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Criminal Justice Act 2003

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Criminal Justice Act 2003, Part 12 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 12U.K.Sentencing

Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 1E+WGeneral provisions about sentencing

Modifications etc. (not altering text)

C3Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

Matters to be taken into account in sentencingE+W

F1142Purposes of sentencingE+W

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Textual Amendments

Prospective

F1142APurposes etc. of sentencing: offenders under 18E+W

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Textual Amendments

F1143Determining the seriousness of an offenceE+W

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Textual Amendments

F1144Reduction in sentences for guilty pleasE+W

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Textual Amendments

F1145Increase in sentences for racial or religious aggravationE+W

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Textual Amendments

F1146Increase in sentences for aggravation related to disability, sexual orientation or transgender identity E+W

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Textual Amendments

General restrictions on community sentencesE+W

F1147Meaning of “community sentence” etc.E+W

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Textual Amendments

F1148Restrictions on imposing community sentencesE+W

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Textual Amendments

F1149Passing of community sentence on offender remanded in custodyE+W

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Textual Amendments

F1150Community sentence not available where sentence fixed by law etc.E+W

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Textual Amendments

F1150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously finedE+W

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Textual Amendments

Prospective

F1151Community order or youth rehabilitation order for persistent offender previously finedE+W

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Textual Amendments

General restrictions on discretionary custodial sentencesE+W

F1152General restrictions on imposing discretionary custodial sentencesE+W

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Textual Amendments

F1153Length of discretionary custodial sentences: general provisionE+W

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Textual Amendments

Prospective

General limit on magistrates' court’s power to impose imprisonmentE+W

F1154General limit on magistrates' court’s power to impose imprisonmentE+W

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Textual Amendments

155Consecutive terms of imprisonmentE+W

(1)Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.

(2)In subsection (1), for [F2“the words from “the longest” to “being imposed”] there is substituted “ 65 weeks ”.

(3)Subsection (2) is omitted.

(4)In subsection (3) for “the preceding subsections” there is substituted “ subsection (1) above ”.

Textual Amendments

Procedural requirements for imposing community sentences and discretionary custodial sentencesE+W

F3156Pre-sentence reports and other requirementsE+W

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Textual Amendments

F3157Additional requirements in case of mentally disordered offenderE+W

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Textual Amendments

F3158Meaning of “pre-sentence report”E+W

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Textual Amendments

Disclosure of pre-sentence reports etcE+W

F3159Disclosure of pre-sentence reportsE+W

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Textual Amendments

F3160Other reports of local probation boards , providers of probation services and members of youth offending teamsE+W

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Textual Amendments

Pre-sentence drug testingE+W

F3161Pre-sentence drug testingE+W

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Textual Amendments

SurchargesE+W

F3161ACourt’s duty to order payment of surchargeE+W

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Textual Amendments

F3161BAmount of surchargeE+W

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Textual Amendments

FinesE+W

F3162Powers to order statement as to offender’s financial circumstancesE+W

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Textual Amendments

F3163General power of Crown Court to fine offender convicted on indictmentE+W

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Textual Amendments

F3164Fixing of finesE+W

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Textual Amendments

F3165Remission of finesE+W

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Textual Amendments

Savings for power to mitigate etcE+W

F3166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offendersE+W

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Textual Amendments

Sentencing and allocation guidelinesE+W

167The Sentencing Guidelines CouncilE+W

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Textual Amendments

168Sentencing Guidelines Council: supplementary provisionsE+W

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Textual Amendments

169The Sentencing Advisory PanelE+W

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Textual Amendments

170Guidelines relating to sentencing and allocationE+W

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Textual Amendments

171Functions of Sentencing Advisory Panel in relation to guidelinesE+W

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

172Duty of court to have regard to sentencing guidelinesE+W

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Textual Amendments

173Annual report by CouncilE+W

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Textual Amendments

Duty of court to explain sentenceE+W

F11174Duty to give reasons for and to explain effect of sentenceE+W

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Textual Amendments

Publication of information by Secretary of StateE+W

175Duty to publish information about sentencingE+W

In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end of paragraph (a) there is inserted—

“(aa)enabling such persons to become aware of the relative effectiveness of different sentences—

(i)in preventing re-offending, and

(ii)in promoting public confidence in the criminal justice system;”.

Commencement Information

I1S. 175 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Interpretation of ChapterE+W

F12176Interpretation of Chapter 1E+W

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Textual Amendments

Chapter 2U.K.Community orders: offenders aged 16 or over

F12177Community ordersE+W

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Textual Amendments

F12178Power to provide for court review of community ordersE+W

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Textual Amendments

F12179Breach, revocation or amendment of community orderE+W

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Textual Amendments

F12180Transfer of community orders to Scotland or Northern IrelandU.K.

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Textual Amendments

Chapter 3E+W[F13Suspended sentence orders]

Textual Amendments

Prison sentences of less than 12 monthsE+W

F14181Prison sentences of less than 12 monthsE+W

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Textual Amendments

F14182Licence conditionsE+W

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Textual Amendments

Intermittent custodyE+W

F14183Intermittent custodyE+W

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Textual Amendments

F14184Restrictions on power to make intermittent custody orderE+W

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Textual Amendments

F14185Intermittent custody: licence conditionsE+W

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Textual Amendments

F14186Further provisions relating to intermittent custodyE+W

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Textual Amendments

Further provision about custody plus orders and intermittent custody ordersE+W

F14187Revocation or amendment of orderE+W

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Textual Amendments

F14188Transfer of custody plus orders and intermittent custody orders to Scotland or Northern IrelandU.K.

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Textual Amendments

Suspended sentencesE+W

F15189Suspended sentences of imprisonmentE+W

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Textual Amendments

F15190Imposition of requirements by suspended sentence orderE+W

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Textual Amendments

F15191Power to provide for review of suspended sentence orderE+W

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Textual Amendments

F15192Periodic reviews of suspended sentence orderE+W

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Textual Amendments

F15193Breach, revocation or amendment of suspended sentence order, and effect of further convictionE+W

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Textual Amendments

F15194Transfer of suspended sentence orders to Scotland or Northern IrelandU.K.

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Textual Amendments

Interpretation of ChapterE+W

F15195Interpretation of Chapter 3E+W

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Textual Amendments

Chapter 4E+WFurther provisions about orders under Chapters 2 and 3

Modifications etc. (not altering text)

C5Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C6Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

IntroductoryE+W

F15196Meaning of “relevant order” etc E+W

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Textual Amendments

F15197Meaning of “the responsible officer”E+W

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Textual Amendments

F15198Duties of responsible officerE+W

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Textual Amendments

Requirements available in case of all offendersE+W

F15199Unpaid work requirementE+W

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Textual Amendments

F15200Obligations of person subject to unpaid work requirementE+W

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Textual Amendments

F15200ARehabilitation activity requirementE+W

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Textual Amendments

F15201Activity requirementE+W

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Textual Amendments

F15202Programme requirementE+W

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Textual Amendments

F15203Prohibited activity requirementE+W

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Textual Amendments

F15204Curfew requirementE+W

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Textual Amendments

F15205Exclusion requirementE+W

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Textual Amendments

F15206Residence requirementE+W

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Textual Amendments

F15206AForeign travel prohibition requirementE+W

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Textual Amendments

F15207Mental health treatment requirementE+W

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Textual Amendments

F15208Mental health treatment at place other than that specified in orderE+W

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Textual Amendments

F15209Drug rehabilitation requirementE+W

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Textual Amendments

F15210Drug rehabilitation requirement: provision for review by courtE+W

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Textual Amendments

F15211Periodic review of drug rehabilitation requirementE+W

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Textual Amendments

F15212Alcohol treatment requirementE+W

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Textual Amendments

F15212AAlcohol abstinence and monitoring requirementE+W

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Textual Amendments

F15213Supervision requirementE+W

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Textual Amendments

Requirements available only in case of offenders aged under 25E+W

F15214Attendance centre requirementE+W

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Textual Amendments

Electronic monitoringE+W

F15215Electronic monitoring requirementE+W

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Textual Amendments

F15215AData from electronic monitoring: code of practiceE+W

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Textual Amendments

Provisions applying to relevant orders generallyE+W

F15216Local justice area to be specified in relevant orderE+W

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Textual Amendments

F15217Requirement to avoid conflict with religious beliefs, etcE+W

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Textual Amendments

F15218Availability of arrangements in local areaE+W

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Textual Amendments

F15219Provision of copies of relevant ordersE+W

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Textual Amendments

F15220Duty of offender to keep in touch with responsible officerE+W

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Textual Amendments

F15220ADuty to obtain permission before changing residenceE+W

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Textual Amendments

Powers of Secretary of StateE+W

221Provision of attendance centresE+W

(1)The Secretary of State may continue to provide attendance centres.

(2)In this Part “attendance centre” means a place at which offenders aged under 25 may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of—

(a)attendance centre requirements of relevant orders, or

[F16(aa)attendance centre requirements of youth rehabilitation orders, within [F17the meaning given by section 173 of the Sentencing Code],]

(b)attendance centre orders under section 60 of [F18the PCC(S)A 2000],

[F19(c)default orders under section 300 of this Act, or

(d)youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.]

(3)For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or [F20local policing body] for the use of premises of [F21that authority or body].

Textual Amendments

F17Words in s. 221(2)(aa) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 217(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F18Words in s. 221(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 217(b) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I2S. 221 wholly in force at 4.4.2005; s. 221 not in force at Royal Assent, see s. 336(3); s. 221 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 221 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 17 (subject to art. 2(2), Sch. 2)

F22222RulesE+W

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Textual Amendments

F22223Power to amend limitsE+W

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Textual Amendments

Chapter 5E+WDangerous offenders

InterpretationE+W

F22224Meaning of “specified offence” etc.E+W

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Textual Amendments

Life sentencesE+W

F22224ALife sentence for second listed offenceE+W

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Textual Amendments

F22225Life sentence ... for serious offencesE+W

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Textual Amendments

F22226Detention for life ... for serious offences committed by those under 18E+W

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Textual Amendments

[F23Extended sentences]E+W

Textual Amendments

F22226AExtended sentence for certain violent, sexual or terrorism offences: persons 18 or overE+W

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Textual Amendments

F22226BExtended sentence for certain violent, sexual or terrorism offences: persons under 18E+W

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Textual Amendments

F22227Extended sentence for certain violent or sexual offences: persons 18 or overE+W

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Textual Amendments

F22228Extended sentence for certain violent or sexual offences: persons under 18E+W

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Textual Amendments

F22229The assessment of dangerousnessE+W

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Textual Amendments

230Imprisonment or detention for public protection: release on licenceE+W

Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.

