Criminal Justice Act 2003

260Early removal of prisoners liable to removal from United KingdomE+W
This adran has no associated Nodiadau Esboniadol

(1)[F1Subsections (2) and (2C)], where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of [F2270] days ending with the day on which the prisoner will have served the requisite custodial period.

[F3(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.]

[F4(2A)[F5Subject to subsection (2C),] if a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B [F6or under section 254, 266 or 279 of the Sentencing Code,] [F7or a sentence under section 236A] [F8or under section 265 or 278 of the Sentencing Code] —

(a)is liable to removal from the United Kingdom, and

(b)has not been removed from prison under this section during the period mentioned in subsection (1),

the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.

(2B)Subsection (2A) applies whether or not the Board has directed the prisoner's release under section [F9this Chapter].]

[F10(2C)Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.]

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A prisoner removed from prison under this section—

(a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

(i)Schedule 2 or 3 to the Immigration Act 1971, or

(ii)section 10 of the Immigration and Asylum Act 1999 (c. 33), and

(b)so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.

(5)So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section [F13243A,] 244[F14, 244A][F15, 246A][F16, 247] or 248 is exercisable in relation to him as if he were in prison.

(6)The Secretary of State may by order—

(a)amend the number of days for the time being specified in subsection (1) F17... ,

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)amend the fraction for the time being specified in [F19subsection (2)].

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(8)Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.]

[F22(9)Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a)the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b)subsection (5) is to be read as including reference to section 247A.]

Textual Amendments

F2Word in s. 260(1) substituted (7.4.2008) by The Early Removal of Fixed-Term Prisoners (Amendment of Eligibility Period) Order 2008 (S.I. 2008/978), art. 2

F6Words in s. 260(2A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 234(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F8Words in s. 260(2A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 234(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F19Words in s. 260(6)(c) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(c), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)

Commencement Information

I1S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)