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Prison Sentence Explanation, Please

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hc4361 | 15:06 Fri 11th Sep 2015 | Law
15 Answers
I read this in the news today, I don't understand what this sentence means:
Robin Hollyson, 31, from Bedfordshire, was sentenced to 24 years in prison and a further eight years on licence. He was filmed abusing the baby.

Does it mean he can't be released until he has served 24 years?
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With 'normal' sentencing a prisoner is automatically released on licence half way through the sentence if the sentence is one of less than 4 years. If the sentence is one of 4 years or more he can apply for release at the half way stage but it's not automatic. If he's refused he can periodically reapply for release up until two thirds of the way through the...
15:48 Fri 11th Sep 2015
I imagine that he could be released in twelve years for good behaviour, but, if in the eight years after he comes out of prison, he offends again, he goes back in to serve the full twenty-four.
I may be wrong??
Question Author
I thought that if they got early release the rest of the sentence is served 'on licence'.
it means that whenever he gets out he'll be on license for 8 years beyond that or the full sentence whichever is later, so if he gets out after 20years he'll be on license effectively until 28 years has elapsed, if he get's out after 10 years he'll be on license for 14 years until 24 years have elapsed.
Question Author
That can't be right, TTT. Without the further 8 years on licence, if he were released at 12 years he would be on licence for 12 years:

"If the sentence is for 12 months or more
For prison sentences of 12 months or more the person spends the first half of the sentence in prison and the second half in the community ‘on licence’.

If they break any licence conditions - eg they commit another crime - they could go back to prison."

That is why I am confused about the extra 8 years.
You are confusing a 'life sentence' with a determinate sentence.
If someone gets 'life' they can be released after a number of years, but they will be 'on licence' until they die, meaning they can be recalled to prison at any time until death.
In this case there is a determinate sentence of 24 years,so the person can be released when they have served 2/3rds of the 24 years , 16 years. But they will only be 'on licence' and so liable to be returned to prison for 8 more years.
In this way the Judge has used the law to make sure the offender serves the maximum time possible for the offence. He can not sentence to 'life' as that is outside the sentence range for this offence, so he has sentenced to the maximum possible and added 8 years on licence.
Question Author
Eddie, life sentences can be given for rape.
The way you have described it is what would happen had he not been given the further 8 years. On the BBC news radio they said he had received a 32 year sentence.
With 'normal' sentencing a prisoner is automatically released on licence half way through the sentence if the sentence is one of less than 4 years. If the sentence is one of 4 years or more he can apply for release at the half way stage but it's not automatic. If he's refused he can periodically reapply for release up until two thirds of the way through the sentence, when he's then released automatically on licence. The licence period ends in all cases at the end of the nominal sentence passed by the Court.

However 'extended sentencing' (as in the case Hc4361 refers to) works differently. When an extended sentence is passed the chance of release at the half way stage disappears. The offender will remain in prison up until at least two thirds of the way through the sentence but can't actually be released until the very end of the sentence without the consent of the Parole Board.

If the normal licensing period applied that would mean that the offender in this case could be released after 16 years (with 8 years on licence) or, say, 20 years (with 4 years on licence) or after the full 24 year term (with no licence period whatsoever). However the judge has ordered that the licence period will be fixed at 8 years, irrespective of the time served in prison.

https://www.sentencingcouncil.org.uk/about-sentencing/types-of-sentence/extended-sentences/
Further note, there is an automatic (unconditional) release at the 1/2 way point for a sentence of up to 4 years. From 4 years and one day up to life, there is release on licence subject to the approval of the parole board, after 2/3 of the sentence has been served . In this case (over 4 years) release is NOT automatic it must be approved by the parole board.
Question Author
Many thanks, all
The BBC has told part of the truth, yes 24 years plus 8 'on licence' does add up to 32 years which is the total sentence. But he may well serve less than that as Chris and I have indicated.
To give an example of what a 'life' sentence can mean, someone was recalled to prison last year after 30 years 'on licence'
His vileness is only matched by his stupidity, filming himself abusing a child.
There is a further twist to this case. A 'lifer' has special privileges in prison, they are automatically entitled to single cell for example. This person will serve more time than 90% of 'lifers' but get none of the privileges!.
I say again a' very clever' judge!
Would a criminal guilty of this crime not be segregated for his own protection?
^^ Yes they would be segregated , won't stop the other inmates from getting them though.
Segregated with their own kind.

It won't stop them being got at though. They will be admired by the others of their ilk and vilified by the other other cons.

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