Commencement Information

I3S. 230 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

SupplementaryE+W

F24231Appeals where previous convictions set asideE+W

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Textual Amendments

F24232Certificates of convictions for purposes of sections 225 and 227E+W

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Textual Amendments

F24232ACertificates of convictionE+W

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Textual Amendments

F24233Offences under service lawE+W

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Textual Amendments

F24234Determination of day when offence committedE+W

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Textual Amendments

F24235Detention under sections 226, 226B and 228E+W

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Textual Amendments

F24236Conversion of sentences of detention into sentences of imprisonmentE+W

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Textual Amendments

CHAPTER 5AU.K.Other offenders of particular concern

F24236ASpecial custodial sentence for certain offenders of particular concernU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 6E+W [F25 Release, licences[F26, supervision] and recall ]

Textual Amendments

F26Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C7Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

C10Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

PreliminaryE+W

237Meaning of “fixed-term prisoner” [F27etc]E+W

(1)In this Chapter “fixed-term prisoner” means—

(a)a person serving a sentence of imprisonment for a determinate term, or

(b)a person serving a determinate sentence of detention under section 91 [F28or 96] of [F29the PCC(S)A 2000, under] section [F30226A, 226B,] [F31227 ][F32, 228 or 236A] of this Act [F33or under section 250 [F34, 252A], 254, 262, 265, [F35266 or 268A] of the Sentencing Code].

[F36and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).]

[F37(1B)In this Chapter—

(a)references to a sentence of imprisonment include such a sentence passed by a service court;

(b)references to a sentence of detention under [F38section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code] include a sentence of detention under section 209 of the Armed Forces Act 2006;

[F39(ba)references to a sentence under section 226A of this Act [F40or section 266 or 279 of the Sentencing Code] include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb)references to a sentence under section 226B of this Act [F41or section 254 of the Sentencing Code] include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;]

(c)references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 [F42or section 240A]; F43...

(d)references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act[F44, and

(e)references to a sentence under section 236A of this Act [F45or section 265 or 278 of the Sentencing Code] include a sentence under that section passed as a result of section 224A of that Act.]

(1C)Nothing in subsection (1B) has the effect that [F46section 240ZA] or 265 [F47of this Act or section 225 of the Sentencing Code] (provision equivalent to which is made by the Armed Forces Act 2006) [F48or section 240A] applies to a service court.]

(2)In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

[F49(3)In this Chapter, references to a sentence of detention under section 96 of [F50the PCC(S)A 2000, under] section [F51226A][F52, 227 or 236A] of this Act [F53or under section 262, 265 [F54, 266 or 268A] of the Sentencing Code] are references to a sentence of detention in a young offender institution.]

Textual Amendments

F27Word in s. 237 heading inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F29Words in s. 237(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F33Words in s. 237(1)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F37S. 237(1B)(1C) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F38Words in s. 237(1B)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F40Words in s. 237(1B)(ba) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F41Words in s. 237(1B)(bb) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F45Words in s. 237(1B)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F47Words in s. 237(1C) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F50Words in s. 237(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C12S. 237(1B) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(8)

Commencement Information

I4S. 237 wholly in force at 4.4.2005; s. 237 not in force at Royal Assent, see s. 336(3); s. 237 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 237 in force in so far as not already 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)

Power of court to recommend licence conditionsE+W

F55238Power of court to recommend licence conditions for certain prisonersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

239The Parole BoardE+W

(1)The Parole Board is to continue to be, by that name, a body corporate and as such is—

(a)to be constituted in accordance with this Chapter, and

(b)to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.

(2)It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners.

(3)The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—

(a)any documents given to it by the Secretary of State, and

(b)any other oral or written information obtained by it;

and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member.

(4)The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.

(5)Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

(6)The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—

(a)the need to protect the public from serious harm from offenders, and

(b)the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

(7)Schedule 19 shall have effect with respect to the Board.

Commencement Information

I5S. 239 wholly in force at 4.4.2005; s. 239 not in force at Royal Assent, see s. 336(3); s. 239 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 239(5)(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 239 in force in so far as not already 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)

Effect of remand in custody[F56or on bail subject to certain types of condition]E+W

Textual Amendments

F56Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)

F57240Crediting of periods of remand in custody: terms of imprisonment and detentionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F58240ZATime remanded in custody to count as time served: terms of imprisonment and detentionE+W

(1)This section applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.

(2)It is immaterial for that purpose whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).

(3)The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.

But this is subject to subsections (4) to (6).

(4)If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

(5)A day counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(6)A day is not to count as time served as part of any [F59automatic release period served by the offender] (see section 255B(1)).

[F60(6A)Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.]

(7)For the purposes of this section a suspended sentence—

(a)is to be treated as a sentence of imprisonment when it takes effect under [F61paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code], and

(b)is to be treated as being imposed by the order under which it takes effect.

(8)In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

(9)For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term if—

(a)the sentences were passed on the same occasion, or

(b)where they were passed on different occasions, the person has not been released at any time during the period beginning with the first and ending with the last of those occasions.

(10)The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—

(a)detention pursuant to any custodial sentence;

(b)committal in default of payment of any sum of money;

(c)committal for want of sufficient distress to satisfy any sum of money;

(d)committal for failure to do or abstain from doing anything required to be done or left undone.

(11)This section applies to a determinate sentence of detention under section 91 or 96 [F62of the PCC(S)A 2000, under section 250, [F63252A,] 254, 262, 265 [F64, 266 or 268A] of the Sentencing Code or under] section [F65226A, 226B,] 227[F66, 228 or 236A] of this Act as it applies to an equivalent sentence of imprisonment.]

Textual Amendments

F59Words in s. 240ZA(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(6), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F61Words in s. 240ZA(7)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F62Words in s. 240ZA(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(4) (with Sch. 27); S.I. 2020/1236, reg. 2

[F67240A [F68Time remanded on bail to count towards time served]: terms of imprisonment and detentionE+W

(1)[F69Subsection (2) applies] where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence [F70of which the offender was convicted before 1 December 2020] F71... ,

(b)the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2)Subject to [F72subsections (3A) and (3B)], the court must direct that the credit period is to count as time served by the offender as part of the sentence.

F73[F74(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75(3ZA)Subsection (3ZB) applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

(3ZB)Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.]

(3A)A day of the credit period counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(3B)A day of the credit period is not to count as time served as part of any [F76automatic release period served by the offender] (see section 255B(1)).]

F77(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)[F79Subsections (7) to (9) and (11) of section 240ZA] apply for the purposes of this section as they apply for the purposes of that section but as if—

(a)in subsection (7)—

(i)the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of [F80the PCC(S)A 2000] relates;

(ii)in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of [F81the PCC(S)A 2000]; and

(b)[F82in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to [F83subsections (2) and (3ZB)] of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.

(12)In this section—

  • [F84“curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;]

  • “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

  • “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F85...

  • F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F69Words in s. 240A(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F70Words in s. 240A(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(b) (with Sch. 27) (as amended by S.I. 2020/1236, regs. 1, 4(7)(b)); S.I. 2020/1236, reg. 2

F74S. 240A(3)-(3B) substituted for s. 240A(3)-(8) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F75S. 240A(3ZA)(3ZB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F76Words in s. 240A(3B) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(7), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F80Words in s. 240A(11)(a)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F81Words in s. 240A(11)(a)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F83Words in s. 240A(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(5) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C13S. 240A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

C14S. 240A applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 325(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C15S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 2

C16S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 3

C17S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 4

241Effect of [F86section 240ZA or direction under section 240A] [F87or under section 325 of the Sentencing Code] on release on licenceE+W

(1)In determining for the purposes of this Chapter F88... whether a person [F89to whom section 240ZA applies or a direction under section 240A ] [F90or under section 325 of the Sentencing Code] relates —

(a)has served, or would (but for his release) have served, a particular proportion of his sentence, or

(b)has served a particular period,

the number of days [F91specified in section 240ZA or in the direction under section 240A] [F92or under section 325 of the Sentencing Code] are to be treated as having been served by him as part of that sentence or period.

[F93(1A)In subsection (1) the reference to [F94section 240ZA includes] section 246 of the Armed Forces Act 2006.]

F95(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Words in s. 241 heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F93S. 241(1A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 220; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

Commencement Information

I6S. 241 wholly in force 4.4.2005; s. 241 not in force at Royal Assent, see s. 336(3); s. 241 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 241 in force in so far as not already 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)

242Interpretation of [F96sections 240ZA][F97, 240A] and 241E+W

(1)For the purposes of [F96sections 240ZA][F97, 240A] and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—

““sentence of imprisonment” does not include a committal—

(a)in default of payment of any sum of money, other than one adjudged to be paid on a conviction,”;

and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.

(2)References in [F96sections 240ZA] and 241 to an offender’s being remanded in custody are references to his being—

(a)remanded in or committed to custody by order of a court,

(b)remanded [F98to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], or

(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).

F99(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C20S. 242(2)(b) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(a) by S.I. 2012/2906, art. 7(2)(3) (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 138; S.I. 2012/1236, reg. 2

C21S. 242(3) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(b) by S.I. 2012/2906, art. 7(2)(3) (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 138; S.I. 2012/1236, reg. 2

Commencement Information

I7S. 242 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

243Persons extradited to the United KingdomE+W

(1)A fixed-term prisoner is an extradited prisoner for the purposes of this section if—

(a)he was tried for the offence in respect of which his sentence was imposed [F100or he received that sentence]—

(i)after having been extradited to the United Kingdom, and

(ii)without having first been restored or had an opportunity of leaving the United Kingdom, and

(b)he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a)[F101, and

(c)the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.]

F102[F103(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A)Section 240ZA applies to days specified under [F104section 327(3) of the Sentencing Code] as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.]

F105(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101S. 243(1)(c) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F102S. 243(2) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F104Words in s. 243(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(4) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I8S. 243 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F106Unconditional releaseE+W

Textual Amendments

243ADuty to release [F107certain] prisoners serving less than 12 monthsE+W

[F108(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.]

