Criminal Justice Act 2003

[^M_I_ffd39a3b-2217-43f1-cb94-a77a268e214b]: Sch. 3 para. 4 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

[^key-0fe081c31b9d0ebd0775e8c38daac35e]: S. 237A: power to amend conferred (3.4.2025) by 2012 c.10, s. 128(3)(aaza) (as inserted by Victims and Prisoners Act 2024 (c. 21), ss. 60(2)(b), 81(2); S.I. 2025/441, reg. 2(a))

[^key-a3ae31e49e49c17bafcd4ab958e8239f]: Sch. 18B inserted (3.4.2025) by Victims and Prisoners Act 2024 (c. 21), s. 81(2), Sch. 2; S.I. 2025/441, reg. 2(b)

[^key-ba115d9f231630c68b00e830a0bed1cc]: Word in s. 246(1)(a) substituted (3.6.2025) by The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), arts. 1(2), 2

[^key-07f1e005e895c32e02f02ba807eefbd6]: Sch. 19AA inserted (E.W.) (2.9.2025 with application in accordance with art. 1(3) and with effect in accordance with art. 2(2)-(4) of the amending S.I.) by The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833), arts. 1(3), 2(1), Sch.

[^key-34a61ad290a1013acaee23284c6684f6]: S. 255A(4ZA) inserted (2.9.2025 with application in accordance with art. 1(3) and with effect in accordance with art. 2(2)-(4) of the amending S.I.) by The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833), arts. 1(3), 2(1), 3(4)

[^key-4b4f12d7e9acd29163f3ece2ea3daec5]: S. 255A(4)(a) substituted (2.9.2025 with application in accordance with art. 1(3) and with effect in accordance with art. 2(2)-(4) of the amending S.I.) by The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833), arts. 1(3), 2(1), 3(3)

[^key-207f419661f81719bd4895c5c3146849]: S. 255A(4A) omitted (2.9.2025 with application in accordance with art. 1(3) and with effect in accordance with art. 2(2)-(4) of the amending S.I.) by virtue of The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833), arts. 1(3), 2(1), 3(5)

[^key-b0e3a647e72bf5ee35f7b78859349182]: Words in s. 255B(10) substituted (2.9.2025 with application in accordance with art. 1(3) and with effect in accordance with art. 2(2)-(4) of the amending S.I.) by The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833), arts. 1(3), 2(1), 3(6)

[^key-14193aff001ec7ea90cea47cc2dfc084]: Word in s. 260(2)(a) substituted (23.9.2025) by The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 (S.I. 2025/1187), arts. 1(2), 2(a)

[^key-ca583f2f562d6e574b693efa399a9ed3]: Words in s. 260(2)(b) substituted (23.9.2025) by The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 (S.I. 2025/1187), arts. 1(2), 2(b)

[^key-fac7b55327d5e52792874c4b00691571]: Ss. 256AZBA-256AZBC and cross-heading inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 62(1), 81(2); S.I. 2025/1325, reg. 2(f)

[^key-d21bd7ba9f4e4961c04f71d275535810]: S. 250(5D) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 64(3), 81(2); S.I. 2025/1325, reg. 2(f)

[^key-771e984c0546b8687fe6e40e8a2042f0]: Words in s. 250(5A) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 64(2), 81(2); S.I. 2025/1325, reg. 2(f)

[^key-2402dd981f79883eecd8012e986b0f8b]: Words in s. 256AZC(1) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 62(2)(a), 81(2); S.I. 2025/1325, reg. 2(f)

[^key-ccf2c46b59509951b4f2a0a5820c573a]: Words in s. 256AZC(3) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 62(2)(b), 81(2); S.I. 2025/1325, reg. 2(f)

[^key-33486b7cc6c19aa7ea3b0c8013732ac2]: S. 255BA inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 32(2), 49(3)(c) (with s. 33(14))

[^key-615bfc18a621f84ba9527337a55703a0]: S. 244ZA(9)-(11) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 25(2), 49(3)(a) (with s. 25(3))

