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Criminal Justice Act 2003
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Criminal Justice Act 2003, Section 244 is up to date with all changes known to be in force on or before 24 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.
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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, 244A][F3, 246A]][F4, 247 or 247A] applies, has served the requisite custodial period [F5for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.
[F6(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F7or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]
F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F9For the purposes of this section] “the requisite custodial period” means—
(a)[F10in relation to a prisoner serving one sentence], one-half of his sentence,
F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)in relation to a person serving two or more concurrent or consecutive sentences F12... , the period determined under sections 263(2) and 264(2).
[F13(4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]
Textual Amendments
F1Words in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 6(2)(a); S.I. 2012/2906, art. 2(l)
F2Word in s. 244(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 72
F3Word in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 125(2), 151(1); S.I. 2012/2906, art. 2(e)
F4Words in s. 244(1) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 2(3), 10(4)
F5Words in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 6(2)(b); S.I. 2012/2906, art. 2(l)
F6S. 244(1A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F7Words in s. 244(1A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(2), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)
F8S. 244(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(2); S.I. 2012/2906, art. 2(h)
F9Words in s. 244(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 6(3)(a); S.I. 2012/2906, art. 2(l)
F10Words in s. 244(3)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 18 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F11S. 244(3)(b)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(3)(a); S.I. 2012/2906, art. 2(h); S.I. 2012/2906, art. 2(h)
F12Words in s. 244(3)(d) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(3)(b); S.I. 2012/2906, art. 2(h)
F13S. 244(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 2; S.I. 2012/2906, art. 2(o)
Modifications etc. (not altering text)
C1S. 244(3)(a) modified (1.4.2020) by The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158), arts. 1, 3 (with art. 5)
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)
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