Criminal Justice Act 2003

(all of which relate to overseas evidence)

• (5) The requirements of this subsection are satisfied if—

• (a) any of the five conditions mentioned in section 116(2) is satisfied (absence of relevant person etc), or

• (b) the relevant person cannot reasonably be expected to have any recollection of the matters dealt with in the statement (having regard to the length of time since he supplied the information and all other circumstances).

• (6) A statement is not admissible under this section if the court makes a direction to that effect under subsection (7).

• (7) The court may make a direction under this subsection if satisfied that the statement’s reliability as evidence for the purpose for which it is tendered is doubtful in view of—

• (a) its contents,

• (b) the source of the information contained in it,

• (c) the way in which or the circumstances in which the information was supplied or received, or

• (d) the way in which or the circumstances in which the document concerned was created or received.

Preservation of certain common law categories of admissibility

118

• (1) The following rules of law are preserved.

Public information etc

1 Any rule of law under which in criminal proceedings—

• (a) published works dealing with matters of a public nature (such as histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them,

• (b) public documents (such as public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them,

• (c) records (such as the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated in them, or

• (d) evidence relating to a person’s age or date or place of birth may be given by a person without personal knowledge of the matter.

Reputation as to character

2 Any rule of law under which in criminal proceedings evidence of a person’s reputation is admissible for the purpose of proving his good or bad character.

Note

The rule is preserved only so far as it allows the court to treat such evidence as proving the matter concerned.

Reputation or family tradition

3 Any rule of law under which in criminal proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving—

• (a) pedigree or the existence of a marriage,

• (b) the existence of any public or general right, or

• (c) the identity of any person or thing.

Note

The rule is preserved only so far as it allows the court to treat such evidence as proving or disproving the matter concerned.

Res gestae

4 Any rule of law under which in criminal proceedings a statement is admissible as evidence of any matter stated if—

• (a) the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded,

• (b) the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or

• (c) the statement relates to a physical sensation or a mental state (such as intention or emotion).

Confessions etc

5 Any rule of law relating to the admissibility of confessions or mixed statements in criminal proceedings.

Admissions by agents etc

6 Any rule of law under which in criminal proceedings—

• (a) an admission made by an agent of a defendant is admissible against the defendant as evidence of any matter stated, or

• (b) a statement made by a person to whom a defendant refers a person for information is admissible against the defendant as evidence of any matter stated.

Common enterprise

7 Any rule of law under which in criminal proceedings a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated.

Expert evidence

8 Any rule of law under which in criminal proceedings an expert witness may draw on the body of expertise relevant to his field.

• (2) With the exception of the rules preserved by this section, the common law rules governing the admissibility of hearsay evidence in criminal proceedings are abolished.

Inconsistent statements

119

• (1) If in criminal proceedings a person gives oral evidence and—

• (a) he admits making a previous inconsistent statement, or

• (b) a previous inconsistent statement made by him is proved by virtue of section 3, 4 or 5 of the Criminal Procedure Act 1865 (c. 18),

the statement is admissible as evidence of any matter stated of which oral evidence by him would be admissible.

• (2) If in criminal proceedings evidence of an inconsistent statement by any person is given under section 124(2)(c), the statement is admissible as evidence of any matter stated in it of which oral evidence by that person would be admissible.

Other previous statements of witnesses

120

• (1) This section applies where a person (the witness) is called to give evidence in criminal proceedings.

• (2) If a previous statement by the witness is admitted as evidence to rebut a suggestion that his oral evidence has been fabricated, that statement is admissible as evidence of any matter stated of which oral evidence by the witness would be admissible.

• (3) A statement made by the witness in a document—

• (a) which is used by him to refresh his memory while giving evidence,

• (b) on which he is cross-examined, and

• (c) which as a consequence is received in evidence in the proceedings,

is admissible as evidence of any matter stated of which oral evidence by him would be admissible.

• (4) A previous statement by the witness is admissible as evidence of any matter stated of which oral evidence by him would be admissible, if—

• (a) any of the following three conditions is satisfied, and

• (b) while giving evidence the witness indicates that to the best of his belief he made the statement, and that to the best of his belief it states the truth.

• (5) The first condition is that the statement identifies or describes a person, object or place.

