP is imposed on A for a period of 18 years. The SPP starts on 1 March 2024. Under section 50ZG(1), the Minister releases A under a release order on 1 March 2036 (i.e., after A has completed two-thirds of the SPP). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 21 years’ imprisonment for that offence and (as required by section 50ZN(1)) an enhanced sentence of 5 years (being the period amounting to the remaining duration of the release order, as determined based on the date of commission of the offence). The sentence of imprisonment and enhanced sentence are ordered to commence on 1 March 2037, the date of commission of the offence. Applying subsection (7) and section 50I, a remission order must be made on 1 March 2056, after A has served the enhanced sentence of 5 years (which is to run consecutively with any other term of imprisonment or SPP as provided in section 50ZN(7)) and an imprisonment term of 14 years (i.e., two-thirds of the imprisonment term of 21 years). Since the date falls after the expiry of the SPP, the Commissioner must make a remission order on 1 March 2056 and Part 5B will apply in relation to the remission order so made.
if —
section 50I had been applied, and the date the Commissioner would have made a remission order in respect of the prisoner falls within the period that the SPP is in effect; and
the date on which the prisoner would have completed serving the relevant sentences if no remission order is made under section 50I falls within the period that the SPP is in effect,then —
the prisoner is eligible to be released on a release order again under the SPP on the date mentioned in sub-paragraph (i);
despite section 50I, no remission order is required to be made by the Commissioner under that section; and
the person is deemed to have served the remaining period of the relevant sentences, being the period starting on the date mentioned in sub-paragraph (i) and ending on the date mentioned in sub-paragraph (ii);IllustrationAn SPP is imposed on A for a period of 18 years. The SPP starts on 1 March 2024. Under section 50ZG(1), the Minister releases A under a release order on 1 March 2036 (i.e., after A has completed two-thirds of the SPP). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to one and a half years’ imprisonment for that offence and (as required by section 50ZN(1)) an enhanced sentence of one year. The sentence of imprisonment and the enhanced sentence are ordered to commence on 1 March 2037, the date of commission of the offence. If section 50I had been applied, the Commissioner must make a remission order in respect of A after A had completed serving the enhanced sentence of one year and two-thirds of the imprisonment term to which A was sentenced, i.e., on 1 March 2039. However, since 1 March 2039 falls within the period that the SPP is still in effect, A may instead be released on a release order on 1 March 2039. Despite section 50I, no remission order is required to be made by the Commissioner on 1 March 2039. A is deemed to have served the remaining period of the sentence of imprisonment and enhanced sentence (being the period between the date that A may be released on a release order (i.e., 1 March 2039) and the date that A would have completed serving the sentence of imprisonment and enhanced sentence if no remission order is made (i.e., at the end of the day on 31 August 2039)) at the end of that remaining period.
if —
section 50I had been applied, and the date the Commissioner would have made a remission order in respect of the prisoner falls within the period that the SPP is in effect; and
the date on which the prisoner would have completed serving the relevant sentences if no remission order is made under section 50I falls after the period that the SPP is in effect,then —
the prisoner is eligible to be released on a release order again under the SPP on the date mentioned in sub-paragraph (i);
despite section 50I, the Commissioner is only required to make a remission order in respect of the prisoner immediately after the date of expiry of the SPP;
the prisoner is deemed to have served the period of the relevant sentences starting on the date mentioned in sub-paragraph (i) and ending on the date of expiry of the SPP; and
for the purposes of application of sections 50K, 50L, 50M, 50N and 50U in relation to the prisoner, any reference to a remission order made under section 50I in those provisions is deemed to be a reference to a remission order made in accordance with sub-paragraph (iv).IllustrationAn SPP is imposed on A for a period of 18 years. The SPP starts on 1 March 2024. Under section 50ZG(1), the Minister releases A under a release order on 1 March 2036 (i.e., after A has completed two-thirds of the SPP). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 4 and a half years’ imprisonment for that offence and (as required by section 50ZN(1)) an enhanced sentence of one year. The sentence of imprisonment and enhanced sentence are ordered to commence on 1 March 2037, the date of commission of the offence. If section 50I had been applied, the Commissioner must make a remission order in respect of A after A had completed serving the enhanced sentence of one year and two-thirds of the imprisonment term to which A was sentenced, i.e., on 1 March 2041. However, since 1 March 2041 falls within the period that the SPP is still in effect, A may instead be released on a release order on 1 March 2041. The Commissioner is only required to make a remission order in respect of the prisoner immediately after the date of expiry of the SPP. Despite section 50I, no remission order is required to be made by the Commissioner on 1 March 2041. A is deemed to have served the remaining period of the sentence of imprisonment and enhanced sentence imposed on A (being the period between the date that A may be released on a release order (i.e., 1 March 2041) and the date of expiry of the SPP (i.e., at the end of the day on 28 February 2042)) at the end of that remaining period.
Where a prisoner subject to an SPP is sentenced to the following sentences for any offence or offences committed while the prisoner is released on a release order:
another SPP and any enhanced sentence imposed under subsection (1) or (2);
any SEPP,the SPP in respect of which the prisoner was released on a release order ceases to have effect.
Where —
a prisoner subject to an SPP is released on a release order;
the prisoner commits one or more offences while the prisoner is so released; and
an SPP (called in this subsection the subsequent SPP) and an enhanced sentence are imposed by a court under subsection (1) or (2) for the offence or offences,the prisoner is eligible to be released on a release order again under the subsequent SPP only after the prisoner has completed serving the aggregate of the following:
all terms of imprisonment to which the prisoner was sentenced as an enhanced sentence under subsection (1) or (2);
two-thirds of the subsequent SPP.