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

Citation, commencement and extent E+W

1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024.

(2) The Order comes into force on—

(a) 10th September 2024 for the purposes of determining the requisite custodial period or minimum custodial period in relation to—

(i) a sentence imposed on or after that date, or

(ii) a relevant sentence imposed before that date;

(b) 22nd October 2024 for the purposes of determining the requisite custodial period or minimum custodial period in relation to a sentence which—

(i) was imposed before 10th September 2024, and

(ii) is not a relevant sentence.

(3) This Order extends to England and Wales only.

Commencement Information

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

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

Interpretation E+W

2.—(1) In this Order “ the 2003 Act” means the Criminal Justice Act 2003.

(2) A sentence is a “relevant sentence” for the purposes of this Order if—

(a) in a case where it is one of two or more consecutive sentences, the terms of those sentences are in aggregate less than 5 years,

(b) in a case where it is one of two or more sentences which are wholly or partly concurrent, the term of each of those sentences is less than 5 years, or

(c) in any other case, the term of the sentence is less than 5 years.

Commencement Information

I3 Art. 2 in force at 10.9.2024 for specified purposes, see art. 1(2)(a)

I4 Art. 2 in force at 22.10.2024 in so far as not already in force, see art. 1(2)(b)

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

I5 Art. 3 in force at 10.9.2024 for specified purposes, see art. 1(2)(a)

I6 Art. 3 in force at 22.10.2024 in so far as not already in force, see art. 1(2)(b)

Application of provisions about release after recall to certain persons within article 3(4) or (5) E+W

4.—(1) This article applies to a person (“ P”) in relation to whom any of paragraphs (1), (2) and (3) of article 3 would have applied but for the application of paragraph (4) or (5) of that article to P as a result of P’s release under section 246 of the 2003 Act.

(2) The fact that any of paragraphs (1), (2) and (3) of article 3 would have applied in relation to P but for P’s release is to be disregarded in determining—

(a) for the purposes of section 255A(10) of the 2003 Act (further release after recall), the requisite custodial period which P would have served under section 243A or 244 of that Act but for P’s earlier release, and

(b) for the purposes of section 255B(6) or 255C(6) of the 2003 Act (curfew condition), the date on which P would (but for P’s earlier release) have served the requisite custodial period for the purposes of section 243A or 244 of that Act.

Commencement Information

I7 Art. 4 in force at 10.9.2024 for specified purposes, see art. 1(2)(a)

I8 Art. 4 in force at 22.10.2024 in so far as not already in force, see art. 1(2)(b)

Shabana Mahmood

Secretary of State

Ministry of Justice

30th July 2024