• (6) The second condition is that the statement was made by the witness when the matters stated were fresh in his memory but he does not remember them, and cannot reasonably be expected to remember them, well enough to give oral evidence of them in the proceedings.

• (7) The third condition is that—

• (a) the witness claims to be a person against whom an offence has been committed,

• (b) the offence is one to which the proceedings relate,

• (c) the statement consists of a complaint made by the witness (whether to a person in authority or not) about conduct which would, if proved, constitute the offence or part of the offence,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) the complaint was not made as a result of a threat or a promise, and

• (f) before the statement is adduced the witness gives oral evidence in connection with its subject matter.

• (8) For the purposes of subsection (7) the fact that the complaint was elicited (for example, by a leading question) is irrelevant unless a threat or a promise was involved.

Supplementary

Additional requirement for admissibility of multiple hearsay

121

• (1) A hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made unless—

• (a) either of the statements is admissible under section 117, 119 or 120,

• (b) all parties to the proceedings so agree, or

• (c) the court is satisfied that the value of the evidence in question, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose.

• (2) In this section “hearsay statement” means a statement, not made in oral evidence, that is relied on as evidence of a matter stated in it.

Documents produced as exhibits

122

• (1) This section applies if on a trial before a judge and jury for an offence—

• (a) a statement made in a document is admitted in evidence under section 119 or 120, and

• (b) the document or a copy of it is produced as an exhibit.

• (2) The exhibit must not accompany the jury when they retire to consider their verdict unless—

• (a) the court considers it appropriate, or

• (b) all the parties to the proceedings agree that it should accompany the jury.

Capability to make statement

123

• (1) Nothing in section 116, 119 or 120 makes a statement admissible as evidence if it was made by a person who did not have the required capability at the time when he made the statement.

• (2) Nothing in section 117 makes a statement admissible as evidence if any person who, in order for the requirements of section 117(2) to be satisfied, must at any time have supplied or received the information concerned or created or received the document or part concerned—

• (a) did not have the required capability at that time, or

• (b) cannot be identified but cannot reasonably be assumed to have had the required capability at that time.

• (3) For the purposes of this section a person has the required capability if he is capable of—

• (a) understanding questions put to him about the matters stated, and

• (b) giving answers to such questions which can be understood.

• (4) Where by reason of this section there is an issue as to whether a person had the required capability when he made a statement—

• (a) proceedings held for the determination of the issue must take place in the absence of the jury (if there is one);

• (b) in determining the issue the court may receive expert evidence and evidence from any person to whom the statement in question was made;

• (c) the burden of proof on the issue lies on the party seeking to adduce the statement, and the standard of proof is the balance of probabilities.

Credibility

124

• (1) This section applies if in criminal proceedings—

• (a) a statement not made in oral evidence in the proceedings is admitted as evidence of a matter stated, and

• (b) the maker of the statement does not give oral evidence in connection with the subject matter of the statement.

• (2) In such a case—

• (a) any evidence which (if he had given such evidence) would have been admissible as relevant to his credibility as a witness is so admissible in the proceedings;

• (b) evidence may with the court’s leave be given of any matter which (if he had given such evidence) could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party;

• (c) evidence tending to prove that he made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that he contradicted himself.

• (3) If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation.

• (4) In the case of a statement in a document which is admitted as evidence under section 117 each person who, in order for the statement to be admissible, must have supplied or received the information concerned or created or received the document or part concerned is to be treated as the maker of the statement for the purposes of subsections (1) to (3) above.

Stopping the case where evidence is unconvincing

125

• (1) If on a defendant’s trial before a judge and jury for an offence the court is satisfied at any time after the close of the case for the prosecution that—

• (a) the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and

• (b) the evidence provided by the statement is so unconvincing that, considering its importance to the case against the defendant, his conviction of the offence would be unsafe,

the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.

• (2) Where—

• (a) a jury is directed under subsection (1) to acquit a defendant of an offence, and

• (b) the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence,

the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1) in respect of it.

• (3) If—

• (a) a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged, and

• (b) the court is satisfied as mentioned in subsection (1) above at any time after the close of the case for the prosecution that—

• (i) the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and

• (ii) the evidence provided by the statement is so unconvincing that, considering its importance to the case against the person, a finding that he did the act or made the omission would be unsafe,

the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.

