The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024

Modification of sections 243A, 244 and 264 of the Criminal Justice Act 2003 E+W

3.—(1) Subject to paragraphs (4) to (6), in section 243A of the 2003 Act (duty to release certain prisoners serving less than 12 months) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(2) Subject to paragraphs (4) to (6), in section 244 of the 2003 Act (duty to release certain prisoners not subject to special provision for release) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(3) Subject to paragraphs (4) to (6), in section 264 of the 2003 Act (consecutive terms) the reference in subsection (6)(d) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(4) Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(a)(ii) if the person serving the sentence was not in custody or detention pursuant to the sentence on 10th September 2024—

(a) having been released under section 246 (power to release on licence) or 248 (power to release on compassionate grounds) of the 2003 Act, or

(b) having been removed from prison under section 260 of that Act (early removal of prisoners liable to removal from UK).

(5) Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—

(a) having been released under section 246 or 248 of the 2003 Act, or

(b) having been removed from prison under section 260 of that Act.

(6) Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—

(a) a sentence for an offence listed in the Schedule to this Order, or

(b) a sentence of 4 years or more for an offence listed in Part 1 of Schedule 15(1) to the 2003 Act.

(7) The reference in paragraph (6)(a) to an offence (“offence A”) includes—

(a) an offence of attempting to commit offence A;

(b) an offence of conspiracy to commit offence A;

(c) an offence of incitement to commit offence A;

(d) an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person subject to the sentence intended or believed would be committed;

(e) an offence of aiding, abetting, counselling or procuring the commission of offence A.

[F1 (7A) References in paragraph (7)(a) to (e) to offence A do not include the offence of murder.]

(8) A reference in paragraph (6) or [F2 , (7)(a) to (e) or (7A)] to an offence (“offence B”) includes—

(a) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence B, and

(b) an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence B,

and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.

Textual Amendments

F1 Art. 3(7A) inserted (16.12.2024) by The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), arts. 1(2), 3(2)(a) (with art. 4)

F2 Words in art. 3(8) substituted (16.12.2024) by The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), arts. 1(2), 3(2)(b) (with art. 4)

Commencement Information

I1 Art. 3 in force at 10.9.2024 for specified purposes, see art. 1(2)(a)

I2 Art. 3 in force at 22.10.2024 in so far as not already in force, see art. 1(2)(b)

(1)

Paragraph 22A was inserted by, and paragraphs 64 and 65 were substituted by, section 2(1) to (4) of the Criminal Justice and Courts Act 2015 (c. 2). Paragraph 48A was inserted by paragraph 11 of Schedule 6 to the 2015 Act. Paragraph 57 was amended by paragraph 147(a) and (b) of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9). Paragraphs 59A to 59D, 60A to 60C and 63B to 63F were inserted by section 138(1) to (4) of the Coroners and Justice Act 2009 (c. 25). Paragraphs 59A to 59D, 60A to 60C and 63B to 63F were repealed by paragraph 9(1) and (2) of the Counter-Terrorism and Border Security Act 2019 (c. 3). Paragraphs 60A and 60B were inserted by section 147(1)(a) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Paragraph 63A was inserted by paragraph 64 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 (c. 28) and amended by paragraph 6 of the Schedule to the Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4). Paragraphs 63FA was inserted by paragraph 7 of Schedule 2 to the Domestic Abuse Act 2021 (c. 17). Paragraphs 63G and 63H were inserted by section 6(1) and (2) of the Modern Slavery Act 2015 (c. 30). Paragraphs 63I to 63M were inserted by paragraph 25 of Schedule 12 to the Space Industry Act 2018 (c. 5).