[F109(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.

[F110(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)[F111in 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 264(2).

(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

F108S. 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)

Release on licenceE+W

244Duty to release prisonersE+W

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F112243A[F113, 244A][F114, 246A]][F115, 247 or 247A] applies, has served the requisite custodial period [F116for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.

[F117(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.]

[F118(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F119or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]

F120(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F121For the purposes of this section] “the requisite custodial period” means—

(a)[F122in relation to a prisoner serving one sentence], one-half of his sentence,

F123(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to a person serving two or more concurrent or consecutive sentences F124... , the period determined under sections 263(2) and 264(2).

[F125(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)

Commencement Information

I9S. 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)

[F126244ZBReferral of high-risk offenders to Parole Board in place of automatic releaseE+W

(1)This section applies to a prisoner who—

(a)would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and

(b)is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.

(2)For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)murder;

(b)specified offences, within the meaning of section 306 of the Sentencing Code.

(3)If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.

(4)Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).

(5)A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a).

(6)A notice given under subsection (4) must explain—

(a)the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)),

(b)why the Secretary of State is of the requisite opinion, and

(c)the prisoner’s right to make representations (see subsection (12)).

(7)A notice given under subsection (4)—

(a)takes effect at whichever is the earlier of—

(i)the time when it is received by the prisoner, and

(ii)the time when it would ordinarily be received by the prisoner, and

(b)remains in force until—

(i)the Secretary of State refers the prisoner’s case to the Board under this section, or

(ii)the notice is revoked.

(8)The Secretary of State—

(a)may revoke a notice given under subsection (4), and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(9)If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)—

(a)the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and

(b)the High Court, if satisfied that that ground is made out, must by order revoke the notice.

(10)At any time before the Board disposes of a reference under this section, the Secretary of State—

(a)may rescind the reference, and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(11)If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).

(12)The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.

But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.

Textual Amendments

244ZCProceedings following reference under section 244ZBE+W

(1)This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.

(2)If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.

(3)It is the duty of the Secretary of State to release the prisoner on licence as soon as—

(a)the prisoner has served the requisite custodial period, and

(b)the Board has directed the release of the prisoner under this section.

(4)The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(5)The Board must not subsequently give a direction under subsection (3) unless—

(a)the Secretary of State has referred the prisoner’s case to the Board under subsection (2), and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6)For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).]

Textual Amendments

[F127244ARelease on licence of prisoners serving sentence under [F128section 278 of the Sentencing Code etc] E+W

(1)This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A [F129or under section 265 or 278 of the Sentencing Code] [F130, other than a prisoner to whom section 247A applies].

(2)The Secretary of State must refer P's case to the Board—

(a)as soon as P has served the requisite custodial period, and

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(3)It is the duty of the Secretary of State to release P on licence under this section as soon as—

(a)P has served the requisite custodial period, and

(b)the Board has directed P's release under this section.

(4)The Board must not give a direction under subsection (3) unless—

(a)the Secretary of State has referred P's case to the Board, and

(b)the Board is satisfied that it is not necessary for the protection of the public that P should be confined.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C).

(6)For the purposes of this section—

  • “the appropriate custodial term” means the term determined as such by the court under section 236A [F131or under section 265 or 278 of the Sentencing Code];

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, one-half of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).]

Textual Amendments

F128Words in s. 244A heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F129Words in s. 244A(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F131Words in s. 244A(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F132245Restrictions on operation of section 244(1) in relation to intermittent custody prisonersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

246Power to release prisoners on licence before required to do soE+W

(1)Subject to subsections (2) to (4), the Secretary of State may—

(a)release on licence under this section a fixed-term prisonerF133... at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period, F134...

F134(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subsection (1)(a) does not apply in relation to a prisoner unless—

(a)the length of the requisite custodial period is at least 6 weeks, [F135and

(b)he has served—

(i)at least 4 weeks of that period, and

(ii)at least one-half of that period.]

F136(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (1) does not apply where—

(a)the sentence is imposed under section [F137226A,] 227[F138, 228 or 236A] [F139or under section 265, 266, 278 or 279 of the Sentencing Code],

[F140(aa)the sentence is for a term of 4 years or more,]

[F141(ab)the prisoner is one to whom section 247A applies,]

(b)the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),

(c)the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),

(d)the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 [F142, or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code,] in a case where the prisoner has failed to comply with a curfew requirement of a community order,

(e)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),

(f)the prisoner is liable to removal from the United Kingdom,

[F143(fa)the prisoner’s case has been referred to the Board under section 244ZB,

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

(g)the prisoner has been released on licence under this section [F144at any time], and has been recalled to prison under section 255(1)(a) [F145(and the revocation has not been cancelled under section 255(3))],

[F146(ga)the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);]

(h)the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, F147...

[F148(ha)the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of [F149the PCC(S)A 2000], or]

(i)in the case of a prisoner [F150to whom section 240ZA applies or a direction under section 240A [F151or under section 325 of the Sentencing Code] relates], the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days F152... .

[F153(4ZA)Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—

(a)if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;

(b)if the terms are to be served consecutively, a reference to the aggregate of the terms.]

[F154(4A)In subsection (4)—

(a)the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and

(b)the reference in paragraph (i) to [F155section 240ZA includes] section 246 of that Act.]

(5)The Secretary of State may by order—

(a)amend the number of days for the time being specified in subsection (1)(a) F156... or (4)(i),

(b)amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and

(c)amend the fraction for the time being specified in subsection (2)(b)(ii) F157... .

(6)In this section—

  • F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “the requisite custodial period” in relation to a person serving any sentence F159... , has the meaning given by [F160paragraph (a) or (b) of section 243A(3) or (as the case may be)] paragraph (a)F159... or (d) of section 244(3);

  • F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F162“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of [F163the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code] or under section [F164226A, 226B,] 227[F165, 228 or 236A] of this Act.]

Textual Amendments

F135S. 246(2)(b) and word substituted (14.7.2008) for s. 246(2)(b) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 24, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 11

F139Words in s. 246(4)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F142Words in s. 246(4)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F149Words in s. 246(4)(ha) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F151Words in s. 246(4)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F154S. 246(4A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 221; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F163Words in s. 246(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(3) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C26S. 246 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 237(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I10S. 246 wholly in force at 4.4.2005; s. 246 not in force at Royal Assent, see s. 336(3); s. 246(1)(b)(3)(4)(b)-(i)(5)(6) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 246(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 246 in force in so far as not already 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)

[F166246ARelease on licence of prisoners serving extended sentence under [F167section 254, 266 or 279 of the Sentencing Code etc] E+W

(1)This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B [F168or under section 254, 266 or 279 of the Sentencing Code] [F169, other than a prisoner to whom section 247A applies].

(2)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section [F170if—

(a)the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

(b)the appropriate custodial term is less than 10 years, and

(c)the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.]

(3)[F171In any other case], it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).

(4)The Secretary of State must refer P's case to the Board—

(a)as soon as P has served the requisite custodial period, and

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as—

(a)P has served the requisite custodial period, and

(b)the Board has directed P's release under this section.

(6)The Board must not give a direction under subsection (5) unless—

(a)the Secretary of State has referred P's case to the Board, and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.

[F172(6A)Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P.]

(7)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).

(8)For the purposes of this section—

  • “appropriate custodial term” means the term determined as such by the court under section 226A or 226B [F173or under section 254, 266 or 279 of the Sentencing Code] (as appropriate);

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).]

Textual Amendments

F167Words in s. 246A heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 225(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F168Words in s. 246A(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 225(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F173Words in s. 246A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 225(4) (with Sch. 27); S.I. 2020/1236, reg. 2

[F174246BManslaughter: prisoner's non-disclosure of informationE+W

(1)The Board must comply with this section when making a public protection decision about a prisoner if—

(a)the prisoner's sentence was passed for manslaughter;

(b)the Board does not know where and how the victim's remains were disposed of; and

(c)the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)When making the public protection decision about the prisoner, the Board must take into account—

(a)the prisoner's non-disclosure; and

(b)the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4)In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5)In this section, in relation to a prisoner—

  • “public protection decision” means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

  • “victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.]

Textual Amendments

[F174246CIndecent images: prisoner's non-disclosure of informationE+W

(1)The Board must comply with this section when making a public protection decision about a prisoner if—

(a)the prisoner's sentence was passed for—

(i)an offence of taking an indecent photograph of a child, or

(ii)a relevant offence of making an indecent pseudo-photograph of a child;

(b)the Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c)the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)When making the public protection decision about the prisoner, the Board must take into account—

(a)the prisoner's non-disclosure; and

(b)the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4)In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5)For the purposes of this section, an offence is—

(a)an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b)a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i)it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii)the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

(6)In this section—

  • “public protection decision”, in relation to a prisoner, means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

  • “relevant indecent image” means—

    (a)

    the photograph to which an offence of taking an indecent photograph of a child relates, or

    (b)

    the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.]

Textual Amendments

247Release on licence of prisoner serving extended sentence under section 227 or 228E+W

(1)This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228[F175, other than a prisoner to whom section 247A applies].

(2)As soon as—

(a)a prisoner to whom this section applies has served [F176the requisite custodial period], F177. . .

(b)F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the duty of the Secretary of State to release him on licence.

(3)F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F183(7)In this section—

  • “the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228;

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, one-half of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).]

[F184(8)In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).]

Textual Amendments

Commencement Information

I11S. 247 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F185247ARestricted eligibility for release on licence of terrorist prisonersE+W

(1)This section applies to a prisoner (a “terrorist prisoner”) who—

(a)is serving a fixed-term sentence imposed (whether before or after this section comes into force) in respect of an offence within subsection (2), and

(b)has not been released on licence.

(2)An offence is within this subsection ([F186whenever it was committed]) if—

[F187(a)it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),]

[F188(b)it is a service offence as respects which the corresponding civil offence is so specified, or

(c)it was determined to have a terrorist connection.]

[F189(2A)Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—

(a)under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders),

(b)on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

(c)in respect of an offence that—

(i)is specified in Part 1 of Schedule 19ZA (terrorism offences punishable with imprisonment for life),

(ii)is a service offence as respects which the corresponding civil offence is so specified,

(iii)is specified in Part 3 of that Schedule (other offences punishable with imprisonment for life) and was determined to have a terrorist connection, or

(iv)is a service offence as respects which the corresponding civil offence is so specified, and was determined to have a terrorist connection.]