[^key-7c220b0bc5c6e4688bcc674d5447ef27]: S. 254(6A)(6B) inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 29(2), 49(3)(c)

[^key-78425ff5a62ef8a9a7811ff65d5221e7]: S. 255A substituted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 30(2), 49(3)(c) (with s. 33(14))

[^key-1ffb95f8af2bab3bc11d122e5df1e694]: Words in s. 330(5)(a) inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 29(3), 49(3)(c)

[^key-8b1aad94acd48ffb2fbe632180f478f4]: Words in s. 330(5)(a) inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 30(3), 49(3)(c) (with s. 33(14))

[^key-f3e9fa0ea39ef39763b465bdeda65807]: Words in s. 330(5)(a) inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 32(3), 49(3)(c) (with s. 33(14))

[^key-83f5fd2c5c8592c19c52d54d8e39963e]: S. 264 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(7) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

[^key-ad5ab4e10bb8406212c53772c4c02664]: S. 255C applied (22.3.2026) by 1984 c. 27, Sch. para. 2B(5) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

[^key-e85bf666aed00e84ad9f4fb18ba9b518]: S. 264B excluded (22.3.2026) by 1984 c. 27, Sch. para. 2B(8) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

[^key-33bb97727bc5bf7b7148782a3164013f]: Pt. 12 Ch. 6 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(3) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

[^key-ee282ba7335c6b827db47ca5768f3caa]: S. 256AZBA modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(6) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

[^key-147fa692f1308724acfe6e1f71b6a644]: Word in s. 244A(1) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(a)(i), 49(4)

[^key-2089e3b59029448edc4230e03715feee]: Word in s. 244A(6) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(a)(ii), 49(4)

[^key-f834b2726c9a5264dcd55702bb5bc3c5]: Word in s. 256AA(1)(ba) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(b), 49(4) (with s. 7(10))

[^key-d69dbfa3022b44c199d409649b951a5b]: S. 264(6)(caa) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(c), 49(4)

[^key-9d38ad097eaae672ef443e25b0d576da]: Word in s. 268(1A)(c) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(d), 49(4)

[^key-5a0eb2f7ebeaeb67e4dcbee80a41e4f0]: Words in Sch. 20B para. 4(5)(c) omitted (22.3.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 41(2), 49(4) (with s. 41(3)(4))

Introduction

Offences in connection with publication restrictions

Retrial

Offences in connection with reporting

Cases that may be retried

Interpretation of Part 10

Application of Part 10 to Northern Ireland

Urgent investigative steps

Bail and custody during and after hearing

Interpretation of Part 10

Application of Part 10 to Northern Ireland

Application of Part 10 to Northern Ireland

Duties of responsible officer

Crediting of periods of remand in custody: terms of imprisonment and detention

Powers to order statement as to offender’s financial circumstances

Consecutive terms

Life prisoners transferred to England and Wales

Further provisions about references relating to transferred life prisoners

Duty to release certain life prisoners

Duty to release certain life prisoners

Increase in maximum term that may be imposed on summary conviction of offence triable either way

Meaning of “relevant order” etc

Meaning of “relevant order” etc

Time remanded in custody to count as time served: terms of imprisonment and detention

Crediting of periods of remand in custody: terms of imprisonment and detention

Supervision after release of certain young offenders serving less than 12 months

Consecutive terms: intermittent custody

Sentencing for firearms offences in Northern Ireland

Duty to release certain life prisoners

Power by order to exclude application of minimum sentence to those under 18

Duration of directions under Mental Health Act 1983 in relation to offenders

Duty to release certain life prisoners

Sentencing: repeals

Sentencing: repeals

Interpretation of Part 12

Increase in penalties for drug-related offences

Power to sentence young offender to detention in respect of certain firearms offences: Scotland

Sentencing for firearms offences in Northern Ireland

Determination of minimum term in relation to mandatory life sentence

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Amendments relating to sentencing

