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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)))

Chapter 6E+W [F1 Release, licences[F2, supervision] and recall ]

Textual Amendments

F2Word 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)

C3Pt. 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)

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

I1S. 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

[F3259APersons 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)[F4subsection (2)], 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 [F5270] days ending with the day on which the prisoner will have served the requisite custodial period.

[F6(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.]

[F7(2A)If a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B [F8or a sentence under section 236A] —

(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 [F9this Chapter].]

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(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 [F12243A,] 244[F13, 244A][F14, 246A][F15, 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) F16... ,

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)amend the fraction for the time being specified in [F18subsection (2)].

F19(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(8)Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.]

Textual Amendments

F4Words in s. 260(1) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(4)(a), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)

F5Word 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

F18Words 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

I2S. 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, [F21—

F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F23...] [F24section 243A[F25, 244[F26, 244A][F27, 246A or 247]] (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—

Textual Amendments

F23Words 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

F28Words in s. 261(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(c), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10

Commencement Information

I3S. 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)

F31262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991E+W

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

Textual Amendments