(3)It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board—

(a)as soon as the prisoner has served the requisite custodial period, and

(b)where there has been a previous reference of the prisoner's case to the Board under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference.

(4)It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as—

(a)the prisoner has served the requisite custodial period, and

(b)the Board has directed the release of the prisoner under this section.

(5)The Board must not give a direction under subsection (4) unless—

(a)the Secretary of State has referred the terrorist prisoner's case to the Board, and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6)Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A [F190or under section [F191252A,] 254, 265, 266, [F192268A, 278, 279 or 282A] of the Sentencing Code].

(7)It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254).

[F193(7A)For the purposes of this section, an offence was determined to have a terrorist connection if it was—

(a)determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now subject to the provisions of this Chapter), or

(iii)section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or

(b)proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).]

(8)For the purposes of this section—

  • “the appropriate custodial term”, in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A, [F194or under section [F195252A,] 254, 265, 266, [F196268A, 278, 279 or 282A] of the Sentencing Code,] means the term determined as such by the court under that provision;

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, [F194or under section [F195252A,] 254, 265, 266, 278 or 279 of the Sentencing Code,] two-thirds of the appropriate custodial term,

    (b)

    in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and

    (c)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2);

  • “service offence”, [F197and “corresponding civil offence”] have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

(9)For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if—

(a)it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial [F198period] (within the meaning of this section, not section 244A), or

(b)it was made under section 246A(4).

(10)Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force.

[F199(10A)In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.]

(11)This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).]

Textual Amendments

F190Words in s. 247A(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 226(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F194Words in s. 247A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 226(4) (with Sch. 27); S.I. 2020/1236, reg. 2

248Power to release prisoners on compassionate groundsE+W

(1)The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

F200(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12S. 248 wholly in force at 4.4.2005; s. 248 not in force at Royal Assent, see s. 336(3); s. 248(1) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 248 in force in so far as not already 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)

249Duration of licenceE+W

(1)Subject to [F201subsection (3)], where a fixed-term prisoner[F202, other than one to whom section 243A applies,] is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence.

[F203(1A)Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.

This is subject to subsection (3).]

F204(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F205Subsections (1) and (1A) have] effect subject to [F206section] 263(2) (concurrent terms) [F207and sections 264(3C)(a) and 264B] F208... (consecutive terms) F209... .

F210(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F211(5)This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).]

Textual Amendments

Commencement Information

I13S. 249 wholly in force at 4.4.2005; s. 249 not in force at Royal Assent, see s. 336(3); s. 249 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 249 in force in so far as not already 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)

250Licence conditionsE+W

(1)In this section—

(a)“the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and

(b)“prescribed” means prescribed by the Secretary of State by order.

F212(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F214(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F215... (including F215... a sentence imposed under section [F216226A][F217, 227 or 236A] [F218or under section 278 [F219, 279 or 282A] of the Sentencing Code]) or any sentence of detention under section 91 [F220or 96] of [F221the PCC(S)A 2000, under section 250, [F222252A,] 254, 262, 265 [F223, 266 or 268A] of the Sentencing Code or under] section [F224226A, 226B,] [F225227 ][F226, 228 or 236A] of this Act—

(a)must include the standard conditions,

[F227(aa)must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000,] and

(b)may include—

(i)any [F228other] condition authorised by section 62[F229, 64 or 64A] of the Criminal Justice and Court Services Act 2000 [F230or section 28 of the Offender Management Act 2007], and

(ii)such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

[F231(4A)In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).]

(5)A licence under section 246 must also include a curfew condition complying with section 253.

[F232(5A)Subsection (5B) applies to a licence granted, either on initial release or after recall to prison, [F233to—

(a)a prisoner [F234, other than a terrorist prisoner,]] serving an extended sentence imposed under section 226A or 226B [F235or under section 254, 266 or 279 of the Sentencing Code], other than a sentence that meets the conditions in section 246A(2) (release without direction of the Board)[F236, or

(b)a prisoner [F237, other than a terrorist prisoner,] serving a sentence imposed under section 236A [F238or under section [F239252A,] 265 or 278 of the Sentencing Code].]

[F240(5AA)Subsection (5B) also applies to a licence granted, either on initial release or after recall to prison, to a terrorist prisoner in a case where the licence is granted following a direction of the Board for the prisoner’s release.]

(5B)The Secretary of State must not—

(a)include a condition referred to in subsection (4)(b)(ii) in the licence, either on release or subsequently, or

(b)vary or cancel any such condition included in the licence,

unless the Board directs the Secretary of State to do so.]

F241(5BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F242(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a)the protection of the public,

(b)the prevention of re-offending, and

(c)securing the successful re-integration of the prisoner into the community.

[F244(9)In this section “terrorist prisoner” means a prisoner to whom section 247A applies, or would apply but for the prisoner’s having been released on licence.]

Textual Amendments

F221Words in s. 250(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F229Words in s. 250(4)(b)(i) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 12(2), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(k)

F230Words in s. 250(4)(b)(i) inserted (for specified purposes and with effect in accordance with art. 5 of the commencing S.I., 6.1.2014 in so far as not already in force) by Offender Management Act 2007 (c. 21), ss. 28(5), 41(1); S.I. 2009/32, arts. 3(a), 4; S.I. 2013/1963, art. 2(1)

F232S. 250(5A)(5B) substituted for s. 250(5A) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(5), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 11

F235Words in s. 250(5A)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(4)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F238Words in s. 250(5A)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(4)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I14S. 250 partly in force; s. 250 not in force at Royal Assent, see s. 336(3); s. 250(1)-(3)(5)-(8) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 250(1)(2)(b)(ii)(4)(b)(ii)(8) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 250(1)(4)-(7) 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)

F245251Licence conditions on re-release of prisoner serving sentence of less than 12 monthsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I15S. 251 partly in force; s. 251 not in force at Royal Assent, see s. 336(3); s. 251 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.

252Duty to comply with licence conditionsE+W

[F246(1)]A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.

[F247(2)But where—

(a)the licence relates to a sentence of imprisonment passed by a service court, [F248and]

F249(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the person is residing outside the British Islands,

the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.]

Textual Amendments

F246S. 252 renumbered (28.3.2009 for certain purposes, otherwise 31.10.2009) as s. 252(1) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F247S. 252(2) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I16S. 252 wholly in force at 4.4.2005; s. 252 not in force at Royal Assent, see s. 336(3); s. 252 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 252 in force in so far as not already 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)

253Curfew condition to be included in licence under section 246[F250, 255B or 255C] E+W

(1)For the purposes of this Chapter, a curfew condition is a condition which—

(a)requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be premises approved by the Secretary of State under [F251section 13 of the Offender Management Act 2007 (c.21)]), and

(b)includes [F252a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to] electronic monitoring of his whereabouts during the periods for the time being so specified.

(2)The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

(3)The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released [F253unconditionally under section 243A or] on licence under section 244.

F254(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F255(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.

Textual Amendments

Commencement Information

I17S. 253 wholly in force at 4.4.2005; s. 253 not in force at Royal Assent, see s. 336(3); s. 253 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 253(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 253 in force in so far as not already 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)

Recall after releaseE+W

254Recall of prisoners while on licenceE+W

(1)The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(2)A person recalled to prison under subsection (1)—

(a)may make representations in writing with respect to his recall, and

(b)on his return to prison, must be informed of the reasons for his recall and of his right to make representations.

[F256(2A)The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B)The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C)Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.]

F257(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

(7)Nothing in [F258this section] applies in relation to a person recalled under section 255.

Textual Amendments

F257S. 254(3)-(5) repealed (14.7.2008 for certain purposes, otherwise 31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 15, 50(2)(c) (subject to Sch. 2 para. 3); S.I. 2009/2606, art. 3(c)

F258Words in s. 254(7) substituted (14.7.2008 for certain purposes, otherwise 31.10.2009 ) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (subject to Sch. 2 para. 3); S.I. 2009/2606 {art. 3(c)}

Commencement Information

I18S. 254 wholly in force at 4.4.2005; s. 254 not in force at Royal Assent, see s. 336(3); s. 254 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 254 in force in so far as not already 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 (as amended by S.I. 2005/2122, art. 2))

255Recall of prisoners released early under section 246E+W

(1)If it appears to the Secretary of State, as regards a person released on licence under section 246—

(a)that he has failed to comply with [F259the curfew condition included in the licence], or

(b)that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,

the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.

(2)A person whose licence under section 246 is revoked under this section—

(a)may make representations in writing with respect to the revocation, and

(b)on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.

(3)The Secretary of State, after considering any representations under [F260subsection (2)(a)] or any other matters, may cancel a revocation under this section.

(4)Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.

(5)On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

Textual Amendments

F259Words in s. 255(1)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(3), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

Commencement Information

I19S. 255 wholly in force at 4.4.2005; s. 255 not in force at Royal Assent, see s. 336(3); s. 255 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 255 in force in so far as not already 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)

[F261255ZAOffence of remaining unlawfully at large after recallE+W

(1)A person recalled to prison under section 254 or 255 commits an offence if the person—

(a)has been notified of the recall orally or in writing, and

(b)while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2)A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)written notice of the recall has been delivered to an appropriate address, and

(b)a period specified in the notice has elapsed.

(3)In subsection (2) “an appropriate address” means—

(a)an address at which, under the person's licence, the person is permitted to reside or stay, or

(b)an address nominated, in accordance with the person's licence, for the purposes of this section.

(4)A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b)the person has failed to comply with such an instruction, and

(c)the person has not complied with such an instruction for at least 6 months.

(5)A person who is guilty of an offence under this section is liable—

(a)on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b)on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

(6)In relation to an offence committed before [F2622 May 2022] comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.

(7)In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]

Textual Amendments

[F263Further release after recall]E+W

Textual Amendments

F263S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

[F263255AFurther release after recall: introductoryE+W

(1)This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.

(2)The Secretary of State must, on recalling a person other than an extended sentence prisoner [F264, a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB], consider whether the person is suitable for automatic release.

F265(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of [F266the automatic release period].

