Legalize / United Kingdom / Public General Act

Criminal Justice Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) If section 247 (release of prisoner on licence) applies to P, it applies with the following modifications.

(3) The Secretary of State must not release P under subsection (2) of that section unless the Board has directed P's release under that subsection.

(4) The Board must not give a direction under sub-paragraph (3) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(5) As soon as P has served the appropriate custodial term, the Secretary of State must release P on licence, unless P has previously been recalled under section 254.

(6) Paragraphs 38 and 39 contain provision that relates to the Board's function of giving directions under sub-paragraph (4) for the release of a person.

Licence to remain in force to three-quarters of sentence

16

(1) This paragraph applies to a person to whom paragraph 4 applies.

(2) This paragraph also applies to a person if—

(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,

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

(3) This paragraph also applies to a person if—

(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,

(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).

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

(5) Nor does this paragraph apply if—

(a) the person is serving a section 85 extended sentence, or

(b) 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.

(6) If a person has been—

(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this paragraph.

17

(1) Where a person to whom paragraph 16 applies is released on licence under section 244, 247A or paragraph 5 or 6, the licence shall remain in force until the date on which the person would (but for the release) have served three-quarters of the sentence.

(1A) But if section 247A would (disregarding this sub-paragraph) require the release on licence of a person to whom paragraph 16 applies at any time after the end of the period referred to in sub-paragraph (1)—

(a) that requirement does not apply, and

(b) it is instead the duty of the Secretary of State to release the person unconditionally.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) to (2) apply in place of section 249 (duration of licence).

Period for which licence to remain in force: section 85 extended sentence prisoners

18

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, and

19

(1) Where a person to whom paragraph 18 applies is released on licence and the custodial term is less than 12 months, the licence shall remain in force until the end of the period found by adding—

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

(b) the extension period.

(2) Where a person to whom paragraph 18 applies is released on licence and the custodial term is 12 months or more, the licence shall remain in force until the end of the relevant period.

(3) Sub-paragraphs (1) and (2) are subject to any revocation under section 254.

(4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of licence).

(5) In sub-paragraph (2), “the relevant period”—

(a) in relation to a person released on licence under section 247A at any time after the end of the period of three-quarters of the custodial term, means the period found by adding—

(i) the proportion of the custodial term served before release, and

(ii) the extension period;

(b) in relation to any other case, means the period found by adding—

(i) three-quarters of the custodial term, and

(ii) the extension period.

Concurrent or consecutive terms

20

Paragraphs 21 and 22 apply where a person (“P”) is serving two or more sentences of imprisonment imposed on or after 1 October 1992 and—

(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

21

(1) This paragraph applies if each of the sentences is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

22

(1) This paragraph applies where two or more sentences are to be served consecutively on each other and—

(a) one or more of those sentences is a 1991 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1991 Act sentence or sentences.

(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).

(3A) If P is subject to supervision requirements under section 256AA (by virtue of section 264(3C)(b)), section 256AA(4)(b) (end of supervision period) applies in relation to P as if the reference to the requisite custodial period were to the period described in sub-paragraph (3) of this paragraph.

(4) If P is also serving one or more 1967 Act sentences, paragraphs 32 and 33 apply instead of this paragraph.

Part 3 — Prisoners serving 1967 Act sentences

23

(1) This Part applies to certain persons serving a 1967 Act sentence.

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

(a) has been released on licence,

(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.

(3) In this Part, references to release under Part 2 of the 1991 Act include release under section 60 of the 1967 Act.

Sentence of more than 12 months imposed before 1 October 1992

24

(1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months, and

(2) This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

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

(3) But this paragraph does not apply if, on the passing of the sentence, an extended sentence certificate was issued (see paragraph 27).

(4) If a person has been—

(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this paragraph.

25

(1) It is the duty of the Secretary of State to release a person to whom paragraph 24 applies unconditionally under this paragraph—

(a) in the case of a person falling within paragraph 24(1), as soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 24(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2) After a person falling within paragraph 24(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

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

(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 (3) for the release of a person.