Power to substitute conviction of alternative offence on appeal in England and Wales

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Substitution of conviction on different charge on appeal from court-martial

Reporting restrictions for preparatory hearings

Criminal record certificates: amendments of Part 5 of Police Act 1997

Extent

Section 325: interpretation

Extension of investigations by Criminal Cases Review Commission in England and Wales

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Offence of outraging public decency triable either way

Jury service

Channel Islands and Isle of Man

Extent

Awards of costs

Appeals following reference by Criminal Cases Review Commission

Power to substitute conviction of alternative offence on appeal in England and Wales

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Parenting orders and referral orders

Orders and rules

Person removed after Board had directed release but before being released

Limits on period of detention without charge

Taking non-intimate samples without consent

Amendments related to Part 1

Absconding by persons released on bail

Appeal by prosecution

Drug users: restriction on bail

Drug users: restriction on bail

Failure to comply with conditions

Assistance of National Probation Service

Application by defence for disclosure

Applications by prosecution for certain fraud cases to be conducted without a jury

Application by defence for disclosure

Application by prosecution for trial to be conducted without a jury where danger of jury tampering

Appeals

Further provision about trials without a jury

Application of Part 7 to Northern Ireland

Application to Court of Appeal

Restrictions on publication in the interests of justice

Restrictions on publication in the interests of justice

Effect on time limits in relation to preliminary stages

Offences in connection with reporting

Bail and custody before application

Bail and custody before hearing

Bail and custody before application

Armed Forces: Part 10

Application of Part 10 to Northern Ireland

Community order or youth rehabilitation order for persistent offender previously fined

Crediting of periods of remand in custody: terms of imprisonment and detention

Interpretation of sections 240ZA, 240A and 241

Licence conditions on re-release of prisoner serving sentence of less than 12 months

Minimum sentence for certain firearms offences

Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

Duty to release certain life prisoners

Meaning of “specified offence” etc.

Preparatory hearings to deal with severance and joinder of charges

Reporting restrictions for preparatory hearings

Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

Duration of directions under Mental Health Act 1983 in relation to offenders

Extension of investigations by Criminal Cases Review Commission in England and Wales

Appeals following reference by Criminal Cases Review Commission

Jury service

Appeals against sentences in England and Wales

Review of arrangements

Extension of investigations by Criminal Cases Review Commission in England and Wales

Extension of investigations by Criminal Cases Review Commission in England and Wales

Appeals following reference by Criminal Cases Review Commission

Appeals against sentences in England and Wales

Individual support orders

Channel Islands and Isle of Man

Extent

Civil proceedings for trespass to the person brought by offender

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Attempted murder

Crediting of periods of remand in custody: terms of imprisonment and detention

Power to sentence young offender to detention in respect of certain firearms offences: Scotland

Enforcement of regulations implementing EU legislation on endangered species

Non-appearance of defendant: plea of guilty

Reporting restrictions for preparatory hearings

Limit on period of detention without charge of suspected terrorists

Limit on period of detention without charge of suspected terrorists

Appeals following reference by Criminal Cases Review Commission

Offence of outraging public decency triable either way

Extent

Extension of investigations by Criminal Cases Review Commission in England and Wales

Extension of investigations by Criminal Cases Review Commission in England and Wales

