47. In the Prisons Act 1933 —(a) | in section 2, in the definition of “external placement”, delete “of imprisonment”; | (b) | in section 2, in the definition of “prisoner”, replace “or a home detention order” with “, a home detention order or a release order”; | (c) | in section 2, after the definition of “registered medical practitioner”, insert —“ “release order” means an order releasing a person on licence, made under section 50ZG;”; |
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| (d) | in section 2, after the definition of “remission order”, insert —“ “SEPP” means a sentence for enhanced public protection imposed by a court under section 304B of the Criminal Procedure Code 2010; |
“SPP” means a sentence for public protection imposed by a court under section 304A of the Criminal Procedure Code 2010;”; |
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| (e) | in section 2, in the definition of “unlawfully at large”, after “a remission order”, insert “or release order”; | (f) | in section 43(1), replace “undergoing a sentence of imprisonment” with “undergoing a sentence in prison”; | (g) | in section 43(1)(a), replace “the term of imprisonment ordered by the sentence” with “the sentence”; | (h) | in section 43(2), replace “term of imprisonment has not expired, but if the term has expired” with “sentence has not expired, but if the sentence has expired”; | (i) | in section 43(3), replace “of the term of imprisonment to which the person has been sentenced, and the time during which he or she is so confined is reckoned as part of such term” with “of the sentence, and the time during which he or she is so confined is reckoned as part of the sentence served by the person”; | (j) | in sections 50H(3)(a) and 50I(1)(b), after “section 50T(1)(a)” wherever it appears, insert “or 50ZN”; | (k) | in section 50S(1)(b)(iv), replace the full‑stop at the end with a semi‑colon; | (l) | in section 50S(1)(b), after sub‑paragraph (iv), insert —“(v) | an SPP; | (vi) | an SEPP.”; |
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| (m) | in sections 50V(3)(e)(i), 54(1)(e)(i), 59D(1)(c)(i) and 59M(1)(h)(i) and (2)(h)(i), replace “electronic transmitting device” with “electronic monitoring device”; | (n) | after Part 5B, insert —“PART 5C When prisoner subject to SPP or SEPP may be released on licence |
50ZG.—(1) Where —(a) | a prisoner subject to an SPP (other than a prisoner mentioned in paragraph (b)) has served two-thirds of the SPP; or | (b) | a prisoner is eligible for release under section 50ZN(8)(c)(iii) or (d)(iii) or (10), |
the Minister must consider whether to release the prisoner on licence and may, after such consideration, order the release of the prisoner on licence. |
(2) Where —(a) | a prisoner subject to an SEPP has served the minimum period of custody for the SEPP as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010; or | (b) | a prisoner is eligible for release under section 50ZO(2)(c) or (3)(b)(ii), |
the Minister must consider whether to release the prisoner on licence and may, after such consideration, order the release of the prisoner on licence. |
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(3) Where in relation to any prisoner subject to an SPP, the Minister or any office‑holder designated by the Minister under subsection (9) has decided —(a) | not to make a release order under subsection (1); or | (b) | to revoke any release order under section 50ZL, |
the Minister or any office‑holder designated by the Minister under subsection (9) (whether or not the same office‑holder who made the original decision) must, at intervals not exceeding 12 months each, consider whether to release the prisoner on licence, and may make a release order after such consideration. |
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(4) Where in relation to any prisoner subject to an SEPP, the Minister has decided —(a) | not to make a release order under subsection (2); or | (b) | to revoke any release order under section 50ZL, |
the Minister must, at intervals not exceeding 12 months each, consider whether to release the prisoner on licence, and may make a release order after such consideration. |
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(5) Despite subsection (1), (2), (3) or (4), any prisoner subject to an SPP or SEPP —(a) | in respect of whom a release order has been made under any of those subsections and who had, before the release order was made, been ordered to undergo any punishment mentioned in section 70(1)(a), 71(1)(b) or 74(2)(a), must only be released after the prisoner has undergone the punishment; or | (b) | in respect of whom a release order has been made under any of those subsections and who had, before the release order was made, been punished under section 70(1)(f), 71(1)(e) or 74(2)(d) with the postponement of the date on which the prisoner may be released on a release order, must only be released on the date so postponed. |
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(6) The duration of a release order is as follows:(a) | for an SPP — a period starting on the date that the prisoner is released on the release order and ending at the expiry of the SPP; | (b) | for an SEPP — a period starting on the date that the prisoner is released on the release order and extending to the end of the natural life of the prisoner. |
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(7) In relation to a prisoner subject to an SEPP —(a) | at any time after the minimum period of custody for the SEPP as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010, the Minister may release the prisoner unconditionally; and | (b) | the SEPP expires if the prisoner is so released. |
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(8) A prisoner released on licence under this section is deemed to be in the legal custody of the Superintendent of that prison from where the prisoner is released. |