• (4) This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.

Court’s general discretion to exclude evidence

126

• (1) In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if—

• (a) the statement was made otherwise than in oral evidence in the proceedings, and

• (b) the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence.

• (2) Nothing in this Chapter prejudices—

• (a) any power of a court to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evidence), or

• (b) any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise).

Miscellaneous

Expert evidence: preparatory work

127

• (1) This section applies if—

• (a) a statement has been prepared for the purposes of criminal proceedings,

• (b) the person who prepared the statement had or may reasonably be supposed to have had personal knowledge of the matters stated,

• (c) notice is given under the appropriate rules that another person (the expert) will in evidence given in the proceedings orally or under section 9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on the statement, and

• (d) the notice gives the name of the person who prepared the statement and the nature of the matters stated.

• (2) In evidence given in the proceedings the expert may base an opinion or inference on the statement.

• (3) If evidence based on the statement is given under subsection (2) the statement is to be treated as evidence of what it states.

• (4) This section does not apply if the court, on an application by a party to the proceedings, orders that it is not in the interests of justice that it should apply.

• (5) The matters to be considered by the court in deciding whether to make an order under subsection (4) include—

• (a) the expense of calling as a witness the person who prepared the statement;

• (b) whether relevant evidence could be given by that person which could not be given by the expert;

• (c) whether that person can reasonably be expected to remember the matters stated well enough to give oral evidence of them.

• (6) Subsections (1) to (5) apply to a statement prepared for the purposes of a criminal investigation as they apply to a statement prepared for the purposes of criminal proceedings, and in such a case references to the proceedings are to criminal proceedings arising from the investigation.

• (7) The appropriate rules are Criminal Procedure Rules made by virtue of—

• (a) . . . section 81 of the Police and Criminal Evidence Act 1984 (advance notice of expert evidence in Crown Court), or

• (b) . . . section 20(3) of the Criminal Procedure and Investigations Act 1996 (c. 25) (advance notice of expert evidence in magistrates' courts).

Confessions

128

• (1) In the Police and Criminal Evidence Act 1984 (c. 60) the following section is inserted after section 76—

(76A) (1) In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section. (2) If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained— (a) by oppression of the person who made it; or (b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof, the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained. (3) Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities. (4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence— (a) of any facts discovered as a result of the confession; or (b) where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so. (5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf. (6) Subsection (5) above applies— (a) to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and (b) to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession. (7) In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).

• (2) Subject to subsection (1), nothing in this Chapter makes a confession by a defendant admissible if it would not be admissible under section 76 of the Police and Criminal Evidence Act 1984 (c. 60).

• (3) In subsection (2) “confession” has the meaning given by section 82 of that Act.

Representations other than by a person

129

• (1) Where a representation of any fact—

• (a) is made otherwise than by a person, but

• (b) depends for its accuracy on information supplied (directly or indirectly) by a person,

the representation is not admissible in criminal proceedings as evidence of the fact unless it is proved that the information was accurate.

• (2) Subsection (1) does not affect the operation of the presumption that a mechanical device has been properly set or calibrated.

Depositions

130

In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-paragraph (4) of paragraph 5 is omitted (power of the court to overrule an objection to a deposition being read as evidence by virtue of that paragraph).

Evidence at retrial

131

For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (oral evidence and use of transcripts etc at retrials under that Act) there is substituted—

(1) (1) Evidence given at a retrial must be given orally if it was given orally at the original trial, unless— (a) all the parties to the retrial agree otherwise; (b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or (c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion). (2) Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use of depositions) does not apply at a retrial to a deposition read as evidence at the original trial.

General

Rules of court

132

• (1) Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Chapter; and the appropriate authority is the authority entitled to make the rules.

• (2) The rules may make provision about the procedure to be followed and other conditions to be fulfilled by a party proposing to tender a statement in evidence under any provision of this Chapter.

• (3) The rules may require a party proposing to tender the evidence to serve on each party to the proceedings such notice, and such particulars of or relating to the evidence, as may be prescribed.

• (4) The rules may provide that the evidence is to be treated as admissible by agreement of the parties if—

• (a) a notice has been served in accordance with provision made under subsection (3), and

• (b) no counter-notice in the prescribed form objecting to the admission of the evidence has been served by a party.