Jury service

Substitution of conviction on different charge on appeal from court-martial

Civil proceedings for trespass to the person brought by offender

Criminal record certificates: amendments of Part 5 of Police Act 1997

Jury service

Jury service

Offences under the law of England and Wales and Northern Ireland

Attempted murder

Awards of costs

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Individual support orders

Section 325: interpretation

Channel Islands and Isle of Man

Civil proceedings for trespass to the person brought by offender

Channel Islands and Isle of Man

Murder

Murder

Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients

Review of arrangements

Substitution of conviction on different charge on appeal from court-martial

Offence of outraging public decency triable either way

Section 325: interpretation

Civil proceedings for trespass to the person brought by offender

Review of arrangements

Criminal record certificates: amendments of Part 5 of Police Act 1997

Civil proceedings for trespass to the person brought by offender

Murder

Rape

Power of court to recommend licence conditions for certain prisoners

Interpretation of sections 240ZA, 240A and 241

Supervision after end of sentence of prisoners serving less than 2 years

Concurrent terms

Sentencing for firearms offences in Northern Ireland

Preparatory hearings to deal with severance and joinder of charges

Duration of directions under Mental Health Act 1983 in relation to offenders

Non-appearance of defendant: plea of guilty

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Individual support orders

Jury service

Channel Islands and Isle of Man

Criminal record certificates: amendments of Part 5 of Police Act 1997

Substitution of conviction on different charge on appeal from court-martial

Individual support orders

Review of arrangements

Attempted rape

Application to Court of Appeal

Retrial

Effect on time limits in relation to preliminary stages

Bail and custody before application

Bail and custody before hearing

Interpretation of Chapter 1

Meaning of “relevant order” etc

Relevant provisions of this Chapter and corresponding purposes

4A

An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

33A

An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

Preparatory hearings for serious offences not involving fraud

Preparatory hearings for serious offences not involving fraud

Awards of costs

Offence of outraging public decency triable either way

Jury service

Criminal record certificates: amendments of Part 5 of Police Act 1997

Rape

Extended sentence prisoners

Offence of outraging public decency triable either way

Appeals against sentences in England and Wales

Extent

Rape

35A

An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.

36A

An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.

38A

An offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008.

38B

An offence under Article 8 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the activity caused involved penetration within paragraph (4)(a) to (d) of that Article.

38C

An offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.

38D

An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.

38E

An offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008.

38F

An offence under Article 15 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused.

38G

An offence under Article 43 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the touching involved penetration within paragraph (3)(a) to (d) of that Article.

38H

An offence under Article 44 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused.

Community orders

Enabling powers: power to alter maximum penalties

Term of detention and training order

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Substitution of conviction on different charge on appeal from court-martial

Increase in penalties for offences under section 174 of Road Traffic Act 1988

Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders

Sentencing for firearms offences in Northern Ireland

Awards of costs

Limit on period of detention without charge of suspected terrorists

Term of detention and training order

Limit on period of detention without charge of suspected terrorists

Further review

Sentencing: repeals

Awards of costs

Extension of investigations by Criminal Cases Review Commission in England and Wales

Appeals following reference by Criminal Cases Review Commission

Orders: Northern Ireland

Power to sentence young offender to detention in respect of certain firearms offences: Scotland

Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders

Extension of investigations by Criminal Cases Review Commission in England and Wales

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Appeals following reference by Criminal Cases Review Commission

Power to substitute conviction of alternative offence on appeal in England and Wales

Limit on period of detention without charge of suspected terrorists

Enforcement of regulations implementing EU legislation on endangered species

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Extent

Appeals against sentences in England and Wales

Parenting orders and referral orders

Criminal record certificates: amendments of Part 5 of Police Act 1997

Orders and rules

Extent

Section 325: interpretation

Civil proceedings for trespass to the person brought by offender

Orders: Northern Ireland

Channel Islands and Isle of Man

Enforcement of regulations implementing EU legislation on endangered species

Power to substitute conviction of alternative offence on appeal in England and Wales

Substitution of conviction on different charge on appeal from court-martial

Appeals against sentences in England and Wales

Jury service

Parenting orders and referral orders

Review of arrangements

Criminal record certificates: amendments of Part 5 of Police Act 1997

Orders and rules

Extent

Extension of powers to stop and search

Warrants to enter and search

Drug testing for under-eighteens

Taking non-intimate samples without consent

Codes of practice

Appeals to High Court

Supplementary amendments to the Bail Act 1976

Interpretation of Part 2

Assistance of National Probation Service

Assistance of National Probation Service

Further provision about written charges

Notification of intention to call defence witnesses

Application by prosecution for trial to be conducted without a jury where danger of jury tampering