26

(1) Where a person to whom paragraph 24 applies is released on licence under paragraph 25(2), the licence shall remain in force until the date on which the person would (but for the release) have served two-thirds of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).

Extended sentence of more than 12 months imposed before 1 October 1992

27

(1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

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

(2) This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(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).

(3) In this paragraph “extended sentence certificate” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section.

28

(1) It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph—

(a) in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2) After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

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

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

Additional days

29

(1) Prison rules made by virtue of section 257 may include provision for applying any provisions of this Chapter, in relation to any person falling within sub-paragraph (2), as if the person had been awarded such number of additional days as may be determined by or under the rules.

(2) A person falls within this sub-paragraph if—

(a) the person was released on licence under section 60 of the 1967 Act before 1 October 1992 and the licence was in force on that date, or

(b) the person was, on that date, serving a custodial sentence,

and (in either case) the person has forfeited any remission of the sentence.

Concurrent or consecutive terms

30

Paragraphs 31 to 33 apply where a person (“P”) is serving two or more sentences of imprisonment and—

(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

31

(1) This paragraph applies where each of the sentences is a 1967 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.

32

(1) This paragraph applies where—

(a) one or more of the sentences is a 1967 Act sentence, and

(b) one or more of them is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—

(a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and

(b) that single term is to be treated as if it were a 1967 Act sentence.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

(6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.

33

(1) This paragraph applies where two or more sentences are to be served consecutively on each other and—

(a) one or more of those sentences is a 1967 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1967 Act sentence or sentences.

(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).

(4) If P is subject to supervision requirements under section 256AA (by virtue of section 264(3C)(b)), section 256AA(4)(b) (end of supervision period) applies in relation to P as if the reference to the requisite custodial period were to the period described in sub-paragraph (3) of this paragraph.

Part 4 — Provisions applying generally

Licence conditions

34

(1) This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3) and which was granted to a person serving—

(a) a 1967 Act sentence,

(b) a 1991 Act sentence, or

(2) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P's release (at any time) on the recommendation or direction of the Board, and

(b) P has not been released otherwise than on such a recommendation or direction.

(3) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P's release (at any time), and

(b) condition A or condition B is met.

(4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence).

(5) Condition B is that, before 2 August 2010—

(a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and

(b) the Board exercised the function under section 37(5) of that Act of—

(i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or

(ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled).

(6) The Secretary of State must not—

(a) include on release, or subsequently insert, a condition referred to in section 250(4)(b)(ii) in a Parole Board licence, or

(b) vary or cancel any such condition,

except in accordance with directions of the Board.

Fine defaulters and contemnors

35

(1) This paragraph applies to any person if—

(a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act—

(i) in default of payment of a sum adjudged to be paid by a conviction, or

(ii) for contempt of court or any kindred offence,

(b) the person was so committed or detained before 4 April 2005, and

(2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally.

(3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors).

Early removal of prisoners liable to removal from UK

36

(1) This paragraph applies to any person who—

(a) has served one-half of a sentence of imprisonment, and

(b) has not been released on licence under this Chapter.

(2) The reference in sub-paragraph (1)(a) to one-half of a sentence is—

(a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term;

(b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term.

37

(1) If a person to whom paragraph 36 applies—

(a) is liable to removal from the United Kingdom, and

(b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section,

the Secretary of State may remove the person from prison under that section at any time after the end of that period.

(2) Sub-paragraph (1) applies whether or not the Board has directed the person's release under paragraph 6, 15, 25 or 28.

Initial duty of disclosure by prosecutor

Removal of requirement to substantiate information on oath

Application of Part 7 to Northern Ireland

Rules of court

Condition that evidentiary ruling significantly weakens prosecution case

Costs

Urgent investigative steps

Application of Part 10 to Northern Ireland

Court’s duty to give reasons for rulings

Depositions

Purposes of sentencing

Enforcement of regulations implementing EU legislation on endangered species

143A

An offence under section 59A of that Act (trafficking for sexual exploitation).

