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

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Offences under service law

233

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Determination of day when offence committed

234

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Detention under sections 226 and 228

235

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Conversion of sentences of detention into sentences of imprisonment

236

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Chapter 6 — Release, licences , supervision and recall

Preliminary

Meaning of “fixed-term prisoner”

237

(1) In this Chapter “fixed-term prisoner” means—

(a) a person serving a sentence of imprisonment for a determinate term, or

(b) a person serving a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 226A, 226B, 227 , 228 or 236A of this Act or under section 250 , 252A, 254, 262, 265, 266 or 268A of the Sentencing Code.

and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).

(1B) In this Chapter—

(a) references to a sentence of imprisonment include such a sentence passed by a service court;

(aa) references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;

(b) references to a sentence of detention under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code include a sentence of detention under section 209 of the Armed Forces Act 2006;

(ba) references to a sentence under section 226A of this Act or section 266 or 279 of the Sentencing Code include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb) references to a sentence under section 226B of this Act or section 254 of the Sentencing Code include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;

(c) references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 or section 240A; ...

(d) references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act, and

(e) references to a sentence under section 236A of this Act or section 265 or 278 of the Sentencing Code include a sentence under that section passed as a result of section 224A of that Act.

(1C) Nothing in subsection (1B) has the effect that section 240ZA or 265 of this Act or section 225 of the Sentencing Code (provision equivalent to which is made by the Armed Forces Act 2006) or section 240A applies to a service court.

(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

(3) In this Chapter, references to a sentence of detention under section 96 of the PCC(S)A 2000, under section 226A, 227 or 236A of this Act or under section 262, 265 , 266 or 268A of the Sentencing Code are references to a sentence of detention in a young offender institution.

238

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The Parole Board

239

(1) The Parole Board is to continue to be, by that name, a body corporate and as such is—

(a) to be constituted in accordance with this Chapter, and

(b) to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.

(2) It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners.

(3) The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—

(a) any documents given to it by the Secretary of State, and

(b) any other oral or written information obtained by it;

and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member.

(4) The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.

(5) Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

(5A) Rules under subsection (5) may, in particular, make provision—

(a) requiring or permitting the Board to make provisional decisions;

(b) about the circumstances—

(i) in which the Board must or may reconsider such decisions;

(ii) in which such decisions become final;

and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act.

(5B) The following are within this subsection—

(a) a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or

(b) a direction given by the Board for the release of a prisoner which the Board determines it would not have given if—

(i) information that was not available to the Board when the direction was given had been so available, or

(ii) a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given.

(5C) Provision made by virtue of subsection (5A)(c)—

(a) may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but

(b) may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside.

(5D) Rules under subsection (5) may also make provision for functions of the Board (including judicial functions) to be exercised by employees of the Board, other than any function so far as its exercise involves—

(a) making a public protection decision in relation to a prisoner within the meaning of section 237A(2) of this Act or section 28ZA(2) of the 1997 Act;

(b) giving a direction for the release of a prisoner on licence under this Chapter or under Chapter 2 of Part 2 of the 1997 Act;

(c) making a decision or giving a direction under subsection (4) or (4F) of section 31A of the 1997 Act (imprisonment or detention for public protection: termination of licences);

(d) reconsidering a decision or setting aside a decision or direction under provision made by virtue of subsection (5A).

(6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—

(a) the need to protect the public from serious harm from offenders, and

(b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

(7) Schedule 19 shall have effect with respect to the Board.

Effect of remand in custodyor on bail subject to certain types of condition

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

240

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Effect of direction under section 240 on release on licence

241

(1) In determining for the purposes of this Chapter ... whether a person to whom section 240ZA applies or a direction under section 240A or under section 325 of the Sentencing Code relates —

(a) has served, or would (but for his release) have served, a particular proportion of his sentence, or

(b) has served a particular period,

the number of days specified in section 240ZA or in the direction under section 240A or under section 325 of the Sentencing Code are to be treated as having been served by him as part of that sentence or period.

(1A) In subsection (1) the reference to section 240ZA includes section 246 of the Armed Forces Act 2006.

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

Interpretation of sections 240 and 241

242

(1) For the purposes of sections 240ZA, 240A and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—

“sentence of imprisonment” does not include a committal— (a) in default of payment of any sum of money, other than one adjudged to be paid on a conviction,

;

and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.