Further provision about trials without a jury

Effect of, and rescission of, direction

Further provision about the effect of live-link directions

Introduction

Costs

Effect on time limits in relation to preliminary stages

Effect on time limits in relation to preliminary stages

Offences in connection with reporting

Interpretation of Part 9

Application of Criminal Appeal Acts to proceedings under Part 10

Application of Criminal Appeal Acts to proceedings under Part 10

Abolition of common law rules

“Evidence to correct a false impression”

Court’s duty to give reasons for rulings

Admissibility of hearsay evidence

Business and other documents

Expert evidence: preparatory work.

Confessions

Depositions

Proof of statements in documents

Purposes etc. of sentencing: offenders under 18

Meaning of “community sentence” etc.

Community sentence not available where sentence fixed by law etc.

Additional requirements in case of mentally disordered offender

206A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

Life sentences

224A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extended sentences

226A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

232A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

240ZA

• (1) This section applies where—

• (a) an offender is serving a term of imprisonment in respect of an offence, and

• (b) the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.

• (1A) This section also applies where—

• (a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

• (b) the offender concerned has been remanded in custody in connection with the offence or a related offence.

• (1B) In this section any reference to a “sentence”, in relation to an offender, is to—

• (a) a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or

• (b) a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).

• (2) It is immaterial for the purposes of subsection (1)(b) or (1A)(b) whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).

• (3) The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.

But this is subject to subsections (4) to (6).

• (4) If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

• (5) A day counts as time served—

• (a) in relation to only one sentence, and

• (b) only once in relation to that sentence.

• (6) A day is not to count as time served as part of any automatic release period served by the offender (see section 255B(1)).

• (6A) Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.

• (7) For the purposes of this section a suspended sentence—

• (a) is to be treated as a sentence of imprisonment when it takes effect under paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code, and

• (b) is to be treated as being imposed by the order under which it takes effect.

• (8) In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

• (8A) Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—

• (a) the sentences were imposed on the same occasion, or

• (b) where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.

• (9) For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.

• (10) The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—

• (a) detention pursuant to any custodial sentence;

• (b) committal in default of payment of any sum of money;

• (c) committal for want of sufficient distress to satisfy any sum of money;

• (d) committal for failure to do or abstain from doing anything required to be done or left undone.

• (11) This section applies to a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227, 228 or 236A of this Act as it applies to an equivalent sentence of imprisonment.

Unconditional release

243A

• (1) This section applies to a fixed-term prisoner if—

• (a) the prisoner is serving a sentence which is for a term of 1 day, or

• (b) the prisoner—

• (i) is serving a sentence which is for a term of less than 12 months, and

• (ii) is aged under 18 on the last day of the requisite custodial period.

• (1A) This section also applies to a fixed-term prisoner if—

• (a) the prisoner is serving a sentence which is for a term of less than 12 months, and

• (b) the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.

• (1B) But this section does not apply to a prisoner to whom section 247A applies.

• (2) As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.

• (2A) Subsection (2) does not apply if—

• (a) the prisoner’s case has been referred to the Board under section 244ZB, or

• (b) a notice given to the prisoner under subsection (4) of that section is in force.

• (3) For the purposes of this section “the requisite custodial period” is—

• (a) in relation to a person serving one sentence, one-half of the sentence, and

• (b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).

• (4) This section is subject to—

• (a) section 256B (supervision of young offenders after release), and

• (b) paragraph 8 of Schedule 20B (transitional cases).

246A

• (1) This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , other than a prisoner to whom section 247A applies.

• (2) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section if—

• (a) the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

• (b) the appropriate custodial term is less than 10 years, and

• (c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.

• (3) In any other case, it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).

• (4) The Secretary of State must refer P's case to the Board—

• (a) as soon as P has served the requisite custodial period, and

• (b) where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

• (5) It is the duty of the Secretary of State to release P on licence under this section as soon as—

• (a) P has served the requisite custodial period, and

• (b) the Board has directed P's release under this section.

