- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/12/2020)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 28/04/2022
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Criminal Justice Act 2003, Section 261 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies in relation to a person who, after being removed from prison under section 260, has been removed from the United Kingdom before he has served the requisite custodial period.
(2)If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—
(a)the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
(b)his sentence expiry date.
(3)A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large) to be unlawfully at large.
(4)Subsection (2) does not prevent the further removal from the United Kingdom of a person falling within that subsection.
(5)Where, in the case of a person returned to prison by virtue of subsection (2), the further custodial period ends before the sentence expiry date, [F1—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3...] [F4section 243A[F5, 244[F6, 244A], 246A[F7, 247 or 247A]] (as the case may be)] has effect in relation to him as if the reference to the requisite custodial period were a reference to the further custodial period.
(6)In this section—
“further custodial period” has the meaning given by subsection (2)(a);
“outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date of his removal from the United Kingdom and ending with the date on which he would, but for his removal, have served the requisite custodial period;
[F8“requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);]
F9...
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for his [F10release from prison and] removal from the United Kingdom, he would have [F11served the whole of the sentence].
Textual Amendments
F1Words in s. 261(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F2S. 261(5)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(a), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F3Words in s. 261(5)(b) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(b)(i), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F4Words in s. 261(5) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 12(2); S.I. 2012/2906, art. 2(l)
F5Words in s. 261(5)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 10(2); S.I. 2012/2906, art. 2(r)
F6Words in s. 261(5)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 21; S.I. 2015/778, art. 3, Sch. 1 para. 72
F7Words in s. 261(5)(b) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(6)(a), 10(4)
F8Words in s. 261(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(6)(b), 10(4)
F9Words in s. 261(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(c), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F10Words in s. 261(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 12(3)(b)(i); S.I. 2012/2906, art. 2(l)
F11Words in s. 261(6) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 12(3)(b)(ii); S.I. 2012/2906, art. 2(l)
Commencement Information
I1S. 261 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
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