Criminal Justice Act 2003

[F1 264A Consecutive terms: intermittent custody E+W

(1) This section applies where—

(a) a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other,

(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, and

(c) each of the terms is a term to which an intermittent custody order relates.

(2) The offender is not to be treated as having served all the required custodial days in relation to any of the terms of imprisonment until he has served the aggregate of all the required custodial days in relation to each of them.

(3) After the number of days served by the offender in prison is equal to the aggregate of the required custodial days in relation to each of the terms of imprisonment, the offender is to be on licence until the relevant time and subject to such conditions as are required by this Chapter in respect of any of the terms of imprisonment. F2 . . . .

(4) In subsection (3) “the relevant time” means the time when the offender would, but for his release, have served a term equal in length to the aggregate of—

(a) all the required custodial days in relation to the terms of imprisonment, and

(b) [F3 all the] licence periods in relation to those terms.

(5) In this section—

• [F4 “licence period” has the same meaning as in section 183(3);]

• “the required custodial days”, in relation to such a term, means the number of days specified under that section.]

Textual Amendments

F1 S. 264A inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 31, 60, Sch. 6 para. 7; S.I. 2005/579, art. 3(e)

F2 Words in s. 264A(3) omitted (14.7.2008) by virtue of and repealed (prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 20(3)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 10

F3 Words in s. 264A(4)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 20(3)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 10

F4 S. 264A(5): definition of "total licence period" substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 20(3)(c), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 10