(9) The Minister may designate any of the following office‑holders in his or her Ministry to make an order under subsection (1) releasing a prisoner on licence or to revoke a release order made in respect of such prisoner under section 50ZL:(a) | the Second Minister, if any; | (b) | any Minister of State or a Senior Minister of State; | (c) | any Parliamentary Secretary or a Senior Parliamentary Secretary. |
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Extension of date of expiry of SPP when prisoner subject to SPP is unlawfully at large, etc. |
50ZH.—(1) Where a prisoner subject to an SPP —(a) | is released on a release order; | (b) | is recalled under a notice of recall to prison under section 50ZK or 50ZL; and | (c) | fails to report at such prison and on such date specified in the notice of recall, |
the date on which the SPP would have expired (if not for this subsection) is extended by a period equivalent to the period the prisoner remains unlawfully at large after the date so specified in the notice of recall. |
(2) Where —(a) | a court issues a warrant of arrest against a prisoner subject to an SPP who is released on a release order while the release order is still in effect; and | (b) | the prisoner remains at large after the warrant is issued, |
the date on which the SPP would have expired (if not for this subsection) is extended by a period equivalent to the period between the date the warrant is issued and the date of his or her arrest. |
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(3) Where a prisoner subject to an SPP —(a) | is released on a release order; and | (b) | is otherwise unlawfully at large while the prisoner’s release order is still in effect, |
the date on which the SPP would have expired (if not for this subsection) is extended by a period equivalent to the period the prisoner is unlawfully at large. |
| The Minister makes a release order in respect of a prisoner subject to an SPP on 1 January 2025. The release order expires at the end of the day on 31 December 2030, i.e., the date of expiry of the SPP in accordance with section 50ZG(6)(a). After the prisoner is released, the Commissioner issues a notice of recall to the prisoner under section 50ZK, requiring the prisoner to report at a specified prison on 15 December 2030. The prisoner remains unlawfully at large and only reports at the specified prison on 14 January 2031, i.e., 30 days later. Since the prisoner was unlawfully at large for 30 days, the date of expiry of the SPP is extended by 30 days. The SPP will now expire at the end of the day on 30 January 2031. |
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Conditions imposed on prisoners subject to release order |
50ZI.—(1) The Commissioner may, in accordance with this section and for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society, require a prisoner subject to a release order to comply with the conditions specified in subsection (3).(2) The Commissioner may, by written notice, require a prisoner to comply with all or any of the conditions specified in subsection (3) at any time while the prisoner is subject to the release order. |
(3) The conditions are as follows:(a) | the prisoner subject to the release order must attend any such counselling, therapy, test, assessment and other activity for the purpose of facilitating the prisoner’s rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify in the notice under subsection (2); | (b) | the prisoner must report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify in the notice under subsection (2); | (c) | the prisoner must remain indoors at the prisoner’s place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify in the notice under subsection (2); | (d) | the prisoner must allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence or any other place the prisoner is required to remain at to determine his or her compliance with any of the conditions or for any purpose relating to his or her rehabilitation; | (e) | the prisoner must not consume any controlled drug or psychoactive substance, or use or inhale any intoxicating substance; | (f) | the prisoner must not have in the prisoner’s possession any controlled drug or psychoactive substance; | (g) | to enable the electronic monitoring of the prisoner’s whereabouts, the prisoner must —(i) | wear any electronic monitoring device issued by the Commissioner on any part of his or her person that the Commissioner may specify in the notice under subsection (2); | (ii) | allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence or any other place the prisoner is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device; | (iii) | comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence or any other place the prisoner is required to remain at; | (iv) | comply with all reporting requirements imposed on him or her; and | (v) | not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts; |
| (h) | the prisoner must comply with a notice of recall served on him or her under section 50ZK or 50ZL; | (i) | the prisoner must comply with any other conditions for the purpose of facilitating his or her rehabilitation and reintegration into society that the Commissioner may specify in the notice under subsection (2); | (j) | the prisoner must not commit any offence during the period that he or she is released on licence. |
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(4) The Commissioner may, at any time by notice served on a particular prisoner subject to a release order —(a) | vary, cancel or add to any condition specified in the notice under subsection (2); or | (b) | waive, in any particular case, any of the conditions specified in the notice under subsection (2). |
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(5) The notice mentioned in subsection (4) must be served —(a) | by delivering it personally to the prisoner; or | (b) | by any other means that may be prescribed. |
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Compliance not required when prisoner detained, etc. |