• (6) The Board must not give a direction under subsection (5) unless—

• (a) the Secretary of State has referred P's case to the Board, and

• (b) the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.

• (6A) Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P.

• (7) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).

• (8) For the purposes of this section—

• “appropriate custodial term” means the term determined as such by the court under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code (as appropriate);

• “the requisite custodial period” means—in relation to a person serving one sentence, two-thirds of the appropriate custodial term, andin relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B), (2D) or (2E).

Further release after recall

...

256B

• (1) This section applies where a person (“the offender”) is released under this Chapter if—

• (a) the person is, at the time of the release, serving a sentence of detention under section 250 of the Sentencing Code which is for a term of less than 12 months, and

• (b) the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).

• (1A) This section also applies where a person (“the offender”) is released under this Chapter if—

• (a) the person is, at the time of the release, serving a sentence of detention under section 250 or 262 of the Sentencing Code which is for a term of less than 12 months, and

• (b) the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.

• (1B) But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.

• (2) The offender is to be under the supervision of—

• (a) an officer of a provider of probation services,

• (b) a social worker of a local authority, or

• (c) ... a member of the youth offending team.

• (3) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.

• (4) Where the supervision is to be provided by—

• (a) a social worker of a local authority, or

• (b) a member of a youth offending team,

the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.

• (5) The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).

• (6) During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.

• (7) The requirements that may be specified in a notice under subsection (6) include—

• (a) requirements to submit to electronic monitoring of the offender's compliance with any other requirements specified in the notice;

• (b) requirements to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);

• (c) where the offender is aged 18 or over—

• (i) drug testing requirements (see section 256D);

• (ii) drug appointment requirements (see section 256E).

• (7A) Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

256C

• (1) Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—

• (a) issue a summons requiring the offender to appear at the place and time specified in the summons, or

• (b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

• (2) Any summons or warrant issued under this section must direct the offender to appear or be brought—

• (a) before a court acting for the local justice area in which the offender resides, or

• (b) if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.

• (3) Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.

• (4) If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—

• (a) order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or

• (b) order the offender to pay a fine not exceeding level 3 on the standard scale.

• (5) An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.

• (6) A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

• (7) An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).

• (8) In this section “court” means—

• (a) if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;

• (b) if the offender is under the age of 18 years at the date of release, a youth court.

267A

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.

267B

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.

Power to amend amounts of fines

11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of order

19A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend amount of fine

12A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Part

12B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15B

Part 1 — Offences under the law of England and Wales listed for the purposes of sections 224A(1), 224A(4), 226A and 246A

The following offences to the extent that they are offences under the law of England and Wales—

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Further offences under the law of England and Wales listed for the purposes of section 246A

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Offences under service law listed for the purposes of section 246A

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226A

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Interpretation

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20A

1

In this Schedule—

• “the 1991 Act” means the Criminal Justice Act 1991;

• “the commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.

2

Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section 121(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012).

3

• (1) Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence.

• (2) “Relevant period” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc).

4

• (1) Section 246(4) applies as if—

• (a) the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act;

• (b) the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and

• (e) in paragraph (i), the words from “in the case of” to “relates” were omitted.

• (2) Section 246(6) applies as if, in the definition of “term of imprisonment”, the reference to section 227 or 228 included a reference to section 85 of the Sentencing Act.

5

• (1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter.

• (2) In particular, the following provisions apply.

• (3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246.

• (4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248.

• (5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section).

• (6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section.

• (7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way.

• (8) Sub-paragraph (1) does not affect the duration of the licence.

6

• (1) Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254.

• (2) In particular, the following provisions apply.

• (3) If the Secretary of State has not referred the person's case to the Board under section 39(4) or 44A of the 1991 Act, the Secretary of State must refer the case under section 255C(4).