(5)The person must be dealt with—

(a)in accordance with section 255B if suitable for automatic release;

(b)in accordance with section 255C otherwise.

[F267but that is subject, where applicable, to section 243A(2) (unconditional release).]

(6)For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(7)An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

(a)section [F268226A, 226B,] 227 or 228 of this Act, F269...

[F270(aa)section 254, 266 or 279 of the Sentencing Code, or]

(b)section 85 of [F271the PCC(S)A 2000];

and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to [F271the PCC(S)A 2000]) a reference to section 58 of the Crime and Disorder Act 1998.]

[F272(7A)A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code.]

[F273(8)Automatic release” means release at the end of the automatic release period.

(9)In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—

(a)where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;

(b)where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

(10)In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—

(a)the period described in subsection (9)(a) or (b) (as appropriate);

(b)the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.]

Textual Amendments

F269Word in s. 255A(7)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 228(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F271Words in s. 255A(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 228(c) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C27S. 255A(7) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[F263255BAutomatic releaseE+W

(1)A prisoner who is suitable for automatic release (“P”) must—

(a)on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and

(b)at the end of [F274the automatic release period (as defined in section 255A(9) and (10))], be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

(4)If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.

(5)Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).

(9)If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—

(a)the Secretary of State must inform P that he or she will not be released under this section, and

(b)section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.]

Textual Amendments

F274Words in s. 255B(1)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(5), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

[F263255C[F275Prisoners not suitable for automatic release]E+W

(1)This section applies to a prisoner (“P”) [F276—

(a)whose suitability for automatic release does not have to be considered under section 255A(2), or

(b)who is not considered suitable for automatic release.]

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.

(4)The Secretary of State must refer P's case to the Board—

(a)if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or

(b)if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.

(5)Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.]

Textual Amendments

256[F277Review by the Board]E+W

(1)Where on a reference under [F278section 255B(4) or 255C(4)] in relation to any person, the Board does not [F279direct] his immediate release on licence under this Chapter, the Board must either—

(a)fix a date for the person’s release on licence, or

[F280(b)determine the reference by making no [F281direction] as to his release.]

(2)Any date fixed under subsection (1)(a) F282. . . must not be later than the first anniversary of the date on which the decision is taken.

F283(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the Board has fixed a date under subsection (1)(a), it is the duty of the Secretary of State to release him on licence on that date.

F284(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I20S. 256 wholly in force at 4.4.2005; s. 256 not in force at Royal Assent, see s. 336(3); s. 256 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 256 in force in so far as not already 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)

[F285256AFurther reviewE+W

(1)The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.

(2)The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.

(3)The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).

(4)On a reference under subsection (1) or (2), the Board must determine the reference by—

(a)[F286directing] the person's immediate release on licence under this Chapter,

(b)fixing a date for his release on licence, or

(c)making no [F287direction] as to his release.

(5)The Secretary of State—

(a)where the Board makes a [F288direction] under subsection (4)(a) for the person's immediate release on licence, must give effect to the [F288direction]; and

(b)where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.]

Textual Amendments

[F289256AZARelease after recall where further sentence being servedE+W

(1)This section applies where a person (“the offender”) is serving two or more terms of imprisonment.

(2)Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others.

(3)Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

(a)to refer the offender’s case to the Board, or

(b)to release the offender,

in respect of each of the others.

(4)If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence—

(a)until the last date on which the offender is required to be on licence in respect of any of the terms, and

(b)subject to such conditions as are required by this Chapter in respect of any of the sentences.

(5)This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment—

(a)section 91 or 96 of the PCC(S)A 2000;

(b)section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code;

(c)section 226A, 226B, 227, 228 or 236A of this Act.]

Textual Amendments

[F290256AZBPower to change test for release following recallE+W

(1)The Secretary of State may by order change—

(a)the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;

(b)the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);

(c)the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).

(2)An order under subsection (1) may in particular—

(a)apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);

(b)amend this Chapter.]

Textual Amendments

[F291Supervision of offendersE+W

Textual Amendments

F291S. 256AA and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)

256AASupervision after end of sentence of prisoners serving less than 2 yearsE+W

(1)This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—

(a)the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),

(b)the sentence was an extended sentence imposed under [F292section 254, 266 or 279 of the Sentencing Code],

[F293(ba)the sentence was imposed under [F294section 265 or 278 of that Code],]

[F295(bb)section 247A applied to the offender in respect of the sentence,] or

(c)the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.

(2)The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—

(a)in legal custody,

(b)subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or

(c)subject to DTO supervision.

(3)The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).

(4)“The supervision period” is the period which—

(a)begins on the expiry of the sentence, and

(b)ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)).

(5)The purpose of the supervision period is the rehabilitation of the offender.

(6)The Secretary of State must have regard to that purpose when specifying requirements under this section.

(7)The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.

(8)In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.

(9)In relation to a person subject to supervision requirements under this section following a sentence of detention under [F296section 250 of the Sentencing Code], the supervisor must be—

(a)an officer of a provider of probation services, or

(b)a member of the youth offending team established by the local authority in whose area the offender resides for the time being.

(10)In relation to any other person, the supervisor must be an officer of a provider of probation services.

(11)In this section “DTO supervision” means supervision under—

(a)a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or

(b)an order under [F297paragraph 3(2)(b) of Schedule 12 to the Sentencing Code] (breach of supervision requirements of detention and training order).

(12)This section has effect subject to section 264(3C)(b) and (3D).]

Textual Amendments

F297Words in s. 256AA(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 229(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C29Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C30S. 256AA(2)-(11) applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C31Ss. 256AA(2)-(11) applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4)(7), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

[F298256ABSupervision requirements under section 256AAE+W

(1)The only requirements that the Secretary of State may specify in a notice under section 256AA are—

(a)a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;

(b)a requirement not to commit any offence;

(c)a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;

(d)a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;

(e)a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;

(f)a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;

(g)a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);

(h)a requirement to participate in activities in accordance with any instructions given by the supervisor;

(i)a drug testing requirement (see section 256D);

(j)a drug appointment requirement (see section 256E).

(2)Where a requirement is imposed under subsection (1)(h), [F299paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies] in relation to the requirement (reading references to the responsible officer as references to the supervisor).

(3)Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).

(4)The Secretary of State may by order—

(a)add requirements that may be specified in a notice under section 256AA,

(b)remove or amend such requirements,

(c)make provision about such requirements, including about the circumstances in which they may be imposed, and

(d)make provision about instructions given for the purposes of such requirements.

(5)An order under subsection (4) may amend this Act.

(6)In this section “work” includes paid and unpaid work.]

Textual Amendments

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C29Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C32S. 256AB applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C33S. 256AB applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C34S. 256AB(4) extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

[F300256ACBreach of supervision requirements imposed under section 256AAE+W

(1)Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, the justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b)if the information is in writing and on oath, issue a warrant for the offender's arrest.

(2)Any summons or warrant issued under this section must direct the person to appear or be brought—

(a)before a magistrates' court acting for the local justice area in which the offender resides, or

(b)if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant.

(3)Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest.

(4)If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—

(a)order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),

(b)order the person to pay a fine not exceeding level 3 on the standard scale, or

(c)make an order (a “supervision default order”) imposing on the person—

(i)an unpaid work requirement (as defined by [F301paragraph 1 of Schedule 9 to the Sentencing Code]), or

(ii)a curfew requirement (as defined by [F302paragraph 9 of that Schedule]).

(5)[F303Paragraph 10(3) of Schedule 9 to the Sentencing Code] (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.

(6)If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.

(7)Where the person is under the age of 21—

(a)an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but

(b)the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.

(8)A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.

(9)A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(10)In Schedule 19A (supervision default orders)—

(a)Part 1 makes provision about requirements of supervision default orders, and

(b)Part 2 makes provision about the breach, revocation and amendment of supervision default orders.

[F304(10A)Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.]

(11)A person dealt with under this section may appeal to the Crown Court against[F305—

(a)]the order made by the court [F306under this section, and

(b)an order made by the court under [F307section 46 of the Sentencing Code] (criminal courts charge) when dealing with the person under this section.]]

Textual Amendments

F301Words in s. 256AC(4)(c)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F302Words in s. 256AC(4)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F305Words in s. 256AC(11) renumbered as s. 256AC(11)(a) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 14(a); S.I. 2015/778, art. 3, Sch. 1 para. 78

F307Words in s. 256AC(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C29Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C35S. 256AC applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C36S. 256AC applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

F308[F309...E+W

Textual Amendments

F308S. 256B cross-heading omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 19 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

256B[F310Supervision after release of certain young offenders serving less than 12 months]E+W

[F311(1)This section applies where a person (“the offender”) is released under this Chapter if—

(a)the person is, at the time of the release, serving a sentence of detention under [F312section 250 of the Sentencing Code] which is for a term of less than 12 months, and

(b)the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).

(1A)This section also applies where a person (“the offender”) is released under this Chapter if—

(a)the person is, at the time of the release, serving a sentence of detention under [F313section 250 or 262 of the Sentencing Code] 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.]

[F314(1B)But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.]

(2)The offender is to be under the supervision of—

(a)an officer of a provider of probation services,

(b)a social worker of a local authority, or

(c)F315... a member of the youth offending team.

(3)Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.

(4)Where the supervision is to be provided by—

(a)a social worker of a local authority, or

(b)a member of a youth offending team,

the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.

(5)The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).

(6)During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.

(7)The requirements that may be specified in a notice under subsection (6) include—

(a)requirements [F316to submit to] electronic monitoring of the offender's compliance with any other requirements specified in the notice;

(b)requirements [F317to submit to] electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);

[F318(c)where the offender is aged 18 or over—

(i)drug testing requirements (see section 256D);

(ii)drug appointment requirements (see section 256E).]

[F319(7A)Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).]

F320(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F321(9)The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).]

F322(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F311S. 256B(1)(1A) substituted for s. 256B(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(d)

F315Words in s. 256B(2)(c) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(3), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

256CBreach of supervision requirements [F323imposed under section 256B] E+W

(1)Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b)if the information is in writing and on oath, issue a warrant for the offender's arrest.

(2)Any summons or warrant issued under this section must direct the offender to appear or be brought—

(a)before a court acting for the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.

(3)Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.