50ZJ. A prisoner subject to a release order is not required to comply with any condition of the release order —(a) | while he or she is admitted to and detained in an approved institution under the Misuse of Drugs Act 1973; | (b) | while he or she is detained under the Criminal Law (Temporary Provisions) Act 1955; | (c) | while he or she is imprisoned or otherwise in custody or detained under any other written law; | (d) | to the extent that such condition is inconsistent with any condition of a supervision order made under the Misuse of Drugs Act 1973 in respect of the person; | (e) | to the extent that such condition is inconsistent with any condition of a supervision order made under the Criminal Law (Temporary Provisions) Act 1955 in respect of the person; or | (f) | in any other situations that may be prescribed. |
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50ZK.—(1) If the Commissioner has reason to suspect that a prisoner subject to a release order has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect, the Commissioner may —(a) | make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect; and | (b) | recall the prisoner to prison pending the completion of the inquiry. |
(2) If a prisoner is recalled to prison under subsection (1)(b), the period of the release order to which the prisoner is subject continues to run, despite the prisoner being recalled to prison, unless the release order is revoked under section 50ZL or is suspended under section 50ZM. |
(3) Where the Commissioner is satisfied after due inquiry that the prisoner has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect, the Commissioner may —(a) | if the prisoner has not already been recalled under subsection (1)(b), recall the prisoner to prison for a period of not more than 14 days, not including any period the prisoner is ordered to undergo any punishment under section 70(1)(a) or 71(1)(b); or | (b) | if the prisoner has already been recalled under subsection (1)(b), extend the period of recall for a further period of not more than 14 days, not including any period that the prisoner —(i) | was so recalled before the extension; or | (ii) | was ordered to undergo any punishment under section 70(1)(a) or 71(1)(b). |
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(4) The Commissioner may recall a prisoner to prison under subsection (1)(b) or (3)(a) by serving on him or her a notice of recall in accordance with subsection (5). |
(5) The notice of recall in subsection (4) —(a) | must be served —(i) | by delivering it personally to the prisoner; or | (ii) | by any other means that may be prescribed; |
| (b) | may be served by a prison officer, a police officer or an auxiliary police officer; and | (c) | must —(i) | specify the prison to which the prisoner is to report; | (ii) | specify the date and time the prisoner is required to report to the specified prison; and | (iii) | specify, in days, the number of days for which the prisoner is recalled. |
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Revocation of release order |
50ZL.—(1) If the Commissioner is satisfied after due inquiry that —(a) | a prisoner subject to a release order failed to return to prison after he or she was recalled to prison under section 50ZK(1)(b) or (3)(a); | (b) | a prisoner subject to a release order failed to comply with any of the conditions of the release order; | (c) | a prisoner subject to a release order committed any prison offence or any offence while being subject to a release order; | (d) | the whereabouts of a prisoner subject to a release order can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain under the conditions of the release order; or | (e) | it is necessary in the public interest for the prisoner subject to a release order to be re‑detained in prison, |
the Commissioner may report the outcome of such due inquiry to the Minister, and the Minister may (upon receiving such report) revoke the release order. |
(2) If the Minister revokes a release order to which a prisoner is subject under subsection (1), the Commissioner may recall the prisoner to prison by serving on him or her a notice of recall in accordance with subsection (3). |
(3) The notice of recall in subsection (2) —(a) | must be served —(i) | by delivering it personally to the prisoner; or | (ii) | by any other means that may be prescribed; |
| (b) | may be served by a prison officer, a police officer or an auxiliary police officer; and | (c) | must —(i) | specify the prison to which the prisoner is to report; and | (ii) | specify the date and time the prisoner is required to report to the specified prison. |
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Suspension of release order |
50ZM. Where a prisoner subject to an SPP or SEPP is released on a release order and is punished with any punishment under section 70(1)(a) or 71(1)(b), or is recalled to prison under section 50ZK(3)(a), or is subject to a further period of recall under section 50ZK(3)(b), the release order may, unless revoked under section 50ZL, be suspended for any of the following periods:(a) | the period that the prisoner is ordered to undergo punishment under section 70(1)(a) or 71(1)(b), starting on the date on which the prisoner undergoes such punishment; | (b) | the period that the prisoner is recalled to prison under section 50ZK(3)(a), or the further period of recall mentioned in section 50ZK(3)(b), starting on the date on which the prisoner is confined in prison pursuant to such recall; | (c) | the sum of the periods mentioned in paragraphs (a) and (b). |
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Commission of offence by prisoner subject to SPP when on release order |
50ZN.—(1) 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.(2) Where a prisoner subject to an SPP is released on a release order and commits 2 or more offences when so released —(a) | 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 | (b) | 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. |
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(3) If in relation to a prisoner subject to an SPP who commits 2 or more offences when released on a release order —(a) | 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 | (b) | 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. |
