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

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

(5) In this paragraph—

“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.

“relevant public protection decision”, in relation to a prisoner, 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).

PART 3 — Other offences punishable with imprisonment for life

31

An offence under section 1 of the Infanticide Act 1938 (infanticide).

32

An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5 (N.I.)) (infanticide).

33

An offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (child destruction).

34

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

35

An offence under either of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

36

An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

37

(1) An offence of arson under section 1 of the Criminal Damage Act 1971.

(2) An offence under section 1(2) of that Act (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.

38

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

39

(1) An offence of arson under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

(2) An offence under Article 3(2) of that Order (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.

40

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

41

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

42

An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).

43

An offence under section 134 of the Criminal Justice Act 1988 (torture).

44

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

45

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

46

An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).

47

An offence under any of the following provisions of the International Criminal Court Act 2001, other than an offence involving murder—

(a) section 51 (genocide, crimes against humanity and war crimes: England and Wales);

(b) section 52 (conduct ancillary to genocide etc: England and Wales);

(d) section 59 (conduct ancillary to genocide etc: Northern Ireland).

48

An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

49

An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

50

An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—

(a) Article 58(1) (possession of firearm with intent to endanger life etc);

(b) Article 59(1) (use of firearm to resist arrest);

(d) Article 60 (carrying a firearm with criminal intent).

51

An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

52

An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)—

(a) section 1 (human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory labour).

53

An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

54

An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

55

(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.

56

(1) An attempt to commit murder.

(2) Conspiracy to commit murder.

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

(4) Incitement to commit murder.

(5) Aiding, abetting, counselling or procuring murder.

57

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.

63I

An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft).

63J

An offence under paragraph 2 of that Schedule (destroying, damaging or endangering the safety of spacecraft).

63K

An offence under paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft).

63L

An offence under paragraph 4 of that Schedule (endangering safety at spaceports).

63M

An offence under paragraph 5 of that Schedule (offences in relation to certain dangerous articles).

Referral of high-risk offenders to Parole Board in place of automatic release

244ZB

(1) This section applies to a prisoner who—

(a) would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and

(b) is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.

(2) For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a) murder;

(b) specified offences, within the meaning of section 306 of the Sentencing Code.

(3) If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.

(4) Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).

(5) A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a).

(6) A notice given under subsection (4) must explain—

(a) the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)),

(b) why the Secretary of State is of the requisite opinion, and

(7) A notice given under subsection (4)—

(a) takes effect at whichever is the earlier of—

(i) the time when it is received by the prisoner, and

(ii) the time when it would ordinarily be received by the prisoner, and

(b) remains in force until—

(i) the Secretary of State refers the prisoner’s case to the Board under this section, or

(ii) the notice is revoked.

(8) The Secretary of State—

(a) may revoke a notice given under subsection (4), and

(b) must do so if the Secretary of State is no longer of the requisite opinion.

(9) If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)—

(a) the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and

(b) the High Court, if satisfied that that ground is made out, must by order revoke the notice.

(10) At any time before the Board disposes of a reference under this section, the Secretary of State—

(a) may rescind the reference, and

(b) must do so if the Secretary of State is no longer of the requisite opinion.

(11) If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).

(12) The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.

But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.

Proceedings following reference under section 244ZB

244ZC

(1) This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.

(2) If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.

(3) It is the duty of the Secretary of State to release the 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.

(4) The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

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

(a) the Secretary of State has referred the prisoner’s case to the Board under subsection (2), 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) For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).

256AZA

(1) This section applies where a person (“the offender”) is serving two or more terms of imprisonment.

(2) Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others.

(3) Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

(a) to refer the offender’s case to the Board, or

(b) to release the offender,

in respect of each of the others.

(4) If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence—

(a) until the last date on which the offender is required to be on licence in respect of any of the terms, and

(b) subject to such conditions as are required by this Chapter in respect of any of the sentences.

(5) This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment—

(a) section 91 or 96 of the PCC(S)A 2000;

(b) section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code;

256AZB

(1) The Secretary of State may by order change—

(a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;

(b) the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);

(c) the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).

