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Criminal Justice Act 2003
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Changes over time for: Section 238
Version Superseded: 01/12/2020
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- 04/04/2005- Amendment
- 03/12/2012- Amendment
- 01/02/2015
Point in time - 01/12/2020- Amendment
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238Power of court to recommend licence conditions for certain prisonersE+W
This section has no associated Explanatory Notes
(1)A court which sentences an offender to a term of imprisonment of twelve months or more in respect of any offence may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under this Chapter on his release from prison.
(2)In exercising his powers under section 250(4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under subsection (1).
(3)A recommendation under subsection (1) is not to be treated for any purpose as part of the sentence passed on the offender.
(4)This section does not apply in relation to a sentence of detention under section 91 of the Sentencing Act or section [F1226B] of this Act.
Textual Amendments
F1Word in s. 238(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 3; S.I. 2012/2906, art. 2(r)
Modifications etc. (not altering text)
C1S. 238(1) modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 262, 383 (with s. 271(1)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1S. 238 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)
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