(2) References in sections 240ZA and 241 to an offender’s being remanded in custody are references to his being—

(a) remanded in or committed to custody by order of a court,

(b) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons extradited to the United Kingdom

243

(1) A fixed-term prisoner is an extradited prisoner for the purposes of this section if—

(a) he was tried for the offence in respect of which his sentence was imposed or he received that sentence—

(i) after having been extradited to the United Kingdom, and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and

(b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a), and

(c) the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.

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

(2A) Section 240ZA applies to days specified under section 327(3) of the Sentencing Code as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Release on licence

Duty to release prisoners

244

(1) As soon as a fixed-term prisoner, other than a prisoner to whom section 243A , 244ZA, 244A , 246A , 247 or 247A applies, has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release him on licence under this section.

(1ZA) 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.

(1A) Subsection (1) does not apply if the prisoner has been released on licence under section 246 or 248 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).

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

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

(a) in relation to a prisoner serving one sentence, one-half of his sentence,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).

Restrictions on operation of section 244(1) in relation to intermittent custody prisoners

245

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Power to release prisoners on licence before required to do so

246

(1) Subject to subsections (2) to (4), the Secretary of State may—

(a) release on licence under this section a fixed-term prisoner , other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies, ... at any time during the period of 365 days ending with the day on which the prisoner will have served the requisite custodial period, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subsection (1)(a) does not apply in relation to a prisoner unless—

(a) the length of the requisite custodial period is at least 6 weeks, and

(b) he has served—

(i) at least 4 weeks of that period, and

(ii) at least one-half of that period.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (1) does not apply where—

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

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ac) the prisoner is one to whom section 244ZA would apply if—

(i) section 244ZA(4)(c), (5)(c) and (6)(c) were omitted,

(ii) the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and

(iii) the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000,

(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),

(c) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),

(d) the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 , or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code, in a case where the prisoner has failed to comply with a curfew requirement of a community order,

(e) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),

(f) the prisoner is liable to removal from the United Kingdom,

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

(fb) a notice given to the prisoner under subsection (4) of that section is in force,

(g) the prisoner has been released on licence under this section during the currency of the sentence, and has been recalled to prison under section 255(1)(a) (and the revocation has not been cancelled under section 255(3)),

(ga) the following apply—

(i) the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and

(ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,

(gb) the following apply—

(i) the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and

(ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,

(h) the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, ...

(ha) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(i) in the case of a prisoner to whom section 240ZA applies or a direction under section 240A or under section 325 of the Sentencing Code relates, the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days ... .

(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) In subsection (4)—

(a) the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and

(b) the reference in paragraph (i) to section 240ZA includes section 246 of that Act.

(5) The Secretary of State may by order—

(a) amend the number of days for the time being specified in subsection (1)(a) ... or (4)(i),

(b) amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and

(6) In this section—

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“the requisite custodial period” in relation to a person serving any sentence ... , has the meaning given by paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) ... or (d) of section 244(3);

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“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act.

Release on licence of prisoner serving extended sentence under section 227 or 228

247

(1) This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228, other than a prisoner to whom section 247A applies.

(2) As soon as—

(a) a prisoner to whom this section applies has served the requisite custodial period, . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the duty of the Secretary of State to release him on licence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section—

“the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228;

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

(8) In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).

Power to release prisoners on compassionate grounds

248

(1) The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

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

Duration of licence

249

(1) Subject to subsection (3), where a fixed-term prisoner, other than one to whom section 243A applies, is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence.

(1A) Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.

This is subject to subsection (3).

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

(3) Subsections (1) and (1A) have effect subject to section 263(2) (concurrent terms) and sections 264(3C)(a) and 264B ... (consecutive terms) ... .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).

Licence conditions

250

(1) In this section—

(a) “the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and

(b) “prescribed” means prescribed by the Secretary of State by order.

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

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment ... (including ... a sentence imposed under section 226A , 227 or 236A or under section 278 , 279 or 282A of the Sentencing Code) or any sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act—

(a) must include the standard conditions,

(aa) must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000, and

(b) may include—

(i) any other condition authorised by section 62, 64 or 64A of the Criminal Justice and Court Services Act 2000 or section 28 of the Offender Management Act 2007, and

(ii) such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

(4A) In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).

(5) A licence under section 246 must also include a curfew condition complying with section 253.

(5A) Subject to subsection (5D), the Secretary of State must not—

(a) include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or

(b) vary or cancel any such condition included in such a licence,

unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).

(5B) A licence is within this subsection if it is granted to a relevant prisoner—

(a) on their initial release in a case where that release is at the direction of the Board, or

(b) on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).

