Statutory Instruments
2024 No. 755 (C. 48)
CRIMINAL LAW, ENGLAND AND WALES
The Victims and Prisoners Act 2024 (Commencement) Regulations 2024
Made
13th June 2024
The Secretary of State makes these Regulations in exercise of the power conferred by section 81(2) of the Victims and Prisoners Act 2024(1).
Citation and extent
1.—(1) These Regulations may be cited as the Victims and Prisoners Act 2024 (Commencement) Regulations 2024.
(2) These Regulations extend to England and Wales.
Commencement of section 68
2. Section 68 (extension of home detention curfew) of the Victims and Prisoners Act 2024 comes into force on 17th June 2024.
Alex Chalk
Secretary of State
13th June 2024
Ministry of Justice
Explanatory Note
(This note is not part of the Regulations)
These Regulations bring into force section 68 of the Victims and Prisoners Act 2024 (c. 21), which amends section 246 of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”).
The Secretary of State is required to release prisoners serving fixed-term sentences once they have served the requisite custodial period, which is set at one half of their sentence by sections 243A(3) and 244(3) of the 2003 Act.
Section 246 of the 2003 Act gives the Secretary of State the power to release certain prisoners on Home Detention Curfew, which is a release on licence where they are subject to an electronically monitored curfew in the community up to 180 days before they have served the requisite custodial period. Section 68 of the Victims and Prisoners Act 2024 extends eligibility for release under section 246 by removing the restrictions on those serving sentences over four years (except those subject to the release provisions in section 244ZA and Schedule 20B of the 2003 Act), those who have been recalled for a breach of curfew conditions and those returned to custody under section 40 of the Criminal Justice Act 1991 (c. 53) or section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
An impact assessment has not been produced for this statutory instrument as no significant impact on the private, voluntary or public sectors is foreseen.