- Latest available (Revised)
- Point in Time (01/08/2022)
- Original (As enacted)
Point in time view as at 01/08/2022.
Police, Crime, Sentencing and Courts Act 2022, Section 144 is up to date with all changes known to be in force on or before 09 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In the Crime (Sentences) Act 1997—
(a)in section 28(7) (time of Parole Board referral), omit paragraph (c) (and the “and” immediately before it);
(b)before section 34 insert—
(1)This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender.
(2)Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner.
(3)Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to—
(a)refer the prisoner’s case to the Board, or
(b)release the prisoner.
(4)Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3).
(5)The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require.
(6)In this section “the fixed-term provisions” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.”;
(c)in section 34 (interpretation), omit subsection (4).
(2)The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (11).
(3)In section 243A(3) (requisite custodial period before release in short sentence), for “264(2)” substitute “264(2B) or (2E)”.
(4)In section 244(3)(d) (usual requisite custodial period before release), for “264(2)” substitute “264(2B) or (2E)”.
(5)In section 244A(6) (periods before release or referral in sentences for offenders of particular concern), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2D)”.
(6)In section 246A(8) (periods before release or referral in extended sentences), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B), (2D) or (2E)”.
(7)In section 247(7) (periods before release in old extended sentences), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B) or (2E)”.
(8)In section 247A(8) (release of terrorist prisoners: definitions), in paragraph (c) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B), (2D) or (2E)”.
(9)In section 263 (release in case of concurrent sentences), in subsection (2), after paragraph (a) insert—
“(aza)nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—
(i)to refer the offender’s case to the Board, or
(ii)to release the offender,
in respect of each of the others,”.
(10)In section 264 (release in case of consecutive sentences)—
(a)for subsection (2) substitute—
“(2A)Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.
(2B)Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.
(2C)Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.
(2D)Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.
(2E)Nothing in this Chapter requires the Secretary of State to release the offender until—
(a)the Board has directed the release of the offender, or
(b)the offender has served a period equal to the aggregate length of—
(i)the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and
(ii)the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.
(2F)For the purposes of subsections (2A) to (2E)—
(a)a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—
(i)section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or
(ii)section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;
(b)a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—
(i)section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or
(ii)a notice under section 244ZB(4) is in force.”;
(b)in subsections (6) and (6A), in the words before paragraph (a), before “custodial” insert “minimum”;
(c)after subsection (6A) insert—
“(6B)In this section “maximum custodial period” means—
(a)in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;
(b)in relation to any other sentence, the term of the sentence.”
(11)After section 267B insert—
(1)This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.
(2)Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.
(3)Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—
(a)refer the prisoner’s case to the Board, or
(b)release the prisoner.
(4)The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.
(5)The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require.
(6)In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.”
(12)In section 11 of the Criminal Justice and Courts Act 2015 (release on licence of life prisoners), omit subsections (1) and (4).
Commencement Information
I1S. 144 in force at 28.6.2022, see s. 208(5)(p)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: