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Criminal Justice Act 2003
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Version Superseded: 28/04/2022
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246Power to release prisoners on licence before required to do soE+W
This section has no associated Explanatory Notes
(1)Subject to subsections (2) to (4), the Secretary of State may—
(a)release on licence under this section a fixed-term prisonerF1... at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period, F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subsection (1)(a) does not apply in relation to a prisoner unless—
(a)the length of the requisite custodial period is at least 6 weeks, [F3and
(b)he has served—
(i)at least 4 weeks of that period, and
(ii)at least one-half of that period.]
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subsection (1) does not apply where—
(a)the sentence is imposed under section [F5226A,] 227[F6, 228 or 236A] [F7or under section 265, 266, 278 or 279 of the Sentencing Code],
[F8(aa)the sentence is for a term of 4 years or more,]
[F9(ab)the prisoner is one to whom section 247A applies,]
(b)the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),
(c)the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),
(d)the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 [F10, or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code,] in a case where the prisoner has failed to comply with a curfew requirement of a community order,
(e)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),
(f)the prisoner is liable to removal from the United Kingdom,
(g)the prisoner has been released on licence under this section [F11at any time], and has been recalled to prison under section 255(1)(a) [F12(and the revocation has not been cancelled under section 255(3))],
[F13(ga)the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);]
(h)the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, F14...
[F15(ha)the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of [F16the PCC(S)A 2000], or]
(i)in the case of a prisoner [F17to whom section 240ZA applies or a direction under section 240A [F18or under section 325 of the Sentencing Code] relates], the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days F19... .
[F20(4ZA)Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—
(a)if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;
(b)if the terms are to be served consecutively, a reference to the aggregate of the terms.]
[F21(4A)In subsection (4)—
(a)the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and
(b)the reference in paragraph (i) to [F22section 240ZA includes] section 246 of that Act.]
(5)The Secretary of State may by order—
(a)amend the number of days for the time being specified in subsection (1)(a) F23... or (4)(i),
(b)amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and
(c)amend the fraction for the time being specified in subsection (2)(b)(ii) F24... .
(6)In this section—
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the requisite custodial period” in relation to a person serving any sentence F26... , has the meaning given by [F27paragraph (a) or (b) of section 243A(3) or (as the case may be)] paragraph (a)F26... or (d) of section 244(3);
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F29“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of [F30the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code] or under section [F31226A, 226B,] 227[F32, 228 or 236A] of this Act.]
Textual Amendments
F1Words in s. 246(1)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(2)(a); S.I. 2012/2906, art. 2(h)
F2S. 246(1)(b) and preceding word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(2)(b); S.I. 2012/2906, art. 2(h)
F3S. 246(2)(b) and word substituted (14.7.2008) for s. 246(2)(b) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 24, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 11
F4S. 246(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(3); S.I. 2012/2906, art. 2(h)
F5Words in s. 246(4)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 5(2); S.I. 2012/2906, art. 2(r)
F6Words in s. 246(4)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 7(2); S.I. 2015/778, art. 3, Sch. 1 para. 72
F7Words in s. 246(4)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F8S. 246(4)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F9S. 246(4)(ab) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 2(5), 10(4)
F10Words in s. 246(4)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F11Words in s. 246(4)(g) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(3)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F12Words in s. 246(4)(g) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(3)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F13S. 246(4)(ga) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(4), 95(1) (with s. 15(10)); S.I. 2015/778, art. 3, Sch. 1 para. 11
F14Word in s. 246(4)(h) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(4), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F15S. 246(4)(ha) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(4), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F16Words in s. 246(4)(ha) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F17Words in s. 246(4)(i) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(9)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F18Words in s. 246(4)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(d) (with Sch. 27); S.I. 2020/1236, reg. 2
F19Words in s. 246(4)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(4); S.I. 2012/2906, art. 2(h)
F20S. 246(4ZA) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F21S. 246(4A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 221; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F22Words in s. 246(4A)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(9)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F23Words in s. 246(5)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(5)(a); S.I. 2012/2906, art. 2(h)
F24Words in s. 246(5)(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. 23(5)(b); S.I. 2012/2906, art. 2(h)
F25Words in s. 246(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(6)(a); S.I. 2012/2906, art. 2(h)
F26Words in s. 246(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(6)(b); S.I. 2012/2906, art. 2(h)
F27Words in s. 246(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 7; S.I. 2012/2906, art. 2(l)
F28Words in s. 246(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(6)(c); S.I. 2012/2906, art. 2(h)
F29Words in s. 246(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F30Words in s. 246(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F31Words in s. 246(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 5(3); S.I. 2012/2906, art. 2(r)
F32Words in s. 246(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 7(3); S.I. 2015/778, art. 3, Sch. 1 para. 72
Modifications etc. (not altering text)
C1Pt. 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
C2Pt. 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
C3S. 246 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 237(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1S. 246 wholly in force at 4.4.2005; s. 246 not in force at Royal Assent, see s. 336(3); s. 246(1)(b)(3)(4)(b)-(i)(5)(6) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 246(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 246 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)
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