212A

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

Enforcement of regulations implementing EU legislation on endangered species

1A

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

Role of enforcement officer

6A

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

1A

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

Role of enforcement officer

5A

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

23ZA

(1) Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.

(2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.

(3) Where—

(a) there is more than one victim and they express different views, or

(b) for any other reason subsection (2) does not apply,

the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.

(4) In this section—

“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;

“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.

200A

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

220A

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

Supervision of offenders

256AA

(1) This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—

(a) the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),

(b) the sentence was an extended sentence imposed under section 254, 266 or 279 of the Sentencing Code,

(ba) the sentence was imposed under section 252A, 265 or 278 of that Code,

(bb) section 247A applied to the offender in respect of the sentence, or

(c) the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.

(2) The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—

(a) in legal custody,

(b) subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or

(3) The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).

(4) “The supervision period” is the period which—

(a) begins on the expiry of the sentence, and

(b) ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)).

(5) The purpose of the supervision period is the rehabilitation of the offender.

(6) The Secretary of State must have regard to that purpose when specifying requirements under this section.

(7) The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.

(8) In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.

(9) In relation to a person subject to supervision requirements under this section following a sentence of detention under section 250 of the Sentencing Code, the supervisor must be—

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

(b) a member of the youth offending team established by the local authority in whose area the offender resides for the time being.

(10) In relation to any other person, the supervisor must be an officer of a provider of probation services.

(11) In this section “DTO supervision” means supervision under—

(a) a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or

(b) an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code (breach of supervision requirements of detention and training order).

(12) This section has effect subject to section 264(3C)(b) and (3D).

256AB

(1) The only requirements that the Secretary of State may specify in a notice under section 256AA are—

(a) a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;

(b) a requirement not to commit any offence;

(d) a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;

(e) a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;

(f) a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;

(g) a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);

(h) a requirement to participate in activities in accordance with any instructions given by the supervisor;

(i) a drug testing requirement (see section 256D);

(j) a drug appointment requirement (see section 256E).

(2) Where a requirement is imposed under subsection (1)(h), paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies in relation to the requirement (reading references to the responsible officer as references to the supervisor).

(3) Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).

(4) The Secretary of State may by order—

(a) add requirements that may be specified in a notice under section 256AA,

(b) remove or amend such requirements,

(d) make provision about instructions given for the purposes of such requirements.

(5) An order under subsection (4) may amend this Act.

(6) In this section “work” includes paid and unpaid work.

256AC

(1) Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, 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 person to appear or be brought—

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

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

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

(4) If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—

(a) order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),

(b) order the person to pay a fine not exceeding level 3 on the standard scale, or

(i) an unpaid work requirement (as defined by paragraph 1 of Schedule 9 to the Sentencing Code), or

(ii) a curfew requirement (as defined by paragraph 9 of that Schedule).

(5) Paragraph 10(3) of Schedule 9 to the Sentencing Code (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.

(6) If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.

(7) Where the person is under the age of 21—

(a) an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but

(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.

(8) A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.

(9) 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.

(10) In Schedule 19A (supervision default orders)—

(a) Part 1 makes provision about requirements of supervision default orders, and

(b) Part 2 makes provision about the breach, revocation and amendment of supervision default orders.

(10A) Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.

(11) A person dealt with under this section may appeal to the Crown Court against—

(a) the order made by the court under this section, and

(b) an order made by the court under section 46 of the Sentencing Code (criminal courts charge) when dealing with the person under this section.

256D

(1) “Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body.

(2) A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a) the Secretary of State is satisfied of the matters in subsection (3), and

(b) the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement.

(3) Those matters are—

(a) that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and

(b) that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.

(4) An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State.

(5) The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.

(6) In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

256E

(1) “Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.

(2) A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a) the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and

(b) the Secretary of State is satisfied of the matters in subsection (3).