(5C) In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.

(5D) Where the High Court gives a direction under section 256AZBC(2) as to the conditions to be included in a prisoner’s licence on release, the Secretary of State—

(a) must include the conditions in the prisoner’s licence on release;

(b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.

(5BA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a) the protection of the public,

(b) the prevention of re-offending, and

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

251

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Duty to comply with licence conditions

252

(1) A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.

(2) But where—

(a) the licence relates to a sentence of imprisonment passed by a service court, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.

Curfew condition to be included in licence under section 246

253

(1) For the purposes of this Chapter, a curfew condition is a condition which—

(a) requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be premises approved by the Secretary of State under section 13 of the Offender Management Act 2007 (c.21)), and

(b) includes a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to electronic monitoring of his whereabouts during the periods for the time being so specified.

(2) The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

(3) The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released unconditionally under section 243A or on licence under section 244.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.

Recall after release

Recall of prisoners while on licence

254

(1) The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(2) A person recalled to prison under subsection (1)—

(a) may make representations in writing with respect to his recall, and

(b) on his return to prison, must be informed of the reasons for his recall and of his right to make representations.

(2A) The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B) The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C) Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

(6A) The Secretary of State may by order amend this Chapter so as to make provision for and about circumstances or cases in which the Secretary of State may, or may not, revoke a person’s licence and recall the person to prison under subsection (1).

(6B) An order under subsection (6A) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.

(7) Nothing in this section applies in relation to a person recalled under section 255.

Recall of prisoners released early under section 246

255

(1) If it appears to the Secretary of State, as regards a person released on licence under section 246—

(a) that he has failed to comply with the curfew condition included in the licence, or

(b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,

the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.

(2) A person whose licence under section 246 is revoked under this section—

(a) may make representations in writing with respect to the revocation, and

(b) on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.

(3) The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(4) Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.

(5) On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

Further release after recall

256

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Additional days

Additional days for disciplinary offences

257

(1) Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days—

(a) to fixed-term prisoners, or

(b) conditionally on their subsequently becoming such prisoners, to persons on remand,

who (in either case) are guilty of disciplinary offences.

(2) Where additional days are awarded to a fixed-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—

(a) any period which he must serve before becoming entitled to or eligible for release under this Chapter,

(b) any period which he must serve before he can be removed from prison under section 260, and

is extended by the aggregate of those additional days.

Fine defaulters and contemnors

Early release of fine defaulters and contemnors

258

(1) This section applies in relation to a person committed to prison—

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

(b) for contempt of court or any kindred offence.

(2) As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.

(2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).

(2B) Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.

(2C) The Secretary of State may by order amend the amount for the time being specified in subsection (2B).

(3) Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section or in paragraph 35 of Schedule 20B requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.

(3A) The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the PCC(S)A 2000, under section 250 , 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act.

(4) The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.

Persons liable to removal from the United Kingdom

259

For the purposes of this Chapter a person is liable to removal from the United Kingdom if—

(a) he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,

(b) he is liable to deportation under section 3(6) of that Act,

(d) he is an illegal entrant within the meaning of section 33(1) of that Act, or

(e) he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

Early removal of prisoners liable to removal from United Kingdom

260

(1) Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter).

(2) The minimum pre-removal custodial period is the longer of—

(a) 30% of the requisite custodial period, and

(b) the requisite custodial period less 4 years.

(2C) Subsection (1) does do not apply in relation to a prisoner to whom section 247A applies.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A prisoner removed from prison under this section—

(a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

(i) Schedule 2 or 3 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act 1999 (c. 33), and

(b) so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.

(4A) Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included—

(a) when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or

(b) when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence).

(4B) Where—

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

(b) the person is removed from the United Kingdom before the Board has disposed of the reference,

the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).

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

(6) The Secretary of State may by order—

(a) amend the fraction for the time being specified in subsection (2)(a);

(b) amend the time period for the time being specified in subsection (2)(b).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.

(9) Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a) the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b) subsection (5) is to be read as including reference to section 247A.

Re-entry into United Kingdom of offender removed from prison early

261

Where a person—

(a) has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force,

(b) has been removed from the United Kingdom following that removal from prison, and

this Chapter applies to the person with the modifications set out in Schedule 19B.

Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

262

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

Consecutive or concurrent terms

Concurrent terms

263

(1) This section applies where—

(a) a person (“the offender”) has been sentenced . . . to two or more terms of imprisonment which are wholly or partly concurrent, and

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

(2) Where this section applies—

(a) nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until he is required to release him in respect of each of the others,

(aza) nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

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

(ii) to release the offender,

in respect of each of the others,

(aa) the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),

(b) section 246 does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others to which that section applies,

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

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

(2A) Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act.