• (5) If a party proposing to tender evidence fails to comply with a prescribed requirement applicable to it—

• (a) the evidence is not admissible except with the court’s leave;

• (b) where leave is given the court or jury may draw such inferences from the failure as appear proper;

• (c) the failure may be taken into account by the court in considering the exercise of its powers with respect to costs.

• (6) In considering whether or how to exercise any of its powers under subsection (5) the court shall have regard to whether there is any justification for the failure to comply with the requirement.

• (7) A person shall not be convicted of an offence solely on an inference drawn under subsection (5)(b).

• (8) Rules under this section may—

• (a) limit the application of any provision of the rules to prescribed circumstances;

• (b) subject any provision of the rules to prescribed exceptions;

• (c) make different provision for different cases or circumstances.

• (9) Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.

• (10) In this section “prescribed” means prescribed by rules of court

Proof of statements in documents

133

Where a statement in a document is admissible as evidence in criminal proceedings, the statement may be proved by producing either—

• (a) the document, or

• (b) (whether or not the document exists) a copy of the document or of the material part of it,

authenticated in whatever way the court may approve.

Interpretation of Chapter 2

134

• (1) In this Chapter—

• “copy”, in relation to a document, means anything on to which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

• “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

• “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;

• “document” means anything in which information of any description is recorded;

• “oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;

• “statutory provision” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act.

• (2) Section 115 (statements and matters stated) contains other general interpretative provisions.

• (3) Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter has effect as if each offence were charged in separate proceedings.

Armed forces

135

Schedule 7 (hearsay evidence: armed forces) has effect.

Repeals etc

136

In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to some extent superseded by provisions of this Chapter) are repealed—

• (a) Part 2 and Schedule 2 (which relate to documentary evidence);

• (b) in Schedule 13, paragraphs 2 to 5 (which relate to documentary evidence in service courts etc).

Chapter 3 — Miscellaneous and supplemental

Evidence by video recording

137

• (1) This section applies where—

• (a) a person is called as a witness in proceedings for an offence triable only on indictment, or for a prescribed offence triable either way,

• (b) the person claims to have witnessed (whether visually or in any other way)—

• (i) events alleged by the prosecution to include conduct constituting the offence or part of the offence, or

• (ii) events closely connected with such events,

• (c) he has previously given an account of the events in question (whether in response to questions asked or otherwise),

• (d) the account was given at a time when those events were fresh in the person’s memory (or would have been, assuming the truth of the claim mentioned in paragraph (b)),

• (e) a video recording was made of the account,

• (f) the court has made a direction that the recording should be admitted as evidence in chief of the witness, and the direction has not been rescinded, and

• (g) the recording is played in the proceedings in accordance with the direction.

• (2) If, or to the extent that, the witness in his oral evidence in the proceedings asserts the truth of the statements made by him in the recorded account, they shall be treated as if made by him in that evidence.

• (3) A direction under subsection (1)(f)—

• (a) may not be made in relation to a recorded account given by the defendant;

• (b) may be made only if it appears to the court that—

• (i) the witness’s recollection of the events in question is likely to have been significantly better when he gave the recorded account than it will be when he gives oral evidence in the proceedings, and

• (ii) it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in subsection (4).

• (4) Those matters are—

• (a) the interval between the time of the events in question and the time when the recorded account was made;

• (b) any other factors that might affect the reliability of what the witness said in that account;

• (c) the quality of the recording;

• (d) any views of the witness as to whether his evidence in chief should be given orally or by means of the recording.

• (5) For the purposes of subsection (2) it does not matter if the statements in the recorded account were not made on oath.

• (6) In this section “prescribed” means of a description specified in an order made by the Secretary of State.

Video evidence: further provisions

138

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The reference in subsection (1)(f) of section 137 to the admission of a recording includes a reference to the admission of part of the recording; and references in that section and this one to the video recording or to the witness’s recorded account shall, where appropriate, be read accordingly.

• (3) In considering whether any part of a recording should be not admitted under section 137, the court must consider—

• (a) whether admitting that part would carry a risk of prejudice to the defendant, and

• (b) if so, whether the interests of justice nevertheless require it to be admitted in view of the desirability of showing the whole, or substantially the whole, of the recorded interview.

