Criminal Justice Act 2003

244Duty to release prisonersE+W
This section has no associated Explanatory Notes

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F1243A[F2, 246A] or] 247 applies, has served the requisite custodial period [F3for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.

[F4(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F6For the purposes of this section]the requisite custodial period” means—

(a)in relation to a person serving a sentence of imprisonment for a term of twelve months or more or [F7a] determinate sentence of detention under section 91 [F8or 96] of the Sentencing Act [F9for such a term], one-half of his sentence,

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to a person serving two or more concurrent or consecutive sentences F11... , the period determined under sections 263(2) and 264(2).

[F12(4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]

Textual Amendments

Commencement Information

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