(5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).

Consecutive terms

264

(1) This section applies where—

(a) a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and

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

(2A) Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.

(2B) Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.

(2C) Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.

(2D) Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.

(2E) Nothing in this Chapter requires the Secretary of State to release the offender until—

(a) the Board has directed the release of the offender, or

(b) the offender has served a period equal to the aggregate length of—

(i) the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and

(ii) the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.

(2F) For the purposes of subsections (2A) to (2E)—

(a) a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—

(i) section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or

(ii) section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;

(b) a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—

(i) section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or

(ii) a notice under section 244ZB(4) is in force.

(3B) The offender's release under this Chapter is to be unconditional if—

(a) the aggregate length of the terms of imprisonment is less than 12 months, and

(b) section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

(3C) If the offender is released on licence under this Chapter—

(a) the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);

(b) the offender is to be subject to supervision requirements under section 256AA if (and only if)—

(i) section 256AA so requires in respect of one or more of the sentences, and

(ii) the aggregate length of the terms of imprisonment is less than 2 years.

(3D) If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).

(3E) When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) In this section “minimum custodial period”, except if subsection (6A) applies, means—

(a) in relation to an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,

(b) in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

(c) in relation to a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code 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 determined by the court under that section, and

(ca) in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,

(caa) in relation to a sentence imposed under section 252A of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,

(cb) in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,

(d) in relation to any other sentence, one-half of the sentence.

(6A) In this section “minimum custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

(za) in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section),

(a) in relation to an extended sentence (not being one to which paragraph (za) applies) imposed under section 226A, 226B, 227 or 228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section 236A of this Act or section 252A, 265 or 278 of that Code, two-thirds of the appropriate custodial term determined by the court under that section;

(b) in relation to any other sentence, two-thirds of the sentence.

(6B) In this section “maximum custodial period” means—

(a) in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;

(b) in relation to any other sentence, the term of the sentence.

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

(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).

Restriction on consecutive sentences for released prisoners

265

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

Drug testing requirements

Release on licence etc: drug testing requirements

266

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

Supplemental

Alteration by order of relevant proportion of sentence

267

The Secretary of State may by order provide that any reference in section 243A(3)(a), section 244(3)(a), section 247(2) or section 264(6)(d) to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.

Interpretation of Chapter 6

268

(1) In this Chapter —

“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);

“the Board” means the Parole Board;

“fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) (as extended by section 237(1B));

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

“offender subject to supervision under this Chapter” means a person who is subject to supervision requirements under section 256AA or 256B;

“prison” and “prisoner” are to be read in accordance with section 237(2);

“supervision default order” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;

“the supervision period”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as appropriate);

“the supervisor”—in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section, andin relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section;

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

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

(1A) In this Chapter, “the requisite custodial period” means (except where it has the meaning given by section 247A(8)) —

(a) in relation to a person serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code, the requisite custodial period for the purposes of section 246A;

(b) in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c) in relation to a person serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code, the requisite custodial period for the purposes of section 244A;

(ca) in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;

(d) in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A , 244 or 244ZA (as appropriate).

(2) For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.

Chapter 7 — Effect of life sentence

Determination of minimum term in relation to mandatory life sentence

269

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

Duty to give reasons

270

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

Appeals

271

(1) In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—

(1A) In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.

(2) In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—

(1ZA) In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.

Review of minimum term on a reference by Attorney General

272

(1) In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—

(3A) Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Life prisoners transferred to England and Wales

273

(1) The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.

(2) In subsection (1) “transferred life prisoner” means a person -

(a) on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and

(b) who has been transferred to England and Wales after the commencement of this section in pursuance of—

(i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or

(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),

there to serve his sentence or sentences or the remainder of his sentence or sentences.

(3) In subsection (1) “a relevant order” means a minimum term order or a whole life order under section 321 of the Sentencing Code.

(4) In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”.

(5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

Further provisions about references relating to transferred life prisoners

274

(1) A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.

(2) In relation to a reference under that section, any reference to “the court” in sections 321 to 323 of the Sentencing Code is to be read as a reference to the High Court.

(3) A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to Supreme Court from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the Supreme Court under this section.

(7) In relation to appeals to the Court of Appeal or the Supreme Court under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

Duty to release certain life prisoners

275

(1) Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows.