• (4) A court may not make a direction under section 137(1)(f) in relation to any proceedings unless—

• (a) the Secretary of State has notified the court that arrangements can be made, in the area in which it appears to the court that the proceedings will take place, for implementing directions under that section, and

• (b) the notice has not been withdrawn.

• (5) Nothing in section 137 affects the admissibility of any video recording which would be admissible apart from that section.

Use of documents to refresh memory

139

• (1) A person giving oral evidence in criminal proceedings about any matter may, at any stage in the course of doing so, refresh his memory of it from a document made or verified by him at an earlier time if—

• (a) he states in his oral evidence that the document records his recollection of the matter at that earlier time, and

• (b) his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.

• (2) Where—

• (a) a person giving oral evidence in criminal proceedings about any matter has previously given an oral account, of which a sound recording was made, and he states in that evidence that the account represented his recollection of the matter at that time,

• (b) his recollection of the matter is likely to have been significantly better at the time of the previous account than it is at the time of his oral evidence, and

• (c) a transcript has been made of the sound recording,

he may, at any stage in the course of giving his evidence, refresh his memory of the matter from that transcript.

Interpretation of Chapter 3

140

In this Chapter—

• “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

• “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;

• “document” means anything in which information of any description is recorded, but not including any recording of sounds or moving images;

• “oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;

• “video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track.

Saving

141

No provision of this Part has effect in relation to criminal proceedings begun before the commencement of that provision.

Part 12 — Sentencing

Chapter 1 — General provisions about sentencing

Matters to be taken into account in sentencing

Purposes of sentencing

142

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Determining the seriousness of an offence

143

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Reduction in sentences for guilty pleas

144

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Increase in sentences for racial or religious aggravation

145

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Increase in sentences for aggravation related to disability or sexual orientation

146

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General restrictions on community sentences

Meaning of “community sentence” etc.

147

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Restrictions on imposing community sentences

148

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Passing of community sentence on offender remanded in custody

149

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Community sentence not available where sentence fixed by law etc.

150

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Community order for persistent offender previously fined

151

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General restrictions on discretionary custodial sentences

General restrictions on imposing discretionary custodial sentences

152

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Length of discretionary custodial sentences: general provision

153

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General limit on magistrates' court’s power to impose imprisonment

General limit on magistrates' court’s power to impose imprisonment

154

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Consecutive terms of imprisonment

155

• (1) Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.

• (2) In subsection (1), for “the words from “the longest” to “being imposed” there is substituted “ 65 weeks ”.

• (3) Subsection (2) is omitted.

• (4) In subsection (3) for “the preceding subsections” there is substituted “ subsection (1) above ”.

Procedural requirements for imposing community sentences and discretionary custodial sentences

Pre-sentence reports and other requirements

156

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Additional requirements in case of mentally disordered offender

157

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Meaning of “pre-sentence report”

158

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Disclosure of pre-sentence reports etc

Disclosure of pre-sentence reports

159

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Other reports of local probation boards and members of youth offending teams

160

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Pre-sentence drug testing

Pre-sentence drug testing

161

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

Fines

Powers to order statement as to offender’s financial circumstances

162

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

General power of Crown Court to fine offender convicted on indictment

163

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

Fixing of fines

164

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

Remission of fines

165

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

Savings for power to mitigate etc

Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders

166

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

Sentencing and allocation guidelines

The Sentencing Guidelines Council

167

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

Sentencing Guidelines Council: supplementary provisions

168

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

The Sentencing Advisory Panel

169

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

Guidelines relating to sentencing and allocation

170

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

Functions of Sentencing Advisory Panel in relation to guidelines

171

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

Duty of court to have regard to sentencing guidelines

172

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

Annual report by Council

173

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

Duty of court to explain sentence

Duty to give reasons for, and explain effect of, sentence

174

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

Publication of information by Secretary of State

Duty to publish information about sentencing

175

In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end of paragraph (a) there is inserted—

(aa) enabling such persons to become aware of the relative effectiveness of different sentences— (i) in preventing re-offending, and (ii) in promoting public confidence in the criminal justice system;

.