(3) Those matters are—

(a) that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,

(b) that the offender is dependent on, or has a propensity to misuse, a controlled drug,

(d) that arrangements have been made, or can be made, for the offender to have treatment.

(4) The requirement must specify—

(a) the person with whom the offender is to meet or under whose direction the appointments are to take place, and

(b) where the appointments are to take place.

(5) The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.

(6) The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—

(a) the duration of each appointment, and

(b) when each appointment is to take place.

(7) For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.

(8) In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

264B

(1) This section applies in a case in which section 264 applies where—

(a) the offender is released on licence under this Chapter,

(b) the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and

(c) those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed in respect of an offence committed on or after that day.

(2) The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of—

(a) the custodial period in relation to each of the short transitional terms, and

(b) the full length of each of the other terms.

(3) In this section “custodial period” has the same meaning as in section 264.

16A

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

14A

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

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

SCHEDULE 19A

PART 1 — Requirements etc

Application of provisions of Chapter 4 of Part 12

1

The provisions of the Sentencing Code listed in paragraph 2 apply in relation to a supervision default order as they apply in relation to a community order but with the modifications listed in paragraph 3.

2

Those provisions are—

(a) sections 208(13) and 214(4) (requirement to avoid conflict with religious beliefs);

(b) section 210 (local justice area to be specified in order);

(d) section 220(1)(b), (2) and (3) (completion of unpaid work requirement);

(e) section 395 (data from electronic monitoring: code of practice);

(f) paragraphs 1(1), 2(1) and 3 of Schedule 9 (unpaid work requirement);

(g) paragraph 34(1) and (2) of that Schedule (availability of arrangements in local area);

(h) paragraphs 9(1) to (4A) and 10(1) and (2) of that Schedule (curfew requirement);

(i) paragraphs 29(1) and 31 to 33 of that Schedule (electronic monitoring requirement).

3

(1) The modifications mentioned in paragraph 1 are as follows.

(2) Section 212(2)(b) applies as if the reference to the responsible officer were to the supervisor.

(3) Section 214(4) applies as if the reference to the responsible officer were to the supervisor.

(4) Paragraph 1(1) of Schedule 9 applies—

(a) as if the reference to the responsible officer were to the supervisor, and

(b) as if, in paragraph (b), for “during a period of 12 months” there were substituted “ before the end of the supervision period. ”

(5) Paragraph 2(1) of that Schedule applies as if for sub-paragraphs (i) and (ii) of paragraph (b) (limit on number of hours of unpaid work) there were substituted—

(i) not less than 20 hours, and (ii) not more than 60 hours.

(6) Paragraph 9 of that Schedule applies as if for sub-paragraph (4) there were substituted—

(4) The order— (a) may not specify periods which amount to less than 2 hours or more than the relevant number of hours in any day, (b) may not specify periods which fall outside the supervision period, and (c) must require the person to remain at the specified place or places on at least 20 days.

(6A) Paragraph 9(4A) of that Schedule applies as if references to an offence of which the offender was convicted before, on or after a day were references to a failure by a person to comply with a requirement that occurred before, on or after that day.

(7) Paragraph 29(1) of that Schedule applies as if paragraph (b) were omitted.

(8) Paragraph 32 of that Schedule applies as if the references to the responsible officer were to the supervisor.

Powers of Secretary of State in relation to provisions of Chapter 4 of Part 12

4

The Secretary of State's power to make regulations under subsection (4) of section 214 of the Sentencing Code (requirement to avoid conflict with religious beliefs etc) includes power to provide for that subsection, as applied by this Schedule, to have effect with additional restrictions specified in the regulations.

5

(1) The Secretary of State's power to make rules under section 394 of the Sentencing Code (rules regulating the supervision of persons subject to community orders etc) may be exercised in relation to persons subject to supervision default orders.

(2) For the purpose of sub-paragraph (1), section 394(1)(b) of the Sentencing Code has effect as if the reference to responsible officers were to supervisors.