(2) For subsection (1A) there is substituted—

(1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.

(3) In subsection (1B)(a)—

(a) for the words from the beginning to “applies” there is substituted “ this section does not apply to him ”, and

(b) for the words from “such an order” to “appropriate stage” there is substituted “ a minimum term order has been made in respect of each of those sentences ”.

(4) After subsection (8) there is inserted—

(8A) In this section “minimum term order” means an order under— (a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or (b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).

Mandatory life sentences: transitional cases

276

Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.

Interpretation of Chapter 7

277

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Chapter 8 — Other provisions about sentencing

Deferment of sentence

278

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

Power to include drug treatment and testing requirement in certain orders in respect of young offenders

Drug treatment and testing requirement in action plan order or supervision order

279

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

Alteration of penalties for offences

Alteration of penalties for specified summary offences

280

(1) The summary offences listed in Schedule 25 are no longer punishable with imprisonment.

(2) Schedule 26 (which contains amendments increasing the maximum term of imprisonment for certain summary offences from 4 months or less to 51 weeks) shall have effect.

(3) This section does not affect the penalty for any offence committed before the commencement of this section.

Alteration of penalties for other summary offences

281

(1) Subsection (2) applies to any summary offence which—

(a) is an offence under a relevant enactment,

(b) is punishable with a maximum term of imprisonment of five months or less, and

(2) The Secretary of State may by order amend any relevant enactment so as to—

(a) provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or

(b) increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence.

(3) An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(4) Subsection (5) applies to any summary offence which—

(a) is an offence under a relevant enactment, and

(b) is punishable with a maximum term of imprisonment of six months.

(5) The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly).

(6) Neither of the following—

(a) an order under subsection (2), or

(b) subsection (5),

affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be).

(7) In this section and section 282 “relevant enactment” means any enactment contained in—

(a) an Act passed before or in the same Session as this Act, or

(b) any subordinate legislation made before the passing of this Act.

(8) In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

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

282

(1) In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ”.

(2) Subsection (3) applies to any offence triable either way which—

(a) is an offence under a relevant enactment,

(b) is punishable with imprisonment on summary conviction, and

(3) The ... term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection a term not exceeding the general limit in a magistrates’ court (and the relevant enactment in question is to be read as if it had been amended accordingly).

(4) Nothing in this section affects the penalty for any offence committed before the commencement of this section.

Enabling powers: power to alter maximum penalties

283

(1) The Secretary of State may by order, in accordance with subsection (2) ..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—

(a) as regards a summary offence, liable on conviction to a term of imprisonment;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—

(a) restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or

(b) increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.

(5) The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.

(6) An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(7) None of the following—

(a) an order under subsection (1), or

(b) Schedule 27,

affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).

(8) In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(9) In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.

284

(1) Schedule 28 (increase in penalties for certain drug-related offences) shall have effect.

(2) That Schedule does not affect the penalty for any offence committed before the commencement of that Schedule.

285

(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “ fourteen years ”.

(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).

(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.

(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.

(5) Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).

(6) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.

(7) In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.

(8) This section does not affect the penalty for any offence committed before the commencement of this section.

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

286

(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—

(a) Summarily	(a) 6 months or the statutory maximum or both
(b) On indictment	(b) 2 years or a fine or both.

(2) Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.

(3) This section does not apply in relation to any offence committed before the commencement of this section.

Firearms offences

Minimum sentence for certain firearms offences

287

After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section—

(51A) (1) This section applies where— (a) an individual is convicted of— (i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, or (ii) an offence under section 5(1A)(a) of this Act, and (b) the offence was committed after the commencement of this section and at a time when he was aged 16 or over. (2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so. (3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days. (4) In this section “appropriate custodial sentence (or order for detention)” means— (a) in relation to England and Wales— (i) in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and (ii) in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000; (b) in relation to Scotland— (i) in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, (ii) in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and (iii) in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act. (5) In this section “the required minimum term” means— (a) in relation to England and Wales— (i) in the case of an offender who was aged 18 or over when he committed the offence, five years, and (ii) in the case of an offender who was under 18 at that time, three years, and (b) in relation to Scotland— (i) in the case of an offender who was aged 21 or over when he committed the offence, five years, and (ii) in the case of an offender who was aged under 21 at that time, three years.

