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Criminal Justice Act 2003

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244Duty to release prisoners [F1not subject to special provision for release] E+W
This section has no associated Explanatory Notes

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F2243A [F3, [F4244ZA,] 244A] [F5, 246A]] [F6, 247 or 247A] applies, has served the requisite custodial period [F7for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.

[F8(1ZA)Subsection (1) 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.]

[F9(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F10or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F12For the purposes of this section]the requisite custodial period” means—

(a)[F13in relation to a prisoner serving one sentence], one-half of his sentence,

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to a person serving two or more concurrent or consecutive sentences F15... , the period determined under sections 263(2) and [F16264(2B) or (2E)].

[F17(4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]

Textual Amendments

Modifications etc. (not altering text)

C4S. 244 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

Commencement Information

I1S. 244 partly in force; s. 244 not in force at Royal Assent, see s. 336(3); s. 244(1)(2)(3)(c)(d) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 244(1)(2)(3)(a)(d) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

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