(4)If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—

(a)order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or

(b)[F324order the offender to pay] a fine not exceeding level 3 on the standard scale.

(5)An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.

(6)A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(7)An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).

(8)In this section “court” means—

(a)if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;

(b)if the offender is under the age of 18 years at the date of release, a youth court.]

Textual Amendments

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

[F325256DDrug testing requirementsE+W

(1)“Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body.

(2)A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a)the Secretary of State is satisfied of the matters in subsection (3), and

(b)the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement.

(3)Those matters are—

(a)that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and

(b)that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.

(4)An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State.

(5)The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.

(6)In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

Textual Amendments

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C37S. 256D applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C38S. 256D applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C39S. 256D applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(b)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

256EDrug appointment requirementsE+W

(1)“Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.

(2)A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a)the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and

(b)the Secretary of State is satisfied of the matters in subsection (3).

(3)Those matters are—

(a)that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,

(b)that the offender is dependent on, or has a propensity to misuse, a controlled drug,

(c)that the dependency or propensity requires, and may be susceptible to, treatment, and

(d)that arrangements have been made, or can be made, for the offender to have treatment.

(4)The requirement must specify—

(a)the person with whom the offender is to meet or under whose direction the appointments are to take place, and

(b)where the appointments are to take place.

(5)The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.

(6)The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—

(a)the duration of each appointment, and

(b)when each appointment is to take place.

(7)For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.

(8)In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.]

Textual Amendments

Modifications etc. (not altering text)

C28Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C40S. 256E applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C41S. 256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C42S. 256E applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(b)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Additional daysE+W

257Additional days for disciplinary offencesE+W

(1)Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days—

(a)to fixed-term prisoners, or

(b)conditionally on their subsequently becoming such prisoners, to persons on remand,

who (in either case) are guilty of disciplinary offences.

(2)Where additional days are awarded to a fixed-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—

(a)any period which he must serve before becoming entitled to or eligible for release under this Chapter,

(b)any period which he must serve before he can be removed from prison under section 260, and

(c)any period for which a licence granted to him under this Chapter remains in force,

is extended by the aggregate of those additional days.

Commencement Information

I21S. 257 partly in force; s. 257 not in force at Royal Assent, see s. 336(3); s. 257 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 257(1) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 257(1)(2)(a)(b) 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)

I22S. 257(2)(c) in force at 3.12.2012 for specified purposes by S.I. 2012/2905, art. 2

Fine defaulters and contemnorsE+W

258Early release of fine defaulters and contemnorsE+W

(1)This section applies in relation to a person committed to prison—

(a)in default of payment of a sum adjudged to be paid by a conviction, or

(b)for contempt of court or any kindred offence.

(2)As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.

[F326(2A)Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).]

[F327(2B)Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.

(2C)The Secretary of State may by order amend the amount for the time being specified in subsection (2B).]

(3)Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section [F328or in paragraph 35 of Schedule 20B] requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.

[F329(3A)The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of [F330the PCC(S)A 2000, under section 250 [F331, 252A], 254, 262, 265 [F332, 266 or 268A] of the Sentencing Code] or under section [F333226A, 226B,] 227 [F334, 228 or 236A] of this Act.]

(4)The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.

Textual Amendments

F327S. 258(2B)(2C) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(3), 88(1) (with s. 86(2)); S.I. 2015/820, reg. 3(g)

F330Words in s. 258(3A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 233 (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I23S. 258 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Persons liable to removal from the United KingdomE+W

259Persons liable to removal from the United KingdomE+W

For the purposes of this Chapter a person is liable to removal from the United Kingdom if—

(a)he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,

(b)he is liable to deportation under section 3(6) of that Act,

(c)he has been notified of a decision to refuse him leave to enter the United Kingdom,

(d)he is an illegal entrant within the meaning of section 33(1) of that Act, or

(e)he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

Commencement Information

I24S. 259 wholly in force at 4.4.2005; s. 259 not in force at Royal Assent, see s. 336(3); s. 259 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 259 in force in so far as not already 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)

Prospective

[F335259APersons eligible for removal from the United KingdomE+W

(1)For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.

(2)The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.

(3)The person must not be one who is liable to removal from the United Kingdom.]

Textual Amendments

260Early removal of prisoners liable to removal from United KingdomE+W

(1)[F336Subsections (2) and (2C)], where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of [F337270] days ending with the day on which the prisoner will have served the requisite custodial period.

[F338(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.]

[F339(2A)[F340Subject to subsection (2C),] if a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B [F341or under section 254, 266 or 279 of the Sentencing Code,] [F342or a sentence under section 236A] [F343or under section 265 or 278 of the Sentencing Code] —

(a)is liable to removal from the United Kingdom, and

(b)has not been removed from prison under this section during the period mentioned in subsection (1),

the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.

(2B)Subsection (2A) applies whether or not the Board has directed the prisoner's release under section [F344this Chapter].]

[F345(2C)Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.]

F346(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F347(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A prisoner removed from prison under this section—

(a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

(i)Schedule 2 or 3 to the Immigration Act 1971, or

(ii)section 10 of the Immigration and Asylum Act 1999 (c. 33), and

(b)so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.

(5)So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section [F348243A,] 244[F349, [F350244ZB,] 244A][F351, 246A][F352, 247] or 248 is exercisable in relation to him as if he were in prison.

(6)The Secretary of State may by order—

(a)amend the number of days for the time being specified in subsection (1) F353... ,

F354(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)amend the fraction for the time being specified in [F355subsection (2)].

F356(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F357(8)Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.]

[F358(9)Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a)the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b)subsection (5) is to be read as including reference to section 247A.]

Textual Amendments

F337Word in s. 260(1) substituted (7.4.2008) by The Early Removal of Fixed-Term Prisoners (Amendment of Eligibility Period) Order 2008 (S.I. 2008/978), art. 2

F341Words in s. 260(2A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 234(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F343Words in s. 260(2A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 234(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F355Words in s. 260(6)(c) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(c), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)

Commencement Information

I25S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already 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)

261Re-entry into United Kingdom of offender removed from prison earlyE+W

(1)This section applies in relation to a person who, after being removed from prison under section 260, has been removed from the United Kingdom before he has served the requisite custodial period.

(2)If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—

(a)the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

(b)his sentence expiry date.

(3)A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large) to be unlawfully at large.

(4)Subsection (2) does not prevent the further removal from the United Kingdom of a person falling within that subsection.

(5)Where, in the case of a person returned to prison by virtue of subsection (2), the further custodial period ends before the sentence expiry date, [F359—

F360(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F361...] [F362section 243A[F363, 244[F364, [F365244ZC,] 244A], 246A[F366, 247 or 247A]] (as the case may be)] has effect in relation to him as if the reference to the requisite custodial period were a reference to the further custodial period.

(6)In this section—

  • “further custodial period” has the meaning given by subsection (2)(a);

  • “outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date of his removal from the United Kingdom and ending with the date on which he would, but for his removal, have served the requisite custodial period;

  • [F367“requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);]

  • F368...

  • “sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for his [F369release from prison and] removal from the United Kingdom, he would have [F370served the whole of the sentence].

Textual Amendments

F361Words in s. 261(5)(b) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(b)(i), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10

Commencement Information

I26S. 261 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

F371262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consecutive or concurrent termsE+W

263Concurrent termsE+W

(1)This section applies where—

(a)a person (“the offender”) has been sentenced F372. . . to two or more terms of imprisonment which are wholly or partly concurrent, and

(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.

(2)Where this section applies—

(a)nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until he is required to release him in respect of each of the others,

[F373(aa)the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),]

(b)[F374section 246] does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others [F375to which that section applies],

(c)on and after his release under this Chapter [F376(unless that release is unconditional)] the offender is to be on licence[F377—

(i)until the last date on which the offender is required to be on licence in respect of any of the terms, and

(ii)subject to such conditions as are] required by this Chapter in respect of any of the sentences.

F378(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “term of imprisonment” includes a determinate sentence of detention under section 91 [F379or 96] of [F380the PCC(S)A 2000, under section 250, [F381252A,] 254, 262, 265 [F382, 266 or 268A] of the Sentencing Code] or under section [F383226A, 226B,] [F384227 ] [F385, 228 or 236A] of this Act.

[F386(5)This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).]

Textual Amendments

F372Words in s. 263(1)(a) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 226, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F380Words in s. 263(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 235 (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I27S. 263 wholly in force at 4.4.2005; s. 263 not in force at Royal Assent, see s. 336(3); s. 263 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 263 in force in so far as not already 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)

264Consecutive termsE+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, and

(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, F387...

F387(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Nothing in this Chapter requires the Secretary of State to release the offender F388... until he has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the terms of imprisonment.

[F389(3B)The offender's release under this Chapter is to be unconditional if—

(a)the aggregate length of the terms of imprisonment is less than 12 months, and

(b)section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

(3C)If the offender is released on licence under this Chapter—

(a)the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);

(b)the offender is to be subject to supervision requirements under section 256AA if (and only if)—

(i)section 256AA so requires in respect of one or more of the sentences, and

(ii)the aggregate length of the terms of imprisonment is less than 2 years.

(3D)If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).

(3E)When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.]

F390(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F390(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F391(6)In this section “custodial period”[F392, except if subsection (6A) applies,] means—

(a)in relation to an extended sentence imposed under section 226A or 226B [F393or under section 254, 266 or 279 of the Sentencing Code], two-thirds of the appropriate custodial term determined by the court under that section,

(b)in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

(c)in relation to a sentence imposed under section 236A [F394or under section 265 or 278 of the Sentencing Code], one-half of the appropriate custodial term determined by the court under that section, and

(d)in relation to any other sentence, one-half of the sentence.]

[F395(6A)In this section “custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

[F396(za)in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section),]

(a)in relation to an extended sentence [F397(not being one to which paragraph (za) applies)] imposed under section 226A, 226B, 227 or [F398228 of this Act or section 254, 266 or 279 of the Sentencing Code,] or a sentence imposed under section [F399236A of this Act or section [F400252A, 265] or 278 of that Code,] two-thirds of the appropriate custodial term determined by the court under that section;

(b)in relation to any other sentence, two-thirds of the sentence.]