(2) An order under subsection (1) may in particular—

(a) apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);

(b) amend this Chapter.

(3) Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, section 256AZBC(1) (powers of High Court on referral of release decisions).

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

52A

(1) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.

(2) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.

(3) If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place—

(a) if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs),

(b) if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or

(c) if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings).

(4) In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51).

(5) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

Release on licence of certain violent or sexual offenders

244ZA

(1) As soon as a fixed-term 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 the prisoner on licence under this section.

(2) This section applies to a prisoner who—

(a) is serving a fixed-term sentence within subsection (4), (5) or (6),

(b) is not a prisoner to whom section 244A, 246A or 247A applies, and

(c) has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C).

(3) Subsection (1) 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.

(4) A fixed-term sentence is within this subsection if it—

(a) is a sentence of—

(i) imprisonment, or

(ii) detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,

(b) is for a term of 7 years or more,

(d) was imposed in respect of an offence—

(i) that is specified in Part 1 or 2 of Schedule 15, and

(ii) for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(5) A fixed-term sentence is within this subsection if it—

(a) is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,

(b) is for a term of at least 4 years but less than 7 years,

(c) was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d) was imposed in respect of an offence within subsection (7).

(6) A fixed-term sentence is within this subsection if it—

(a) is a sentence of detention under section 250 of the Sentencing Code,

(b) is for a term of 7 years or more,

(c) was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d) was imposed in respect of an offence within subsection (7).

(7) An offence is within this subsection if—

(a) it is specified in any of the following paragraphs of Part 1 of Schedule 15—

(i) paragraph 1 (manslaughter);

(ii) paragraph 4 (soliciting murder);

(iii) paragraph 6 (wounding with intent to cause grievous bodily harm);

(iv) paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;

(v) paragraph 65 (inchoate offences in relation to murder), or

(b) it is an offence—

(i) that is specified in Part 2 of that Schedule (sexual offences), and

(ii) for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(8) For the purposes of this section “the requisite custodial period” means—

(a) in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and

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

(9) For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.

(10) In subsection (9)—

(a) “service offence” means an offence under—

(i) section 70 of the Army Act 1955 or the Air Force Act 1955,

(ii) section 42 of the Naval Discipline Act 1957, or

(iii) section 42 of the Armed Forces Act 2006;

(b) “corresponding civil offence” means—

(i) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(ii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section;

(iii) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.

(11) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

Release at the direction of the Board

256AZC

(1) This section applies where the Board directs the release of a person on licence under this Chapter (including where the High Court makes an order under section 256AZBC(1)(a) requiring the Secretary of State to give effect to such a direction).

(2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter.

(3) The duty under subsection (2) is subject to —

(a) section 256AZBA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and

(b) provision made pursuant to section 239(5C)(b).

267C

(1) This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.

(2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.

(3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—

(a) refer the prisoner’s case to the Board, or

(b) release the prisoner.

(4) The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.

(5) The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require.

(6) In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.

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

60A

An offence under section 47 of the Anti-Terrorism, Crime and Security Act 2001 (use etc of nuclear weapons).

60B

An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).

63FA

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

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

SCHEDULE 19B

1

Paragraph 2 applies where section 244ZC(2), 244A(2) or 246A(4) (when read with section 260(4A)) would require the Secretary of State to refer a person’s case to the Board on a day falling before the end of the period of 28 days beginning with the day on which the person is returned to custody.

2

The applicable provision is to be read as requiring the Secretary of State to refer the person’s case to the Board at any time up to the end of the period of 28 days beginning with the day on which the person is returned to custody.

3

For the purposes of paragraphs 1 and 2, a person returns to custody when the person, having returned to the United Kingdom, is detained (whether or not in prison) in pursuance of their sentence.

4

Paragraphs 5 and 6 apply where, before a person’s removal from the United Kingdom—

(a) the Board had directed their release under section 244ZC, 244A or 246A, but

(b) they had not been released on licence.

5

The direction of the Board is to be treated as having no effect.

