What is Sentence Calculation?
Sentence calculation is the process by which the Prison Service works out how long a prisoner must spend in custody, when they become eligible for release, and when their sentence will formally come to an end. The rules around sentence calculation are highly complex, particularly where a prisoner has served time on remand before being sentenced, has received extended or consecutive sentences, was subject to home detention curfew prior to sentence, or was sentenced under older legislation that has since changed.
Errors are more common than many people realise, and an incorrect calculation could mean a prisoner spending longer in custody than the law requires. It is not always the case that prison staff have applied the correct rules to a client’s particular sentence.
How we can help
Getting the sentence calculation correct matters! We offer clear, practical advice and will tell you honestly whether we think there are grounds to challenge the calculation.
If a client or family member believes a sentence has been calculated incorrectly, our team can review the calculation in detail and advise on whether an error has been made. We will examine sentencing remarks, warrant of commitment issued by the Court, and any correspondence from the Prison Service or National Offender Management Service relating to your release dates. Where an error is identified, we will take the necessary steps to have it corrected, whether by making representations directly to the prison or by pursuing a legal challenge if required.
Funding
Reviewing the sentence calculation is unfortunately not funded by Legal Aid however should an application be submitted to challenge the sentence calculation, depending on financial eligibility and the steps that have been taken prior to our involvement, Legal Aid funding may available.