(7)This section applies to a determinate sentence of detention under section 91 [F401or 96] of [F402the PCC(S)A 2000, under section 250, [F403252A,] 254, 262, 265 [F404, 266 or 268A] of the Sentencing Code] or under section [F405226A, 226B,] [F406227 ] [F407, 228 or 236A] of this Act as it applies to a term of imprisonment F408... .

[F409(8)This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).]

Textual Amendments

F389S. 264(3B)-(3E) substituted for s. 264(3)(3A) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)

F393Words in s. 264(6)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F394Words in s. 264(6)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F398Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F399Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F402Words in s. 264(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(4) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I28S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) 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)

F410264AConsecutive terms: intermittent custodyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F411264AAConsecutive terms: detention and training ordersE+W

(1)This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter.

(2)Any direction in respect of the offender by the Parole Board under—

(a)subsection (5)(b) of section 246A,

(b)subsection (4)(b) of section 247A, or

(c)sub-paragraph (3) of paragraph 15 of Schedule 20B,

is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section [F412or paragraph].

(3)In this section—

(a)references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and

(b)“relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.]

Textual Amendments

[F413264BConsecutive terms: supplementaryE+W

(1)This section applies in a case in which section 264 applies where—

(a)the offender is released on licence under this Chapter,

(b)the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and

(c)those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed in respect of an offence committed on or after that day.

(2)The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of—

(a)the custodial period in relation to each of the short transitional terms, and

(b)the full length of each of the other terms.

(3)In this section “custodial period” has the same meaning as in section 264.]

Textual Amendments

Modifications etc. (not altering text)

C45S. 264B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C46S. 264B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C47S. 264B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

Restriction on consecutive sentences for released prisonersE+W

F414265Restriction on consecutive sentences for released prisonersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

Drug testing requirementsE+W

F415266Release on licence etc: drug testing requirementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SupplementalE+W

267Alteration by order of relevant proportion of sentenceE+W

The Secretary of State may by order provide that any reference in [F416section 243A(3)(a),] section 244(3)(a), section 247(2) or [F417section 264(6)(d)] to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.

Textual Amendments

[F418267AApplication of Chapter 6 to pre-4 April 2005 casesE+W

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.]

Textual Amendments

Modifications etc. (not altering text)

C48S. 267A applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a)(4)(a), 9(2)(a)(4)(a) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 paras. 7, 8; S.I. 2012/2906, art. 2(n))

[F419267BModification of Chapter 6 in certain transitional casesE+W

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.]

Textual Amendments

Modifications etc. (not altering text)

C49S. 267B applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a)(4)(a), 9(2)(a)(4)(a) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 paras. 7, 8; S.I. 2012/2906, art. 2(n))

268Interpretation of Chapter 6E+W

[F420(1)] In this Chapter —

  • “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);

  • “the Board” means the Parole Board;

  • [F421“fixed-term prisoner” and “fixed-term sentence”] have the meaning given by section 237(1) [F422(as extended by section 237(1B));]

  • F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F424“offender subject to supervision under this Chapter” means a person who is subject to supervision requirements under section 256AA or 256B;]

  • “prison” and “prisoner” are to be read in accordance with section 237(2);

  • [F424“supervision default order” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;]

  • [F424“the supervision period”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as appropriate);]

  • [F424“the supervisor”—

    (a)

    in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section, and

    (b)

    in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section;]

  • F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F425(1A)In this Chapter, “the requisite custodial period” means [F426(except where it has the meaning given by section 247A(8))] —

(a)in relation to a person serving an extended sentence imposed under section 226A or 226B [F427or under section 254, 266 or 279 of the Sentencing Code], the requisite custodial period for the purposes of section 246A;

(b)in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c)in relation to a person serving a sentence imposed under section 236A [F428or under section 265 or 278 of the Sentencing Code], the requisite custodial period for the purposes of section 244A;

[F429(ca)in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;]

(d)in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A or section 244 (as appropriate).]

[F430(2)For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.]

Textual Amendments

F422S. 268: words in definition of "fixed-term prisoner" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 227; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F427Words in s. 268(1A)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 238(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F428Words in s. 268(1A)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 238(b) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I29S. 268 wholly in force at 4.4.2005; s. 268 not in force at Royal Assent, see s. 336(3); s. 268 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 268 in force in so far as not already 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)

Chapter 7E+WEffect of life sentence

F431269Determination of minimum term in relation to mandatory life sentenceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F432270Duty to give reasonsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

271AppealsE+W

(1)In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—

“(1A)In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.

(2)In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—

“((1ZA))In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.

272Review of minimum term on a reference by Attorney GeneralE+W

(1)In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—

“(3A)Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.”.

(2)F433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F433S. 272(2)(3) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 229, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

273Life prisoners transferred to England and WalesE+W

(1)The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.

(2)In subsection (1) “transferred life prisoner” means a person -

(a)on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and

(b)who has been transferred to England and Wales after the commencement of this section in pursuance of—

(i)an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or

(ii)a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),

there to serve his sentence or sentences or the remainder of his sentence or sentences.

(3)In subsection (1) “a relevant order” means [F434a minimum term order or a whole life order under section 321 of the Sentencing Code].

(4)In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”.

[F435(5)The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).]

Textual Amendments

F434Words in s. 273(3) substituted for s. 273(3)(a)(b) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 239 (with Sch. 27); S.I. 2020/1236, reg. 2

274Further provisions about references relating to transferred life prisonersE+W

(1)A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.

(2)In relation to a reference under that section, any reference to “the court” [F436in sections 321 to 323 of the Sentencing Code] is to be read as a reference to the High Court.

(3)A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4)Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to [F437Supreme Court] from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5)The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6)Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the [F437Supreme Court] under this section.

(7)In relation to appeals to the Court of Appeal or the [F437Supreme Court] under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

Textual Amendments

F436Words in s. 274(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 240 (with Sch. 27); S.I. 2020/1236, reg. 2

275Duty to release certain life prisonersE+W

(1)Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows.

(2)For subsection (1A) there is substituted—

“(1A)This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.”

(3)In subsection (1B)(a)—

(a)for the words from the beginning to “applies” there is substituted “ this section does not apply to him ”, and

(b)for the words from “such an order” to “appropriate stage” there is substituted “ a minimum term order has been made in respect of each of those sentences ”.

(4)After subsection (8) there is inserted—

“(8A)In this section “minimum term order” means an order under—

(a)subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

(b)subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).”.

276Mandatory life sentences: transitional casesE+W

Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.

F438277Interpretation of Chapter 7E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 8U.K.Other provisions about sentencing

Deferment of sentenceE+W

F439278Deferment of sentenceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Power to include drug treatment and testing requirement in certain orders in respect of young offendersE+W

279Drug treatment and testing requirement in action plan order or supervision orderE+W

F440. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I30S. 279 partly in force; s. 279 not in force at Royal Assent, see s. 336(3); s. 279 in force for certain purposes at 1.12.2004 by S.I. 2004/3033, art. 2(1)(2) (subject to art. 2(3)(4))

Alteration of penalties for offencesE+W+S

Prospective

280Alteration of penalties for specified summary offencesE+W

(1)The summary offences listed in Schedule 25 are no longer punishable with imprisonment.

(2)Schedule 26 (which contains amendments increasing the maximum term of imprisonment for certain summary offences from 4 months or less to 51 weeks) shall have effect.

(3)This section does not affect the penalty for any offence committed before the commencement of this section.

Valid from 14/07/2022

281Alteration of penalties for other summary offencesE+W

(1)Subsection (2) applies to any summary offence which—

(a)is an offence under a relevant enactment,

(b)is punishable with a maximum term of imprisonment of five months or less, and

(c)is not listed in Schedule 25 or Schedule 26.

(2)The Secretary of State may by order amend any relevant enactment so as to—

(a)provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or

(b)increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence.

(3)An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(4)Subsection (5) applies to any summary offence which—

(a)is an offence under a relevant enactment, and

(b)is punishable with a maximum term of imprisonment of six months.

(5)The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly).

(6)Neither of the following—

(a)an order under subsection (2), or

(b)subsection (5),

affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be).

(7)In this section and section 282 “relevant enactment” means any enactment contained in—

(a)an Act passed before or in the same Session as this Act, or

(b)any subordinate legislation made before the passing of this Act.

(8)In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Modifications etc. (not altering text)

Valid from 14/07/2022

282Increase in maximum term that may be imposed on summary conviction of offence triable either wayE+W

(1)In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ”.

(2)Subsection (3) applies to any offence triable either way which—

(a)is an offence under a relevant enactment,

(b)is punishable with imprisonment on summary conviction, and

(c)is not listed in Schedule 1 to the Magistrates' Courts Act 1980.

(3)The maximum term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection 12 months (and the relevant enactment in question is to be read as if it had been amended accordingly).

(4)Nothing in this section affects the penalty for any offence committed before the commencement of this section.

Modifications etc. (not altering text)

C53S. 282(3) modified (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(4), 66(2)(c)

Valid from 14/07/2022

283Enabling powers: power to alter maximum penaltiesE+W

(1)The Secretary of State may by order, in accordance with subsection (2) or (3), amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—

(a)as regards a summary offence, liable on conviction to a term of imprisonment;

(b)as regards an offence triable either way, liable on summary conviction to a term of imprisonment.

(2)An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—

(a)restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or

(b)increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.

(3)An order made by virtue of paragraph (b) of that subsection may amend the relevant enactment in question so as to increase the maximum term of imprisonment to which a person may be made liable on summary conviction of an offence under the power to 12 months.

(4)Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.

(5)The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.

(6)An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(7)None of the following—

(a)an order under subsection (1), or

(b)Schedule 27,

affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).

(8)In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(9)In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.

284Increase in penalties for drug-related offencesE+W

(1)Schedule 28 (increase in penalties for certain drug-related offences) shall have effect.

(2)That Schedule does not affect the penalty for any offence committed before the commencement of that Schedule.

285Increase in penalties for certain driving-related offencesE+W

(1)In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “ fourteen years ”.

(2)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).

(3)In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.

(4)In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.

(5)Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).

(6)In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.

(7)In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.

(8)This section does not affect the penalty for any offence committed before the commencement of this section.

286Increase in penalties for offences under section 174 of Road Traffic Act 1988E+W+S

(1)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—

“(a) Summarily(a) 6 months or the statutory maximum or both
(b) On indictment(b) 2 years or a fine or both.”

(2)Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.

