THIRD GROUP OF PARTS U.K. Disposals

PART 10 U.K. Custodial sentences

CHAPTER 1 E+W Custody: general provisions

General limits on powers to impose custodial sentences E+W

225 Restriction on consecutive sentences for released prisoners E+W

(1) A court sentencing a person to a relevant custodial term may not order or direct that the term is to commence on the expiry of any current custodial sentence from which the offender has been released under—

(a) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall), or

(b) Part 2 of the Criminal Justice Act 1991 (early release of prisoners).

(2) In this section “relevant custodial term” means a term of—

(a) detention under Chapter 2 of this Part,

(b) detention in a young offender institution (under this Code), or

(c) imprisonment.

(3) In this section, “current custodial sentence” means a sentence that has not yet expired which is—

(a) a sentence of imprisonment,

(b) a sentence of detention in a young offender institution, or

(c) a sentence of detention imposed under any of the following—

(i) section 250,

[F1 (ia) section 252A,]

(ii) section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),

(iii) section 226B or 228 of the Criminal Justice Act 2003 (including one passed as a result of section 221A or 222 of the Armed Forces Act 2006),

(iv) section 91 of the Powers of Criminal Courts (Sentencing) Act 2000,

(v) section 53(3) of the Children and Young Persons Act 1933,

(vi) section 209 of the Armed Forces Act 2006, or

(vii) section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957.

Textual Amendments

F1 S. 225(3)(c)(ia) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(8)

Commencement Information

I1 S. 225 in force at 1.12.2020 by S.I. 2020/1236, reg. 2