Certain firearms offences to be triable only on indictment

288

In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—

Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)	Possessing or distributing prohibited weapons or ammunition.	On indictment	10 years or a fine, or both.
Section 5(1)(b)	Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc.	(a) Summary(b) On indictment	6 months or a fine of the statutory maximum, or both.10 years or a fine or both.
Section 5(1A)(a)	Possessing or distributing firearm disguised as other object.	On indictment	10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)	Possessing or distributing other prohibited weapons.	(a) Summary(b) On indictment	6 months or a fine of the statutory maximum, or both.10 years or a fine, or both.

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

289

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

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

290

(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2) In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “ except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968 it shall itself dispose of the case ”.

(3) In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—

(2) Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968.

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

291

(1) The Secretary of State may by order—

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

(aa) amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word 18,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 by repealing the exception to that subsection,

(d) repeal section 208(2) of that Act, and

(e) make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d).

(2) The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.

Sentencing for firearms offences in Northern Ireland

292

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

Increase in penalty for offences relating to importation or exportation of certain firearms

293

(1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

(2) In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted—

(5A) In the case of— (a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968, (b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or (c) any such offence committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.

(3) In section 68 (offences in relation to exportation of prohibited or restricted goods) for subsection (4A) there is substituted—

(4A) In the case of— (a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968, (b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or (c) any such offence committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.

(4) In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—

(4A) In the case of— (a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968, (b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or (c) any such offence committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.

(5) This section does not affect the penalty for any offence committed before the commencement of this section.

Offenders transferred to mental hospital

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

294

(1) Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.

(2) In subsection (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.

(3) For subsections (2) and (3) there is substituted—

(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date. (3) In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded— (a) any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and (b) any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.

Access to Parole Board for certain patients serving prison sentences

295

In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted—

(5A) Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction— (a) the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and (b) if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.

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

296

(1) Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.

(2) In paragraph (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.

(3) For paragraphs (2) and (3) there is substituted—

(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date. (3) In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.

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

297

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—

(5A) Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction— (a) the fact that the restriction direction remains in force does not prevent— (i) the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or (ii) the making of any application by him to the Sentence Review Commissioners, and (b) if— (i) the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or (ii) the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled, the restriction direction shall cease to have effect at the time at which he would become so entitled.

Term of detention and training order

298

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

Disqualification from working with children

299

Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect.

Fine defaulters

Power to impose unpaid work requirement or curfew requirement on fine defaulter

300

(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—

(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

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

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

(3) In this Part “default order” means an order under subsection (2).

(4) Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.

(5) Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

(6) The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—

sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);

Schedule 9 (community orders and suspended sentence orders: requirements);

Schedule 10 (breach, revocation or amendment of community order);

Schedule 11 (transfer of community orders to Scotland or Northern Ireland).

(7) Where a default order has been made for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

Fine defaulters: driving disqualification

301

(1) Subsection (2) applies in any case where a magistrates' court—

(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

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Criminal Justice Act 2003

Offences under service law

233

Determination of day when offence committed

234

Detention under sections 226 and 228

235

Conversion of sentences of detention into sentences of imprisonment

236

Chapter 6 — Release, licences , supervision and recall

Preliminary

Meaning of “fixed-term prisoner”

237

Power of court to recommend licence conditions

Power of court to recommend licence conditions for certain prisoners

238

The Parole Board

239

Effect of remand in custodyor on bail subject to certain types of condition

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

240

Effect of direction under section 240 on release on licence

241

Interpretation of sections 240 and 241

242

Persons extradited to the United Kingdom

243

Release on licence

Duty to release prisoners

244

Restrictions on operation of section 244(1) in relation to intermittent custody prisoners

245

Power to release prisoners on licence before required to do so

246

Release on licence of prisoner serving extended sentence under section 227 or 228

247

Power to release prisoners on compassionate grounds

248

Duration of licence

249

Licence conditions

250

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

251

Duty to comply with licence conditions

252

Curfew condition to be included in licence under section 246

253

Recall after release

Recall of prisoners while on licence

254

Recall of prisoners released early under section 246

255

Further release after recall

256

Additional days

Additional days for disciplinary offences

257

Fine defaulters and contemnors

Early release of fine defaulters and contemnors

258

Persons liable to removal from the United Kingdom

Persons liable to removal from the United Kingdom

259

Early removal of prisoners liable to removal from United Kingdom

260

Re-entry into United Kingdom of offender removed from prison early

261

Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

262

Consecutive or concurrent terms

Concurrent terms

263

Consecutive terms

264

Restriction on consecutive sentences for released prisoners

Restriction on consecutive sentences for released prisoners

265

Drug testing requirements

Release on licence etc: drug testing requirements