6

The Secretary of State may by regulations amend paragraph 3(5) or (6) by changing the number of hours or days for the time being specified there.

PART 2 — Breach, revocation or amendment

Proceedings for breach

7

(1) If the supervisor in relation to a person subject to supervision requirements under section 256AA—

(a) is satisfied that the person has failed without reasonable excuse to comply with a requirement imposed by a supervision default order, and

(b) considers that the failure should be dealt with by a court,

the supervisor must refer the matter to an enforcement officer.

(2) Where a matter is referred to an enforcement officer under this paragraph, it is the duty of the enforcement officer—

(a) to consider the case, and

(b) where appropriate, to cause an information to be laid before a justice of the peace in respect of the person's failure to comply with the requirement.

(3) In this paragraph “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

(4) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(5) In sub-paragraph (4) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Issue of summons or warrant by justice of the peace

8

(1) If at any time while a supervision default order is in force it appears on information to a justice of the peace that the person subject to the order has failed to comply with a requirement imposed by the order, the justice may—

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

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

(2) A summons or warrant issued under this paragraph must direct the person to appear or be brought before—

(a) a magistrates' court acting for the local justice area in which the person resides, or

(b) if it is not known where the person resides, before a magistrates' court acting for the local justice area specified in the supervision default order.

Powers of magistrates' court to deal with breach

9

(1) This paragraph applies if it is proved to the satisfaction of a magistrates' court before which a person appears or is brought under paragraph 8 that the person has failed without reasonable excuse to comply with a requirement imposed by the supervision default order.

(2) The court may revoke the order and deal with the person for the failure in any of the ways listed in section 256AC(4)(a) to (c) (and section 256AC(5) and (7) to (9) apply accordingly).

(3) In dealing with a person under this paragraph, a magistrates' court must take into account the extent to which the person has complied with the supervision default order.

(4) A person dealt with under this paragraph may appeal to the Crown Court against the order made by the court.

Amendment or revocation of order by magistrates' court

10

(1) Where a person is subject to a supervision default order, the appropriate magistrates' court may on the application of the person or an officer of a provider of probation services—

(a) revoke the order,

(b) amend the order, or

(c) revoke the order and deal with the person under section 256AC(4) in any way in which it could deal with the person if the order had never been made.

(2) A magistrates' court acting under sub-paragraph (1)(b)—

(a) may not increase the number of hours or days specified in the order;

(b) may reduce the number of hours or days so specified, but not so as to reduce them below the minimum specified in paragraph 2(1) or 9(4) of Schedule 9 to the Sentencing Code (as modified by paragraph 3).

(3) In exercising its powers under sub-paragraph (1), a magistrates' court must take into account the extent to which the person has complied with the supervision default order.

(4) Where a court exercises its powers under sub-paragraph (1)(b) or (c), the person may appeal to the Crown Court against the order made by the court.

(5) Where a magistrates' court proposes to exercise its powers under this paragraph on an application of an officer of a provider of probation services, the court—

(a) must summon the person subject to the supervision default order to appear before the court, and

(b) if the person does not appear in answer to the summons, may issue a warrant for the person's arrest.

(6) Sub-paragraph (5) does not apply where the court proposes only to amend the order to reduce the number of hours or days specified in it.

(7) Where an application under this paragraph is made by a person subject to a supervision default order, the magistrates' court may not hear the application unless satisfied that adequate notice has been given to any officer of a provider of probation services who the court thinks has an interest in the application.

(8) No application may be made under this paragraph while an appeal against the supervision default order is pending.

(9) In this paragraph “the appropriate magistrates' court” means a magistrates' court acting in the local justice area specified in the supervision default order.

Amendment of local justice area specified in order

11

(1) This paragraph applies where, at any time while a supervision default order is in force in respect of a person, the appropriate magistrates' court is satisfied that the person proposes to change, or has changed, residence from the local justice area specified in the order to another local justice area (“the new local justice area”).

