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)
Textual Amendments
F1Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
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)
C4Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
C5Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C6Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C7Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
(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.
[F3(2A)Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).]
[F4(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 [F5or 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.
[F6(3A)The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of [F7the PCC(S)A 2000, under section 250 [F8, 252A], 254, 262, 265 [F9, 266 or 268A] of the Sentencing Code] or under section [F10226A, 226B,] 227 [F11, 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.
Textual Amendments
F3S. 258(2A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 5(2); S.I. 2012/2906, art. 2(o)
F4S. 258(2B)(2C) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(3), 88(1) (with s. 86(2)); S.I. 2015/820, reg. 3(g)
F5Words in s. 258(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 5(3); S.I. 2012/2906, art. 2(o)
F6S. 258(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F7Words in s. 258(3A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 233 (with Sch. 27); S.I. 2020/1236, reg. 2
F8Word in s. 258(3A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(6)
F9Words in s. 258(3A) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(8)
F10Words in s. 258(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 8; S.I. 2012/2906, art. 2(r)
F11Words in s. 258(3A) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 19; S.I. 2015/778, art. 3, Sch. 1 para. 72
Modifications etc. (not altering text)
C8S. 258 extended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(2), 151(1); S.I. 2012/2906, art. 2(d)
Commencement Information
I1S. 258 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)