6

The person is to be treated as if—

(a) they had been recalled under section 254 on the day on which they returned to the United Kingdom, and

(b) they were not suitable for automatic release (see section 255A).

7

Paragraph 8 applies where—

(a) before a person’s removal from prison their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and

(b) the reference lapsed under section 260(4B) because the person was removed from the United Kingdom before the Board had disposed of the reference.

8

Section 244ZC(2), 244A(2) or 246A(4) (as applicable) is to be read as requiring the Secretary of State to refer the person’s case to the Board before the end of the period of 28 days beginning with the day on which the person is returned to custody.

9

For the purposes of paragraph 8, a person returns to custody when the person, having returned to the United Kingdom, is detained (whether or not in prison) in pursuance of their sentence.

10

Paragraphs 11 and 12 apply where, at the time of a person’s removal from prison under section 260, the person was in prison following recall under section 254.

11

Any direction of the Board made in relation to the person under section 255C or 256A before their return to the United Kingdom is to be treated as having no effect.

12

The person is to be treated as if—

(a) they had been recalled under section 254 on the day on which they returned to the United Kingdom, and

(b) they were not suitable for automatic release (see section 255A).

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

149A

An offence under section 66A of that Act (sending etc photograph or film of genitals).

149B

An offence under section 66B(2) or (3) of that Act (sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).

237A

(1) This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter.

(2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined.

(3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.

(4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B.

(5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker—

(a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed;

(b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted;

(d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined;

(e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions;

(f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence;

(g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)).

(6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner.

(7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed.

(8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made.

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

(10) Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made.

(11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is—

(a) if the decision is made under section 256AZBC(1), the High Court;

(b) in any other case, the Board.

(12) Subsection (2) has effect in relation to a decision made by the Board—

(a) under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”;

(b) under section 255C(4A) (prisoners not suitable for automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted “remain in prison”.

(13) The Secretary of State may by order amend Schedule 18B so as to—

(a) specify a further offence, or

(b) omit an offence for the time being specified.

237B

In the following table—

(a) the first column lists each provision of this Chapter which is a “relevant provision” under which a public protection decision may be made;

(b) the second column lists, in relation to each relevant provision, the purposes for which the decision is made.

Relevant provision	Purposes
section 244ZC(4)	section 244ZC(3)
section 244ZC(5)(b)	section 244ZC(3)
section 244A(4)(b)	section 244A(3)
section 246A(6)(b)	section 246A(5)
section 247A(5)(b)	section 247A(4)
section 255B(4A)	section 255B(4A)
section 255C(4A)	section 255C(4A)
section 256A(4)	section 256A(4)
section 256AZBC(1)	section 256AZBC(1)
paragraph 6(2) of Schedule 20B	paragraph 6(1) of Schedule 20B
paragraph 15(4) of Schedule 20B	paragraph 15(3) of Schedule 20B
paragraph 25(3) of Schedule 20B	paragraph 25(2) of Schedule 20B
paragraph 28(3) of Schedule 20B	paragraph 28(2) of Schedule 20B

SCHEDULE 18B

Part 1 — Common law offences

1

Kidnapping.

2

Murder.

3

Manslaughter.

4

Abduction.

5

Assault and poisoning.

6

Assault by explosive device.

7

Assault to severe injury.

8

Assault with intent to rob.

9

Culpable homicide.

10

Malicious mischief.

11

Poisoning.

12

Robbery.

13

Wilful fire-raising.

14

Affray.

15

Riot.

Part 2 — Statutory offences

16

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

(a) section 4 (soliciting murder);

(b) section 16 (threats to kill);

(d) section 20 (malicious wounding);

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

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

(g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h) section 27 (abandoning children);

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

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

(k) section 30 (placing explosives with intent to do bodily injury);

(l) section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m) section 32 (endangering the safety of railway passengers);

(n) section 35 (injuring persons by furious driving);

(o) section 37 (assaulting officer preserving wreck);

(p) section 38 (assault with intent to resist arrest);

(q) section 47 (assault occasioning actual bodily harm).