| A, 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. |
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(4) 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 —(a) | the gravity of the offence; | (b) | whether the offence is of a similar nature to the offence for which the prisoner released on a release order was originally sentenced; | (c) | the length of time for which the prisoner did not commit any offence after being released on a release order; and | (d) | all other relevant circumstances. |
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(5) 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. |
(6) 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. |
(7) 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. |
(8) 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:(a) | the release order lapses when the prisoner starts serving the relevant sentences; | (b) | 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; | An 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. |
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| (c) | if —(i) | 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 | (ii) | 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, |
(iii) | the prisoner is eligible to be released on a release order again under the SPP on the date mentioned in sub‑paragraph (i); | (iv) | despite section 50I, no remission order is required to be made by the Commissioner under that section; and | (v) | 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); | An 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. |
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| (d) | if —(i) | 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 | (ii) | 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, |
(iii) | the prisoner is eligible to be released on a release order again under the SPP on the date mentioned in sub‑paragraph (i); | (iv) | 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; | (v) | 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 | (vi) | 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). | An 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. |
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(9) 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:(a) | another SPP and any enhanced sentence imposed under subsection (1) or (2); | (b) | any SEPP, |
the SPP in respect of which the prisoner was released on a release order ceases to have effect. |
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(10) Where —(a) | a prisoner subject to an SPP is released on a release order; | (b) | the prisoner commits one or more offences while the prisoner is so released; and | (c) | 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: |
(d) | all terms of imprisonment to which the prisoner was sentenced as an enhanced sentence under subsection (1) or (2); | (e) | two‑thirds of the subsequent SPP. |
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Commission of offence by prisoner subject to SEPP when on release order |
50ZO.—(1) Where a prisoner subject to an SEPP is released on a release order and is sentenced by a court for any offence or offences committed by the prisoner after the prisoner is so released —(a) | if the sentence imposed by the court is a sentence of imprisonment (other than life imprisonment) or an SPP, the SEPP does not expire but runs concurrently with the sentence imposed by the court; or | (b) | if the sentence imposed by the court is a sentence of life imprisonment or an SEPP, the SEPP under which the prisoner is so released ceases to have effect. |
(2) Where in relation to any prisoner subject to an SEPP, any sentence of imprisonment (not being life imprisonment) is imposed by a court for any offence or offences committed by the prisoner after the prisoner is released on a release order, then —(a) | the release order lapses when the prisoner starts serving the sentence; | (b) | despite section 50I, no remission order is required to be made by the Commissioner under that section in respect of the prisoner; | (c) | the prisoner is eligible to be released on a release order again under the SEPP on the earlier of the following dates:(i) | if section 50I had been applied, the date the Commissioner would have made a remission order in respect of the prisoner; | (ii) | the day after the prisoner has served 20 years of his or her sentence; and |
| (d) | on the date that the prisoner is released on a release order again under the SEPP, the remainder of the prisoner’s sentence of imprisonment imposed by the court is remitted, being the period —(i) | starting on the date the prisoner is so released; and | (ii) | ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if the prisoner had not been so released. | An SEPP is imposed on A on 1 March 2024 and the minimum period of custody that A must be detained in prison as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010 is 12 years. Upon the expiry of the specified period, A is released under a release order (i.e., 1 March 2036). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 6 years’ imprisonment for that offence and the sentence starts on 1 March 2037. If section 50I had been applied, the date the Commissioner must make a remission order is the date after A had served two‑thirds of the sentence of imprisonment (i.e., on 1 March 2041). Therefore, A is eligible to be released on a release order again under the SEPP on 1 March 2041. |