(2) The appropriate magistrates' court may amend the order to specify the new local justice area.

(3) In this paragraph “the appropriate magistrates' court” has the same meaning as in paragraph 10.

Revocation of order on imposition of further sentence

12

(1) This paragraph applies where—

(a) the Crown Court or a magistrates' court is sentencing a person for an offence, and

(b) a supervision default order is in force in respect of the person.

(2) If the court imposes a sentence of imprisonment or detention (other than a suspended sentence) it must revoke the supervision default order.

(3) If the court makes a community order or suspended sentence order it may revoke the supervision default order and deal with the person under section 256AC(4) in any way in which the person could be dealt with under section 256AC(4) if the supervision default order had never been made.

13

Where—

(a) the Crown Court or a magistrates' court orders that a suspended sentence or any part of it is to take effect in relation to a person, and

(b) a supervision default order is in force in respect of the person,

the court must revoke the supervision default order.

CHAPTER 5A — Other offenders of particular concern

236A

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

244A

(1) This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code , other than a prisoner to whom section 247A applies.

(2) 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.

(3) 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.

(4) The Board must not give a direction under subsection (3) unless—

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

(b) the Board is satisfied that it is not necessary for the protection of the public that P should be confined.

(5) 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 sections 255A to 255C).

(6) For the purposes of this section—

“the appropriate custodial term” means the term determined as such by the court under section 236A or under section 252A, 265 or 278 of the Sentencing Code;

“the requisite custodial period” means—in relation to a person serving one sentence imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, one-half of the appropriate custodial term, in relation to a person serving one sentence imposed on or after that day, 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(2D).

255ZA

(1) A person recalled to prison under section 254 or 255 commits an offence if the person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate address, and

(b) a period specified in the notice has elapsed.

(3) In subsection (2) “an appropriate address” means—

(a) an address at which, under the person's licence, the person is permitted to reside or stay, or

(b) an address nominated, in accordance with the person's licence, for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b) the person has failed to comply with such an instruction, and

(5) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

(6) In relation to an offence committed before 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Jury service

22A

An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances).

48A

An offence under section 3ZC of that Act (causing death by driving: disqualified drivers).

92A

An offence under section 33A of that Act (keeping a brothel used for prostitution).

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

3A

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

3B

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

3C

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

3D

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

3E

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

8A

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

40A

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

49A

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

49B

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

SCHEDULE 18A

Terrorism offences

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

Sexual offences

19

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

20

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

Accessories and inchoate offences

21

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

22

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

Abolished offences

23

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

Meaning of “terrorist connection”

24

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

8A

Section 268(1A) (definition of “the requisite custodial period”) has effect as if it provided that, in relation to a person serving an extended sentence under section 85 of the Sentencing Act, the requisite custodial period means one-half of the custodial term determined under that section (subject to sections 263 and 264).

13B

An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

63G

An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

63H

An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.

152A

An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

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

43A

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

43B

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

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

215A

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

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

Costs

Armed forces

116A

An offence under section 15A of that Act (sexual communication with a child).

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

PART 3 — Specified Terrorism Offences

154

An offence under section 11 of the Terrorism Act 2000 (membership of a proscribed organisation).

155

An offence under section 12 of that Act (inviting support for a proscribed organisation).

156

An offence under section 54 of that Act (weapons training).

157

An offence under section 56 of that Act (directing a terrorist organisation).

158

An offence under section 57 of that Act (possession of article for terrorist purposes).

159

An offence under section 58 of that Act (collection of information likely to be of use to a terrorist).

160

An offence under section 58A of that Act (publishing information about members of the armed forces etc).

161

An offence under section 58B of that Act (entering or remaining in a designated area).

162

An offence under section 59 of that Act (inciting terrorism overseas).

163

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

164

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

165

An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

166

An offence under section 1 of the Terrorism Act 2006 (encouragement of terrorism).

167

An offence under section 2 of that Act (dissemination of terrorist publications).