17

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).

18

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

19

An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

20

An offence under section 1 of the Infanticide Act 1938 (infanticide).

21

An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).

22

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to injure);

(b) section 16A (possession of firearm with intent to cause fear of violence);

(d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(e) section 18 (carrying a firearm with criminal intent).

23

An offence under any of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 9, where the offence is burglary with intent to—

(i) inflict grievous bodily harm on a person, or

(ii) do unlawful damage to a building or anything in it;

(d) section 12A (aggravated vehicle-taking).

24

(1) An offence of arson under section 1 of the Criminal Damage Act 1971.

(2) An offence under section 1(2) of that Act (destroying or damaging property), other than an offence of arson.

25

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

26

An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

27

An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

28

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

29

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(d) section 4 (offences in relation to certain dangerous articles);

(e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

30

An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats).

31

An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

32

An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot);

(b) section 2 (violent disorder);

33

An offence under either of the following provisions of the Criminal Justice Act 1988—

(a) section 134 (torture);

(b) section 160 (possession of indecent photograph of a child).

34

An offence under any of the following provisions of the Road Traffic Act 1988—

(a) section 1 (causing death by dangerous driving);

(b) section 3ZC (causing death by driving: disqualified drivers);

35

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

36

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

37

An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).

38

An offence under either of the following provisions of the Protection from Harassment Act 1997—

(a) section 4 (putting people in fear of violence);

(b) section 4A (stalking involving fear of violence or serious alarm or distress).

39

(1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).

(2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

40

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 support for a proscribed organisation etc);

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

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

(f) section 17A (insurance against payments made in response to terrorist demands);

(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 54 (weapons training);

(m) section 56 (directing terrorist organisation);

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

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

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

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

(r) sections 59 to 61 (inciting terrorism overseas).

41

An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

42

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas);

43

An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation);

(b) section 2 (assisting a girl to mutilate her own genitalia);

44

An offence under Part 1 of the Sexual Offences Act 2003 (sexual offences), other than an offence under any of the following provisions of that Act—

(a) section 51A (soliciting);

(b) section 53A (paying for sexual services of a prostitute subjected to force etc);

45

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

46

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);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

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

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

47

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

48

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

49

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

50

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

51

An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

52

An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

Schedule 19AA

1

An offence under the Official Secrets Act 1911.

2

An offence under the Official Secrets Act 1920.

3

An offence under the Official Secrets Act 1989.

4

An offence under section 13 of the Terrorism Act 2000 (uniform and publication of images).

5

An offence under section 21D of that Act (tipping off: regulated sector).

6

An offence under section 36(2) of that Act (failure to comply with an order, etc of constable in connection with terrorist investigation).

7

An offence under section 51(2) of that Act (failure to move a vehicle when required to do so).

8

An offence under section 116(3) of that Act (failure to stop a vehicle when required to do so).

9

An offence under section 120B of that Act (offences in relation to counter-terrorism financial investigators).

10

An offence under paragraph 3(7) of Schedule 5 to that Act (wilfully obstructing a search of a cordoned area).

11

An offence under paragraph 14 of Schedule 5 to that Act (making a false or misleading statement in connection with terrorist investigation).

12

An offence under paragraph 15(4) of Schedule 5 to that Act (wilfully obstructing an urgent search).

13

An offence under paragraph 16(3) of Schedule 5 to that Act (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland).

14

An offence under paragraph 32(3) of Schedule 5 to that Act (failure to comply with an urgent explanation notice: Scotland).

15

An offence under paragraph 11 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland).

16

An offence under paragraph 21 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland).

17

An offence under paragraph 1(3) of Schedule 6 to that Act (failure to comply with requirement to provide financial information).

18

An offence under paragraph 18 of Schedule 7 to that Act (port and border controls: failure to comply with duty, etc).

19

An offence under paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of foreign travel restriction order).

20

An offence under paragraph 30, 30A or 31 of Schedule 7 to that Act (offences relating to terrorist financing and money laundering).

21

An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015 (failure to hand over travel documents or hindering a search).