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(3) Where in relation to any prisoner subject to an SEPP, an SPP is imposed by a court in respect of any offence or offences committed by the prisoner after the prisoner is released on a release order, then —(a) | the release order under the SEPP to which the prisoner is subject lapses when the prisoner starts serving the sentence of the SPP; and | (b) | on the date that the prisoner would be eligible to be released on a release order made in relation to the SPP in accordance with section 50ZG(1) —(i) | the SPP ceases to have effect; | (ii) | the prisoner is eligible to be released on a release order again under the SEPP; and | (iii) | the prisoner may not be released unconditionally under section 50ZG(7) until the day the prisoner would have completed serving the entire term of the SPP if not for sub-paragraph (i). | An SEPP is imposed on A on 1 March 2024 and the minimum period of custody that A must be detained in prison as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010 is 12 years. Upon the expiry of the specified period, A is released under a release order (i.e., 1 March 2036). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. An SPP of 12 years is imposed on A, which starts on 1 March 2037. After A has served two‑thirds of the SPP, the SPP ceases to have effect and A is eligible to be released on a release order again under the original SEPP. |
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Powers to enter and search |
50ZP. A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may —(a) | enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after —(i) | the prisoner is recalled under section 50ZK; or | (ii) | the release order to which the prisoner is subject is revoked under section 50ZL; and |
| (b) | in order to effect an entrance into that place, break open any outer or inner door or window of that place if he or she cannot otherwise obtain admittance to that place.”; |
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| (o) | in section 67, replace “Whenever any person is sentenced to imprisonment, the person” with “A prisoner”; | (p) | in section 70(1)(e), replace the full‑stop at the end with a semi‑colon; | (q) | in section 70(1), after paragraph (e), insert —“(f) | if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on a release order for a period that may be prescribed.”; |
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| (r) | in section 71(1)(d), replace the full‑stop at the end with a semi‑colon; | (s) | in section 71(1), after paragraph (d), insert —“(e) | if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on any release order for a period that may be prescribed.”; |
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| (t) | in section 72(1), after item 48, insert — | Any breach by a prisoner subject to an order under section 50ZG releasing the prisoner on licence of the conditions of that order other than conduct constituting an aggravated offence under section 73.”; |
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| (u) | in section 72(1), after item 49, insert — | Failure by a prisoner subject to an order under section 50ZG releasing the prisoner on licence, a prisoner subject to a home detention order under section 52, a prisoner subject to an external placement order under section 59B, or a prisoner subject to an employment preparation order under section 59K, to report to such person and at such times and place as may be specified under the conditions of the order.”; |
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| (v) | in section 72(2), replace “and 48” with “, 48, 48A and 50”; | (w) | in section 72(2), delete “of imprisonment”; | (x) | in section 73(1), in item 10, after “Where a prisoner subject to”, insert “a release order,”; | (y) | in section 73(2), delete “of imprisonment”; | (z) | in section 74(2)(c), replace the full‑stop at the end with a semi‑colon; | (za) | in section 74(2), after paragraph (c), insert —“(d) | if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on any release order for a period that may be prescribed.”; |
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| (zb) | after section 81A, insert —“Power to arrest persons unlawfully at large |
81B.—(1) Any prison officer may, without warrant, arrest any person who is unlawfully at large under —(a) | this Act or any regulations made thereunder; | (b) | any regulations made under section 428 of the Criminal Procedure Code 2010 (as in force before the date of commencement of section 44 of the Criminal Procedure (Miscellaneous Amendments) Act 2024) in relation to the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention; or | (c) | any regulations made under section 58 of the Misuse of Drugs Act 1973 in relation to the granting of leave to an inmate for the purpose of his or her employment outside an approved institution or a community rehabilitation centre and to return to his or her residence or any other designated place. |
(2) If a person mentioned in subsection (1) forcibly resists or tries to evade arrest —(a) | the prison officer may use all reasonable means necessary to make the arrest; but | (b) | the person arrested must not be restrained more than is necessary to prevent his or her escape.”; |
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| (zc) | in section 84(2), after paragraph (f), insert —“(fa) | the treatment, training, detention and release of persons sentenced to reformative training, corrective training or preventive detention, or on whom an SPP or SEPP is imposed, including any matter relating to the supervision of such persons when they are released from their places of detention; | (fb) | in relation to persons sentenced to reformative training, corrective training or preventive detention, the extension of the expiry date of such sentences if such persons are unlawfully at large when they are released from their places of detention; | (fc) | the mode of carrying out the sentence of caning;”; and |
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| (zd) | in section 84(2), replace paragraph (lc) with —“(lc) | in relation to the release of prisoners —(i) | on release orders, external placement orders, home detention orders or employment preparation orders; or | (ii) | sentenced to corrective training or preventive detention, |
the requirement for such prisoners to bear the costs of any prescribed expenses incurred by them when so released;”. |
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