168

An offence under section 5 of that Act (preparation of terrorist acts).

169

An offence under section 6 of that Act (training for terrorism).

170

An offence under section 8 of that Act (attendance at a place used for terrorist training).

171

An offence under section 9 of that Act (making or possession of radioactive device or material).

172

An offence under section 10 of that Act (misuse of radioactive device or material for terrorist purposes etc).

173

An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc).

174

(1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

6A

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

6B

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

9A

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

9B

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

9C

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

13A

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

13B

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

15A

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

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

247A

(1) This section applies to a prisoner (a “terrorist prisoner”) who—

(a) is serving a fixed-term sentence imposed (whether before or after this section comes into force) in respect of an offence within subsection (2), and

(b) has not been released on licence.

(2) An offence is within this subsection (whenever it was committed) if—

(a) it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),

(b) it is a service offence as respects which the corresponding civil offence is so specified, or

(2A) Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—

(a) under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders),

(b) on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

(i) is specified in Part 1 of Schedule 19ZA (terrorism offences punishable with imprisonment for life),

(ii) is a service offence as respects which the corresponding civil offence is so specified,

(iii) is specified in Part 3 of that Schedule (other offences punishable with imprisonment for life) and was determined to have a terrorist connection, or

(iv) is a service offence as respects which the corresponding civil offence is so specified, and was determined to have a terrorist connection.

(3) It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board—

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

(b) where there has been a previous reference of the prisoner's case to the Board under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference.

(4) It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as—

(a) the prisoner has served the requisite custodial period, and

(b) the Board has directed the release of the prisoner under this section.

(5) The Board must not give a direction under subsection (4) unless—

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

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

(6) Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A or under section 252A, 254, 265, 266, 268A, 278, 279 or 282A of the Sentencing Code.

(7) It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254).

(7A) For the purposes of this section, an offence was determined to have a terrorist connection if it was—

(a) determined to have a terrorist connection under—

(i) section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),

(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now subject to the provisions of this Chapter), or

(iii) section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or

(b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).

(8) For the purposes of this section—

“the appropriate custodial term”, in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A, or under section 252A, 254, 265, 266, 268A, 278, 279 or 282A of the Sentencing Code, means the term determined as such by the court under that provision;

“the requisite custodial period” means—in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, or under section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term,in relation to a person serving one sentence of any other kind, two-thirds of the sentence, 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);

“service offence”, and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

(9) For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if—

(a) it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial period (within the meaning of this section, not section 244A), or

(b) it was made under section 246A(4).

(10) Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force.

(10A) In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.

(11) This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).

SCHEDULE 19ZA

PART 1 — Terrorism offences punishable with imprisonment for life

1

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

(c) section 59 (inciting terrorism overseas: England and Wales), other than an offence which is an offence by virtue of subsection (2)(c) of that section;

(d) section 60 (inciting terrorism overseas: Northern Ireland), other than an offence which is an offence by virtue of subsection (2)(c) of that section;

(e) section 61 (inciting terrorism overseas: Scotland).

2

An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(d) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices etc).

3

(1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(4) Incitement to commit a listed offence.

(5) Aiding, abetting, counselling or procuring the commission of a listed offence.

4

An offence that—

(a) was abolished before the coming into force of this Schedule, and

(b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.

5

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(d) section 16 (use of money or property for terrorist purposes);

(e) section 17 (involvement in terrorist funding arrangements);

(f) section 17A (insuring payments made in response to terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of terrorism);

(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l) section 57 (possession of article for terrorist purposes);

(m) section 58 (collection of information likely to be of use to a terrorist);

(n) section 58A (publishing information about members of the armed forces etc);

(o) section 58B (entering or remaining in a designated area);

(p) section 59 (inciting terrorism overseas: England and Wales), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861;

(q) section 60 (inciting terrorism overseas: Northern Ireland), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861.

6

An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate).