22

An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (failure to comply with a duty relating to border security or obstructing a search).

23

An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing Act 2020 (including as applied by section 238(7) of the Armed Forces Act 2006).

24

An offence under the National Security Act 2023.

25

An offence to which section 16 of that Act applies.

26

An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 20 of that Act (aggravating factor where foreign power condition met: Northern Ireland).

27

An offence proved to have been aggravated by reason of the foreign power condition being met in relation to the conduct that constituted the offence under section 21 of that Act (aggravating factor where foreign power condition met: Scotland).

28

(1) An attempt to commit an offence specified in a preceding paragraph 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.

29

A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes—

(a) a reference to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is offence A,

(b) a reference to an offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning given by that section) is offence A, and

(c) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A,

and section 48 of the Armed Forces Act 2006 (attempts etc. outside England and Wales) applies for the purposes of paragraph (c) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.

255BA

(1) A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must—

(a) on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and

(b) at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)).

(2) The “section 255BA automatic release period”, in relation to P, means—

(a) if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody;

(b) if P is recalled under section 254 while on licence under section 246, whichever of the following ends later—

(i) the period of 56 days beginning with the day on which P returns to custody;

(ii) the requisite custodial period which P would have served under section 243A or 244 but for the earlier release.

(3) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(4) The Secretary of State must not release P under subsection (3) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the section 255BA automatic release period.

(5) Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period.

(6) The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied.

(7) The first condition is that the Secretary of State believes on reasonable grounds that P would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a) murder;

(b) an offence listed in Schedule 18 to the Sentencing Code.

(8) The second condition is that, after P is recalled, the Secretary of State receives information—

(a) that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)),

(b) that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(c) that results in a determination that, if released at the end of the section 255BA automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(d) that P has been charged with an offence.

(9) Where this subsection applies—

(a) if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and

(b) P is to be dealt with in accordance with section 255C (and accordingly not released under this section).

(10) The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs.

(11) For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

Referral of release decisions to High Court

256AZBA

(1) This section applies where—

(a) a prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB, and

(b) the Board directs the prisoner’s release under a provision mentioned in the second column of the table in section 237B.

(2) The Secretary of State may direct the Board to refer the prisoner’s case to the High Court if the Secretary of State considers that—

(a) the release of the prisoner would be likely to undermine public confidence in the parole system, and

(b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 256AZBC(1)).

(3) The requirement for the Secretary of State to give effect to the Board’s direction to release the prisoner is suspended—

(a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Board to refer the prisoner’s case to the High Court under this section, and

(b) if the Secretary of State gives such a direction, pending determination of the reference under section 256AZBC(1).

(4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it.

(5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.

(6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Board before this section comes into force.

256AZBB

(1) The offences specified or described in this section (for the purposes of section 256AZBA) are—

(a) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;

(b) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);

(c) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A);

(d) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(e) an offence under section 5 of that Act (rape of a child under 13);

(f) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);

(g) an offence under section 18 of that Act (rape of a young child);

(h) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);

(i) an offence under Article 12 of that Order (rape of a child under 13);

(j) an offence that—

(i) is abolished, and

(ii) would have constituted an offence referred to in paragraphs (a) to (i) if committed on or after the date on which it was abolished.

(2) A sentence in respect of a service offence is to be treated for the purposes of section 256AZBA as if it were a sentence in respect of the corresponding offence.

(3) In subsection (2)—

(a) “service offence” means an offence under—

(i) section 42 of the Armed Forces Act 2006,

(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(iii) section 42 of the Naval Discipline Act 1957;

(b) “corresponding offence” means—

(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

256AZBC

(1) On a referral of a prisoner’s case under section 256AZBA, the High Court—

(a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Board’s direction to release the prisoner on licence;

(b) otherwise, must make an order quashing the direction.

(2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release.

(3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Board on the date on which the order was made.

(4) If the decision referred to the High Court is a decision under section 255B(4A) (automatic release), subsection (1)(a) has effect as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”.

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

Offences under the law of England and Wales, Scotland and Northern Ireland

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