Interpretation of Chapter

Interpretation of Chapter 1

176

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

Chapter 2 — Community orders: offenders aged 16 or over

Community orders

177

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

Power to provide for court review of community orders

178

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

Breach, revocation or amendment of community order

179

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

Transfer of community orders to Scotland or Northern Ireland

180

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

Chapter 3 — Suspended sentence orders

Prison sentences of less than 12 months

Prison sentences of less than 12 months

181

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

Licence conditions

182

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

Intermittent custody

Intermittent custody

183

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

Restrictions on power to make intermittent custody order

184

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

Intermittent custody: licence conditions

185

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

Further provisions relating to intermittent custody

186

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

Further provision about custody plus orders and intermittent custody orders

Revocation or amendment of order

187

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

Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland

188

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

Suspended sentences

Suspended sentences of imprisonment

189

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

Imposition of requirements by suspended sentence order

190

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

Power to provide for review of suspended sentence order

191

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

Periodic reviews of suspended sentence order

192

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

Breach, revocation or amendment of suspended sentence order, and effect of further conviction

193

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

Transfer of suspended sentence orders to Scotland or Northern Ireland

194

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

Interpretation of Chapter

Interpretation of Chapter 3

195

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

Chapter 4 — Further provisions about orders under Chapters 2 and 3

Introductory

Meaning of “relevant order”

196

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

Meaning of “the responsible officer”

197

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

Duties of responsible officer

198

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

Requirements available in case of all offenders

Unpaid work requirement

199

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

Obligations of person subject to unpaid work requirement

200

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

Activity requirement

201

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

Programme requirement

202

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

Prohibited activity requirement

203

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

Curfew requirement

204

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

Exclusion requirement

205

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

Residence requirement

206

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

Mental health treatment requirement

207

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

Mental health treatment at place other than that specified in order

208

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

Drug rehabilitation requirement

209

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

Drug rehabilitation requirement: provision for review by court

210

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

Periodic review of drug rehabilitation requirement

211

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

Alcohol treatment requirement

212

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

Supervision requirement

213

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

Requirements available only in case of offenders aged under 25

Attendance centre requirement

214

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

Electronic monitoring

Electronic monitoring requirement

215

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

Provisions applying to relevant orders generally

Petty sessions area to be specified in relevant order

216

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

Requirement to avoid conflict with religious beliefs, etc

217

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

Availability of arrangements in local area

218

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

Provision of copies of relevant orders

219

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

Duty of offender to keep in touch with responsible officer

220

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

Powers of Secretary of State

Provision of attendance centres

221

• (1) The Secretary of State may continue to provide attendance centres.

• (2) In this Part “attendance centre” means a place at which offenders ... may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of—

• (a) attendance centre requirements of relevant orders, or

• (aa) attendance centre requirements of youth rehabilitation orders, within the meaning given by section 173 of the Sentencing Code,

• (b) attendance centre orders under section 60 of the PCC(S)A 2000,

• (c) default orders under section 300 of this Act, or

• (d) youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.

• (3) For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or local policing body for the use of premises of that authority or body.

• (4) In this section “relevant order” means—

• (a) an order under section 177(1) (community order) or 189(1) (suspended sentence order);

• (b) a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.

Rules

222

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

Power to amend limits

223

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

Chapter 5 — Dangerous offenders

Meaning of “specified offence” etc.

224

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

Life sentence or imprisonment for public protection for serious offences

225

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

Detention for life or detention for public protection for serious offences committed by those under 18

226

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

Extended sentence for certain violent or sexual offences: persons 18 or over

227

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

Extended sentence for certain violent or sexual offences: persons under 18

228

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

The assessment of dangerousness

229

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

Imprisonment or detention for public protection: release on licence

230

Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.

Appeals where previous convictions set aside

231

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

Certificates of convictions for purposes of section 229

232

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

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

• (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.

Power of court to recommend licence conditions

Power of court to recommend licence conditions for certain prisoners

238

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

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;

• (c) conferring power on the Board to set aside a decision or direction that is within subsection (5B),

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

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

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

• (c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).

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

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

• (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

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

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

• (c) amend the fraction for the time being specified in subsection (2)(b)(ii) ... .

• (6) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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

• (c) securing the successful re-integration of the prisoner into the community.

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