C2C6Part 12Sentencing
Pt. 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)
C1C3C5C4C7Chapter 6F4 Release, licencesF7, supervision and recall
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
Word 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)
Pt. 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)
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 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
Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
Persons liable to removal from the United Kingdom
I1259Persons liable to removal from the United Kingdom
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).
259AF3Persons eligible for removal from the United Kingdom
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.
I2260Early removal of prisoners liable to removal from United Kingdom
F111
Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter).
2
The minimum pre-removal custodial period is the longer of—
a
one half of the requisite custodial period, and
b
the requisite custodial period less F18545 days.
F92C
F16Subsection (1) does do not apply in relation to a prisoner to whom section 247A applies.
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F13b
so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.
F124A
Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included—
a
when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or
b
when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence).
4B
Where—
a
before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and
b
the person is removed from the United Kingdom before the Board has disposed of the reference,
the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).
F155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Secretary of State may by order—
F14a
amend the fraction for the time being specified in subsection (2)(a);
b
amend the time period for the time being specified in subsection (2)(b).
F87
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58
Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.
F109
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.
261F17Removal under section 260 and subsequent return to UK: effect on sentence
Where a person—
a
has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force,
b
has been removed from the United Kingdom following that removal from prison, and
c
returns to the United Kingdom,
this Chapter applies to the person with the modifications set out in Schedule 19B.
F6262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 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