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Criminal Justice Act 2003

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Changes over time for: Section 243A

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[F1243ADuty to release [F2certain] prisoners serving less than 12 monthsE+W
This section has no associated Explanatory Notes

[F3(1)This section applies to a fixed-term prisoner if—

(a)the prisoner is serving a sentence which is for a term of 1 day, or

(b)the prisoner—

(i)is serving a sentence which is for a term of less than 12 months, and

(ii)is aged under 18 on the last day of the requisite custodial period.

(1A)This section also applies to a fixed-term prisoner if—

(a)the prisoner is serving a sentence which is for a term of less than 12 months, and

(b)the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.]

[F4(1B)But this section does not apply to a prisoner to whom section 247A applies.]

(2)As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.

[F5(2A)Subsection (2) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.]

(3)For the purposes of this section “the requisite custodial period” is—

(a)[F6in relation to a person serving one sentence], one-half of the sentence, and

(b)in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F7264(2B) or (2E)].

(4)This section is subject to—

(a)section 256B (supervision of young offenders after release), and

(b)paragraph 8 of Schedule 20B (transitional cases).]

Textual Amendments

F3S. 243A(1)(1A) substituted for s. 243A(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 1, 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(a)

Modifications etc. (not altering text)

C3S. 243A modified (10.9.2024 for specified purposes, 22.10.2024 in so far as not already in force) by The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), arts. 1(2), 3

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