xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 12U.K.Sentencing

Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 6E+W [F1 Release, licences[F2, supervision] and recall ]

Textual Amendments

F2Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C3Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Consecutive or concurrent termsE+W

263Concurrent termsE+W

(1)This section applies where—

(a)a person (“the offender”) has been sentenced F3. . . 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,

[F4(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,]

[F5(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)[F6section 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 [F7to which that section applies],

(c)on and after his release under this Chapter [F8(unless that release is unconditional)] the offender is to be on licence[F9—

(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.

[F10(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.]

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “term of imprisonment” includes a determinate sentence of detention under section 91 [F12or 96] of [F13the PCC(S)A 2000, under section 250, [F14252A,] 254, 262, 265 [F15, 266 or 268A] of the Sentencing Code] or under section [F16226A, 226B,] [F17227 ] [F18, 228 or 236A] of this Act.

[F19(5)This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).]

Textual Amendments

F3Words in s. 263(1)(a) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 226, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F13Words in s. 263(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 235 (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1S. 263 wholly in force at 4.4.2005; s. 263 not in force at Royal Assent, see s. 336(3); s. 263 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 263 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

264Consecutive termsE+W

(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, F20...

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(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.]

[F22(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.]

F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(6)In this section “ [F25minimum] custodial period”[F26, except if subsection (6A) applies,] means—

(a)in relation to an extended sentence imposed under section 226A or 226B [F27or 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 [F28or under section 265 or 278 of the Sentencing Code] [F29before 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

[F30(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,]

[F31(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.]

[F32(6A)In this section “[F33minimum] custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

[F34(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 [F35(not being one to which paragraph (za) applies)] imposed under section 226A, 226B, 227 or [F36228 of this Act or section 254, 266 or 279 of the Sentencing Code,] or a sentence imposed under section [F37236A of this Act or section [F38252A, 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.]

[F39(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 [F40or 96] of [F41the PCC(S)A 2000, under section 250, [F42252A,] 254, 262, 265 [F43, 266 or 268A] of the Sentencing Code] or under section [F44226A, 226B,] [F45227 ] [F46, 228 or 236A] of this Act as it applies to a term of imprisonment F47... .

[F48(8)This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).]

Textual Amendments

F22S. 264(3B)-(3E) substituted for s. 264(3)(3A) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)

F27Words in s. 264(6)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F28Words in s. 264(6)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F36Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F37Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F41Words in s. 264(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(4) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I2S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

F49264AConsecutive terms: intermittent custodyE+W

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

Textual Amendments

[F50264AAConsecutive terms: detention and training ordersE+W

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

[F51(1A)In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.]

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

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

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

(c)sub-paragraph (3) of paragraph 15 of Schedule 20B,

is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section [F52or paragraph].

(3)In this section—

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

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

Textual Amendments

[F53264BConsecutive terms: supplementaryE+W

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

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

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

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

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

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

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

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

Textual Amendments

Modifications etc. (not altering text)

C9S. 264B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C10S. 264B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C11S. 264B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))