(3)This section does not apply in relation to any offence committed before the commencement of this section.

Firearms offencesU.K.

287Minimum sentence for certain firearms offencesU.K.

After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section—

“51AMinimum sentence for certain offences under s. 5

(1)This section applies where—

(a)an individual is convicted of—

(i)an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, or

(ii)an offence under section 5(1A)(a) of this Act, and

(b)the offence was committed after the commencement of this section and at a time when he was aged 16 or over.

(2)The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(3)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(4)In this section “appropriate custodial sentence (or order for detention)” means—

(a)in relation to England and Wales—

(i)in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and

(ii)in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b)in relation to Scotland—

(i)in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,

(ii)in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and

(iii)in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.

(5)In this section “the required minimum term” means—

(a)in relation to England and Wales—

(i)in the case of an offender who was aged 18 or over when he committed the offence, five years, and

(ii)in the case of an offender who was under 18 at that time, three years, and

(b)in relation to Scotland—

(i)in the case of an offender who was aged 21 or over when he committed the offence, five years, and

(ii)in the case of an offender who was aged under 21 at that time, three years.”

288Certain firearms offences to be triable only on indictmentU.K.

In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—

“Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)Possessing or distributing prohibited weapons or ammunition.On indictment10 years or a fine, or both.
Section 5(1)(b)Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc.

(a) Summary

(b) On indictment

6 months or a fine of the statutory maximum, or both.

10 years or a fine or both.

Section 5(1A)(a)Possessing or distributing firearm disguised as other object.On indictment10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)Possessing or distributing other prohibited weapons.

(a) Summary

(b) On indictment

6 months or a fine of the statutory maximum, or both.

10 years or a fine, or both.”

F441289Power to sentence young offender to detention in respect of certain firearms offences: England and WalesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

290Power to sentence young offender to detention in respect of certain firearms offences: ScotlandS

(1)The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2)In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “ except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968 it shall itself dispose of the case ”.

(3)In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—

“(2)Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968.”.

291Power by order to exclude application of minimum sentence to those under 18U.K.

(1)The Secretary of State may by order—

F442(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F443(aa)amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word 18,]

F444(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 by repealing the exception to that subsection,

(d)repeal section 208(2) of that Act, and

(e)make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d).

(2)The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.

Textual Amendments

F442S. 291(1)(a) repealed (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 29 (with ss. 413(4), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C54S. 291 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 130; S.I. 2012/1236, reg. 2

C55S. 291(1) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

292Sentencing for firearms offences in Northern IrelandN.I.

F445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

293Increase in penalty for offences relating to importation or exportation of certain firearmsU.K.

(1)The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

(2)In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted—

“(5A)In the case of—

(a)an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or

(c)any such offence committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981,

subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”

(3)In section 68 (offences in relation to exportation of prohibited or restricted goods) for subsection (4A) there is substituted—

“(4A)In the case of—

(a)an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or

(c)any such offence committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981,

subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”

(4)In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—

“(4A)In the case of—

(a)an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or

(c)any such offence committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981,

subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”

(5)This section does not affect the penalty for any offence committed before the commencement of this section.

Offenders transferred to mental hospitalE+W+N.I.

294Duration of directions under Mental Health Act 1983 in relation to offendersE+W+N.I.

(1)Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.

(2)In subsection (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.

(3)For subsections (2) and (3) there is substituted—

“(2)A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.

(3)In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—

(a)any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and

(b)any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.”.

295Access to Parole Board for certain patients serving prison sentencesE+W+N.I.

In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted—

“(5A)Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—

(a)the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and

(b)if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.”

296Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offendersN.I.

(1)Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.

(2)In paragraph (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.

(3)For paragraphs (2) and (3) there is substituted—

“(2)A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.

(3)In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.”

297Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patientsN.I.

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—

“(5A)Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—

(a)the fact that the restriction direction remains in force does not prevent—

(i)the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or

(ii)the making of any application by him to the Sentence Review Commissioners, and

(b)if—

(i)the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or

(ii)the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,

the restriction direction shall cease to have effect at the time at which he would become so entitled.”.

Prospective

Term of detention and training orderE+W

F446298Term of detention and training orderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disqualification from working with childrenE+W

299Disqualification from working with childrenE+W

Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect.

Fine defaultersE+W

300Power to impose unpaid work requirement [F447curfew requirement or attendance centre requirement] on fine defaulterE+W

(1)Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—

(a)has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b)would, but for [F448section 227 of the Sentencing Code] (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2)The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

(a)an unpaid work requirement (as defined by [F449paragraph 1 of Schedule 9 to the Sentencing Code]), or

(b)a curfew requirement (as defined by [F450paragraph 9 of that Schedule])[F451, or

(c)in a case where the person is aged under 25, an attendance centre requirement (as defined by [F452paragraph 27 of that Schedule])]

(3)In this Part “default order” means an order under subsection (2).

(4)[F453Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code] (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.

(5)Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

[F454(6)The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—

  • sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);

  • Schedule 9 (community orders and suspended sentence orders: requirements);

  • Schedule 10 (breach, revocation or amendment of community order);

  • Schedule 11 (transfer of community orders to Scotland or Northern Ireland).]

(7)Where a default order has been made for default in paying any sum—

(a)on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b)on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8)In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

Textual Amendments

Modifications etc. (not altering text)

C56S. 300 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173

Commencement Information

I31S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2

301Fine defaulters: driving disqualificationE+W

(1)Subsection (2) applies in any case where a magistrates' court—

(a)has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b)would, but for [F455section 227 of the Sentencing Code] (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2)The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

(3)Where an order has been made under subsection (2) for default in paying any sum—

(a)on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b)on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(4)In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.

(5)The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.

(6)A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—

(a)any such licence held by him F456...; or

(b)in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence F457....

(7)In this section—

  • “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;

  • F458...

Textual Amendments

Commencement Information

I32S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2

Chapter 9E+W+SSupplementary

302Execution of process between England and Wales and ScotlandE+W+S

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—

  • [F459section 256AC(1) or (3),

  • section 256C(1) or (3),]

  • F460...

  • F460...

  • F460...

  • F460...

  • [F461paragraph 8(1) or 10(5) of Schedule 19A,]

as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.

Textual Amendments

Modifications etc. (not altering text)

C57S. 302 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I33S. 302 wholly in force at 4.4.2005; s. 302 not in force at Royal Assent, see s. 336(3); s. 302 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 302 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 21 (subject to art. 2(2), Sch. 2)

303Sentencing: repealsE+W

The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—

(a)Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

(b)in the Crime (Sentences) Act 1997 (c. 43)—

(i)section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),

(ii)section 33 (transferred prisoners), and

(iii)sections 35 and 40 (fine defaulters),

(c)sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37) (sentencing guidelines), and

(d)in the Sentencing Act—

(i)Chapter 3 of Part 4 (community orders available only where offender 16 or over),

(ii)section 85 (sexual or violent offences: extension of custodial term for licence purposes),

(iii)sections 87 and 88 (remand in custody),

(iv)section 109 (life sentence for second serious offence), and

(v)Chapter 5 of Part 5 (suspended sentences).

Commencement Information

I34S. 303 partly in force; s. 303(b)(i)(ii) in force at 18.12.2003 see s. 336(2); s. 303(a)(c)(d) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 22 (subject to art. 2(2), Sch. 2)

304Amendments relating to sentencingE+W

Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.

Commencement Information

I35S. 304 partly in force; s. 304 in force for certain purposes at 18.12.2003, see s. 336(2); s. 304 in force for certain purposes at 22.1.2004 by S.I. 2004/81, art. 3; s. 304 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 304 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 23 (subject to art. 2(2), Sch. 2)

305Interpretation of Part 12E+W

(1)In this Part, except where the contrary intention appears—

  • F462...

  • F463...

  • F462...

  • F462...

  • F462...

  • “associated”, in relation to offences, is to be read in accordance with [F464section 400 of the Sentencing Code];

  • “attendance centre” has the meaning given by section 221(2);

  • F462...

  • “community order” has the meaning given by [F465section 200 of the Sentencing Code];

  • F462...

  • F462...

  • “court” (without more), except in Chapter 7, does not include a service court[F466, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;]

  • “curfew requirement”, in relation to a community order, F467... or suspended sentence order, has the meaning given by [F468paragraph 9(1) of Schedule 9 to the Sentencing Code];

  • “custodial sentence” has the meaning given by [F469section 222 of the Sentencing Code];

  • F470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “default order” has the meaning given by section 300(3);

  • F462...

  • F462...

  • F462...

  • F462...

  • F462...

  • F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “licence” means a licence under Chapter 6;

  • F462...

  • F462...

  • [F472“ the PCC(S)A 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000;]

  • F462...

  • F462...

  • F462...

  • F462...

  • F462...

  • F462...

  • “sentence of imprisonment” does not include a committal—

    (a)

    in default of payment of any sum of money,

    (b)

    for want of sufficient distress to satisfy any sum of money, or

    (c)

    for failure to do or abstain from doing anything required to be done or left undone ,

    and references to sentencing an offender to imprisonment are to be read accordingly;

  • “the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

  • [F473“service court” means—

    (a)

    the Court Martial;

    (b)

    the Summary Appeal Court;

    (c)

    the Service Civilian Court;

    (d)

    the Court Martial Appeal Court; or

    (e)

    the Supreme Court on an appeal brought from the Court Martial Appeal Court;]

  • F463...

  • “suspended sentence” and “suspended sentence order” have the meaning given by [F474section 286 of the Sentencing Code];

  • F462...

  • “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

[F475(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).]

(2)For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.

(3)Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

F476(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462Words in s. 305(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F464Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F465Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F466S. 305(1): words in definition of "court" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F468Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(5) (with Sch. 27); S.I. 2020/1236, reg. 2

F469Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(6) (with Sch. 27); S.I. 2020/1236, reg. 2

F472Words in s. 305(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(8) (with Sch. 27); S.I. 2020/1236, reg. 2

F473S. 305(1): definition of "service court" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for definitions of "service court" and "service disciplinary proceedings" by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F474Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(7) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C58S. 305 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I36S. 305 wholly in force at 4.4.2005; s. 305 not in force at Royal Assent, see s. 336(3); s. 305(1)-(3) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 305 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 24 (subject to art. 2(2), Sch. 2)

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