7

An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

8

An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

PART 2 — Terrorism offences punishable with imprisonment for more than two years (but not life)

9

An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

10

An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

11

(1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(4) Incitement to commit a listed offence.

(5) Aiding, abetting, counselling or procuring the commission of a listed offence.

12

An offence that—

(a) was abolished before the coming into force of this Schedule, and

(b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.

13

Manslaughter.

14

Culpable homicide (under the law of Scotland).

15

Kidnapping.

16

False imprisonment.

17

Abduction (under the law of Scotland).

18

Assault by explosive device (under the law of Scotland).

19

Assault to severe injury (under the law of Scotland).

20

Assault and poisoning (under the law of Scotland).

21

Poisoning (under the law of Scotland).

22

Robbery (under the law of Scotland).

23

Assault with intent to rob (under the law of Scotland).

24

Wilful fire-raising (under the law of Scotland).

25

Malicious mischief (under the law of Scotland).

26

Riot (under the law of Northern Ireland).

27

Affray (under the law of Northern Ireland).

28

An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);

(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous bodily harm);

(g) section 32 (endangering the safety of railway passengers).

29

An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

30

An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

53A

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

Non-appearance of defendant: plea of guilty

SCHEDULE 3A

Conduct of proceedings wholly as audio proceedings

1

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

Conduct of proceedings wholly as video proceedings

2

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

Other limitations to apply also

5

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

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

264AA

(1) This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter.

(1A) In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.

(2) Any direction in respect of the offender by the Parole Board under—

(a) subsection (5)(b) of section 246A,

(b) subsection (4)(b) of section 247A, or

is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section or paragraph.

(3) In this section—

(a) references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and

(b) “relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.

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

Application of provisions of the Sentencing Code

Powers of Secretary of State in relation to provisions of the Sentencing Code

246B

(1) The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), if—

(a) the prisoner's sentence was passed for manslaughter;

(b) the Board does not know where and how the victim's remains were disposed of; and

(c) the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4) In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5) In this section, in relation to a prisoner—

“public protection decision” has the meaning given by section 237A(2);

“victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.

246C

(1) The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), if—

(a) the prisoner's sentence was passed for—

(i) an offence of taking an indecent photograph of a child, or

(ii) a relevant offence of making an indecent pseudo-photograph of a child;

(b) the Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c) the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4) In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5) For the purposes of this section, an offence is—

(a) an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b) a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i) it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii) the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

(6) In this section—

“public protection decision”, in relation to a prisoner, has the meaning given by section 237A(2);

“relevant indecent image” means—the photograph to which an offence of taking an indecent photograph of a child relates, orthe pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.

Manslaughter: prisoner's non disclosure of information

38

(1) The Board must comply with this paragraph when making a relevant public protection decision about a prisoner if—

(a) the prisoner's sentence was passed for manslaughter;

(b) the Board does not know where and how the victim's remains were disposed of; and

(c) the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2) When making the relevant public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This paragraph does not limit the matters which the Board must or may take into account when making a relevant public protection decision.

(4) In this paragraph, in relation to a prisoner—

“public protection decision” has the meaning given by section 237A(2);

“relevant public protection decision” means the public protection decision made—under paragraph 6(2) for the purposes of paragraph 6(1),under paragraph 15(4) for the purposes of paragraph 15(3),under paragraph 25(3) for the purposes of paragraph 25(2), orunder paragraph 28(3) for the purposes of paragraph 28(2);

“victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.

Indecent images: prisoner's non-disclosure of information

39

(1) The Board must comply with this paragraph when making a relevant public protection decision about a prisoner if—

(a) the prisoner's sentence was passed for—

(i) an offence of taking an indecent photograph of a child, or

(ii) a relevant offence of making an indecent pseudo-photograph of a child;

(b) the Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c) the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2) When making the relevant public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This paragraph does not limit the matters which the Board must or may take into account when making a relevant public protection decision.

(4) For the purposes of this paragraph an offence is—

(a) an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b) a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i) it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii) the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.