• (4) If the Secretary of State has referred the person's case to the Board under section 39(4) or 44A of the 1991 Act, that reference is to be treated as if it had been made under section 255C(4).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If the person is released on licence, the duration of that licence is determined in accordance with section 249 (subject to paragraphs 17, 19 and 26 of Schedule 20B).

7

Rules made by virtue of section 42 of the 1991 Act have effect as if made by virtue of section 257.

8

• (1) A person removed from prison under section 46A of the 1991 Act before the commencement date is to be treated as having been removed from prison under section 260.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

An order made under section 47 of the 1991 Act is to have effect as if it were an order made under section 243.

10

Section 264 applies as if the definition of “custodial period” in subsection (6) included, in relation to an extended sentence imposed under section 85 of the Sentencing Act, one-half of the custodial term determined under that section.

SCHEDULE 20B

Part 1 — Introductory

Interpretation

1

• (1) The following provisions apply for the purposes of this Schedule.

• (2) “The commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.

• (3) “The 1967 Act” means the Criminal Justice Act 1967.

• (4) “The 1991 Act” means the Criminal Justice Act 1991.

• (5) A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998.

• (6) In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section.

• (7) References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted.

• (8) A “1967 Act sentence” is a sentence imposed before 1 October 1992.

• (9) A “1991 Act sentence” is a sentence which is—

• (a) imposed on or after 1 October 1992 but before 4 April 2005, or

• (b) imposed on or after 4 April 2005 but before the commencement date and is either—

• (i) imposed in respect of an offence committed before 4 April 2005, or

• (ii) for a term of less than 12 months.

• (10) A “2003 Act sentence” is a sentence which is—

• (a) imposed on or after the commencement date, or

• (b) imposed on or after 4 April 2005 but before the commencement date and is both—

• (i) imposed in respect of an offence committed on or after 4 April 2005, and

• (ii) for a term of 12 months or more.

• (11) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it is to be taken for the purposes of this Schedule to have been committed on the last of those days.

Explanation of dates

2

The following dates (which are mentioned in this Schedule) are dates on which changes to the law relating to the release and recall of prisoners came into force—

• 1 October 1992 is the date on which Part 2 of the 1991 Act came into force;

• 30 September 1998 is the date on which certain provisions of the Crime and Disorder Act 1998 came into force;

• 4 April 2005 is the date on which this Chapter came into force;

• 9 June 2008 is the date on which section 26 of the Criminal Justice and Immigration Act 2008 came into force;

• 14 July 2008 is the date on which certain other provisions of that Act came into force;

• 2 August 2010 is the date on which section 145 of the Coroners and Justice Act 2009 came into force.

Part 2 — Prisoners serving 1991 Act sentences etc

3

• (1) This Part applies to certain persons serving a 1991 Act sentence.

• (2) This Part also applies to a person serving a 2003 Act sentence which is—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an extended sentence imposed under section 227 or 228 before 14 July 2008.

• (3) But this Part does not apply to a person who—

• (a) has been released on licence under Part 2 of the 1991 Act,

• (b) has been recalled to prison, and

• (c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.

Duty to release on licence at two-thirds of sentence

4

• (1) This paragraph applies to a person in relation to whom—

• (a) all the conditions in sub-paragraph (2) are met, and

• (b) the condition in any one or more of sub-paragraphs (3) to (5) is met.

• (2) The conditions in this sub-paragraph are that—

• (a) the person has been convicted of an offence committed before 4 April 2005,

• (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,

• (c) the sentence or (in the case of a section 85 extended sentence) the custodial term is for a term of 4 years or more, and

• (d) the person has not previously been released from prison on licence in respect of that sentence.

• (3) The condition in this sub-paragraph is that the offence (or one of the offences) in respect of which the sentence was imposed is—

• (a) an offence specified in Schedule 15 (specified violent offences and specified sexual offences) as it had effect on 4 April 2005,

• (b) an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000,

• (c) an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001,

• (d) an offence under section 12 of the Sexual Offences Act 1956,

• (e) an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d), or

• (f) an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d).

