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Criminal Justice Act 2003
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Changes over time for: Section 264
Version Superseded: 01/02/2015
Alternative versions:
- 26/01/2004- Amendment
- 31/03/2005- Amendment
- 14/07/2008- Amendment
- 03/12/2012- Amendment
- 03/12/2012
Point in time - 01/02/2015- Amendment
- 13/04/2015- Amendment
- 26/02/2020- Amendment
- 01/04/2020- Amendment
- 01/12/2020- Amendment
- 30/04/2021- Amendment
- 29/06/2021- Amendment
- 28/06/2022- Amendment
- 10/09/2024- Amendment
- 22/10/2024- Amendment
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Point in time view as at 03/12/2012. This version of this provision has been superseded.
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Criminal Justice Act 2003, Section 264 is up to date with all changes known to be in force on or before 20 December 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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264Consecutive termsE+W
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and
(b)the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, F1...
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Nothing in this Chapter requires the Secretary of State to release the offender F2... until he has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the terms of imprisonment.
(3)Where [F3the aggregate length of the terms of imprisonment is 12 months or more], the offender is, on and after his release under this Chapter, to be on licence—
(a)until he would, but for his release, have served a term equal in length to the aggregate length of the terms of imprisonment, and
(b)subject to such conditions as are required by this Chapter in respect of each of those terms of imprisonment.
[F4(3A)Where the aggregate length of the terms of imprisonment is less than 12 months, the offender's release under this Chapter is to be unconditional.]
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section—
(a)“custodial period”—
[F6(zi)in relation to an extended sentence imposed under section 226A or 226B, means two-thirds of the appropriate custodial term determined by the court under that section,]
(i)in relation to an extended sentence imposed under section 227 or 228, means [F7one-half of] the appropriate custodial term determined under that section,
(ii)in relation to [F8any other sentence] , means one-half of [F9the sentence], F10...
F10(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)This section applies to a determinate sentence of detention under section 91 [F12or 96] of the Sentencing Act or under section [F13226A, 226B,] [F14227 or] 228 of this Act as it applies to a term of imprisonment F15... .
[F16(8)This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).]
Textual Amendments
F1S. 264(1)(c) 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. 32(2); S.I. 2012/2906, art. 2(h)
F2Words in s. 264(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(a); S.I. 2012/2906, art. 2(l)
F3Words in s. 264(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(b); S.I. 2012/2906, art. 2(l)
F4S. 264(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(c); S.I. 2012/2906, art. 2(l)
F5S. 264(4)(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(d); S.I. 2012/2906, art. 2(l)
F6S. 264(6)(a)(zi) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 12(2); S.I. 2012/2906, art. 2(r)
F7Words in s. 264(6)(a)(i) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 71; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a) (subject to art. 2(3), Sch. 2 para. 2)
F8Words in s. 264(6)(a)(ii) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(e)(i); S.I. 2012/2906, art. 2(l)
F9Words in s. 264(6)(a)(ii) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(e)(ii); S.I. 2012/2906, art. 2(l)
F10S. 264(6)(a)(iii) 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. 32(3)(a); S.I. 2012/2906, art. 2(h)
F11S. 264(6)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 32(3)(b); S.I. 2012/2906, art. 2(h)
F12Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(8)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F13Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 12(3); S.I. 2012/2906, art. 2(r)
F14Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(8)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F15Words in s. 264(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(f); S.I. 2012/2906, art. 2(l)
F16S. 264(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 8; S.I. 2012/2906, art. 2(o)
Commencement Information
I1S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) 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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