• (4) The condition in this sub-paragraph is that the person has served one-half of the sentence or (in the case of a section 85 extended sentence) of the custodial term before 9 June 2008.

• (5) The condition in this sub-paragraph is that—

• (a) the person is serving the sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984,

• (b) the warrant was issued before 9 June 2008, and

• (c) the offence (or one of the offences) for which the person is serving the sentence corresponds ... to any offence specified in Schedule 15 as it had effect on 4 April 2005.

5

• (1) As soon as a person to whom paragraph 4 applies (but to whom section 247A does not apply) has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph.

• (2) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term.

• (3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

• (4) Where section 247A applies to a person—

• (a) to whom paragraph 4 also applies, and

• (b) who is serving a section 85 extended sentence,

it does so with the modifications set out in sub-paragraphs (5) and (6).

• (5) Section 247A(7) applies to the person (despite subsection (6) of that section).

• (6) References in section 247A to—

• (a) the “appropriate custodial term” are to be read as references to the custodial term;

• (b) the “requisite custodial period” are to be read as references to two-thirds of the custodial term.

Duty to release on direction of Parole Board

6

• (1) After a person to whom paragraph 4 applies (but to whom section 247A does not apply) has served one-half of the sentence, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

• (2) The Board must not give a direction under sub-paragraph (1) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

• (3) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to one-half of the sentence is a reference to one-half of the custodial term.

• (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

• (5) Paragraphs 38 and 39 contain provision that relates to the Board's function of giving directions under sub-paragraph (2) for the release of a person.

Release on licence at one-half of sentence: section 85 extended sentence prisoners

7

• (1) This paragraph applies to a person if—

• (a) the person has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

• (b) the person is serving a section 85 extended sentence in respect of that offence,

• (c) the person has not previously been released from prison on licence in respect of that sentence, and

• (d) paragraph 4 does not apply to the person.

8

• (1) As soon as a person to whom paragraph 7 applies has served one-half of the custodial term, it is the duty of the Secretary of State to release the person on licence under this paragraph.

• (2) Sub-paragraph (1) applies in place of section 243A or 244, as the case may be (release of prisoners serving less than 12 months, or serving 12 months or more).

Duty to release unconditionally at three-quarters of sentence

9

• (1) This paragraph applies to a person if—

• (a) the person has been convicted of an offence committed before 30 September 1998,

• (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,

• (c) the sentence is for a term of 12 months or more,

• (d) the person has been released on licence under Part 2 of the 1991 Act, and

• (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

• (2) But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.

10

As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally.

Duty to release on licence at three-quarters of sentence

11

• (1) This paragraph applies to a person who—

• (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

• (b) is serving a sentence of imprisonment for a term of 12 months or more imposed in respect of that offence,

• (c) has been released on licence under Part 2 of the 1991 Act, and

• (d) has been recalled before 14 July 2008 (and has not been recalled after that date).

• (2) But this paragraph does not apply if the person has been released and recalled more than once.

• (3) Nor does this paragraph apply if the sentence is a section 85 extended sentence (paragraph 13 applying to such a case instead).

12

As soon as a person to whom paragraph 11 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person on licence.

Release on licence: re-release of section 85 extended sentence prisoners

13

• (1) This paragraph applies to a person who—

• (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

• (b) is serving a section 85 extended sentence imposed in respect of that offence,

• (c) has been released on licence under Part 2 of the 1991 Act, and

• (d) has been recalled before 14 July 2008 (and has not been recalled after that date).

• (2) But this paragraph does not apply if the person has been released and recalled more than once.

14

• (1) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of less than 12 months, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—

• (a) one-half of the custodial term, and

• (b) the extension period.

• (2) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of 12 months or more, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—

• (a) three-quarters of the custodial term, and

• (b) the extension period.

Release of section 227 or 228 extended sentence prisoners: Parole Board direction

15

• (1) This paragraph applies to a person (“P”) who is serving an extended sentence imposed under section 227 or 228 before 14 July 2008.