C10C44Part 12Sentencing
Pt. 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)
C8C15C37C36C45Chapter 6F29 Release, licencesF189, supervision and recall
Pt. 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)
Word 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)
Pt. 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)
Pt. 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)
Pt. 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
Pt. 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
Pt. 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)
Preliminary
I1237Meaning of “fixed-term prisoner” F1etc
1
In this Chapter “fixed-term prisoner” means—
a
a person serving a sentence of imprisonment for a determinate term, or
b
F180and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).
C1F21B
In this Chapter—
a
references to a sentence of imprisonment include such a sentence passed by a service court;
F360aa
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 F253section 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;
F42ba
references to a sentence under section 226A of this Act F248or 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 F249or 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
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 ActF200, and
e
references to a sentence under section 236A of this Act F252or 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
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.
F413
Power of court to recommend licence conditions
F301C37C36238C37C36Power of court to recommend licence conditions for certain prisoners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2239C37C36The Parole Board
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.
F3615A
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.
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 custodyF8or on bail subject to certain types of condition
Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
F49240C8C37C36Crediting of periods of remand in custody: terms of imprisonment and detention
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
240ZAC37C36F35Time remanded in custody to count as time served: terms of imprisonment F354or detention and detention and training orders
1
This section applies where—
a
an offender is serving a term of imprisonment in respect of an offence, and
b
the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.
F3631A
This section also applies where—
a
a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and
b
the offender concerned has been remanded in custody in connection with the offence or a related offence.
1B
In this section any reference to a “sentence”, in relation to an offender, is to—
a
a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or
b
a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).
2
It is immaterial for F365the purposes of subsection (1)(b) or (1A)(b) whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).
3
The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.
But this is subject to subsections (4) to (6).
4
If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.
5
A day counts as time served—
a
in relation to only one sentence, and
b
only once in relation to that sentence.
6
A day is not to count as time served as part of any F183automatic release period served by the offender (see section 255B(1)).
F2946A
Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.
7
For the purposes of this section a suspended sentence—
a
is to be treated as a sentence of imprisonment when it takes effect under F296paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code, and
b
is to be treated as being imposed by the order under which it takes effect.
8
In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.
F3648A
Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—
a
the sentences were imposed on the same occasion, or
b
where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.
9
For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.
10
The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—
a
detention pursuant to any custodial sentence;
b
committal in default of payment of any sum of money;
c
committal for want of sufficient distress to satisfy any sum of money;
d
committal for failure to do or abstain from doing anything required to be done or left undone.
11
This section applies to a determinate sentence of detention under section 91 or 96 F295of the PCC(S)A 2000, under section 250, F313252A, 254, 262, 265 F332, 266 or 268A of the Sentencing Code or under section F58226A, 226B, 227F219, 228 or 236A of this Act as it applies to an equivalent sentence of imprisonment.
C37C36C31C39240AC37C36F9F30Time remanded on bail to count towards time served: terms of imprisonment F355or detention and detention and training orders
1
F256Subsection (2) applies where—
a
b
the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and
c
the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).
C2C3C42
Subject to F51subsections (3A) and (3B), the court must direct that the credit period is to count as time served by the offender as part of the sentence.
F257F503
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2543ZA
Subsection (3ZB) applies where—
a
an offender is serving a term of imprisonment in respect of an offence, and
b
the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.
F3623ZAA
Subsection (3ZB) also applies where—
a
a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and
b
the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.
3ZAB
In this section any reference to a “sentence”, in relation to an offender, is to—
a
a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or
b
a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).
3ZB
Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.
3A
A day of the credit period counts as time served—
a
in relation to only one sentence, and
b
only once in relation to that sentence.
3B
A day of the credit period is not to count as time served as part of any F181automatic release period served by the offender (see section 255B(1)).
F2588
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F54Subsections (7) to (9) and (11) of section 240ZA apply for the purposes of this section as they apply for the purposes of that section but as if—
12
In this section—
F56“curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;
“qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F57...
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3C5241C8C37C36Effect of F31section 240ZA or direction under section 240AF242or under section 325 of the Sentencing Code on release on licence
1
In determining for the purposes of this Chapter F62... whether a person F60to whom section 240ZA applies or a direction under section 240A F297or 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,
F41A
In subsection (1) the reference to F59section 240ZA includes section 246 of the Armed Forces Act 2006.
F632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4242C37C36Interpretation of F32sections 240ZAF5, 240A and 241
1
For the purposes of F32sections 240ZAF5, 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.
C62
References in F32sections 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,
C33b
remanded F64to 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).
F3663
In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.
F65C343
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5C7243C37C36Persons extradited to the United Kingdom
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 F6or 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)F262, 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.
F263F662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A
Section 240ZA applies to days specified under F264section 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.
F73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Unconditional release
S. 243A and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 111(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
C11C12243ADuty to release F187certain prisoners serving less than 12 months
F1721
This section applies to a fixed-term prisoner if—
a
the prisoner is serving a sentence which is for a term of 1 day, or
b
the prisoner—
i
is serving a sentence which is for a term of less than 12 months, and
ii
is aged under 18 on the last day of the requisite custodial period.
1A
This section also applies to a fixed-term prisoner if—
a
the prisoner is serving a sentence which is for a term of less than 12 months, and
b
the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.
F2311B
But this section does not apply to a prisoner to whom section 247A applies.
2
As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.
F3462A
Subsection (2) 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.
3
For the purposes of this section “the requisite custodial period” is—
a
F173in relation to a person serving one sentence, one-half of the sentence, and
b
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F367264(2B) or (2E).
4
This section is subject to—
a
section 256B (supervision of young offenders after release), and
b
paragraph 8 of Schedule 20B (transitional cases).
Release on licence
I6244C37C36C45Duty to release prisoners F353not subject to special provision for release
1
As soon as a fixed-term prisoner, other than a prisoner to whom section F72243AF220, F369244ZA, 244AF75, 246AF233, 247 or 247A applies, has served the requisite custodial period F73for the purposes of this section, it is the duty of the Secretary of State to release him on licence under this section.
F3471ZA
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.
F671A
Subsection (1) does not apply if the prisoner has been released on licence under section 246 F174or 248 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).
F742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F70For the purposes of this section “the requisite custodial period” means—
F69b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F684
This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).
244ZAF356Release on licence of certain violent or sexual offenders
1
As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section.
2
This section applies to a prisoner who—
a
is serving a fixed-term sentence within subsection (4), (5) or (6),
b
is not a prisoner to whom section 244A, 246A or 247A applies, and
c
has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C).
3
Subsection (1) does not apply if—
a
the prisoner’s case has been referred to the Board under section 244ZB, or
b
a notice given to the prisoner under subsection (4) of that section is in force.
4
A fixed-term sentence is within this subsection if it—
a
is a sentence of—
i
imprisonment, or
ii
detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,
b
is for a term of 7 years or more,
c
was imposed on or after 1 April 2020, and
d
was imposed in respect of an offence—
i
that is specified in Part 1 or 2 of Schedule 15, and
ii
for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.
5
A fixed-term sentence is within this subsection if it—
a
is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,
b
is for a term of at least 4 years but less than 7 years,
c
was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
d
was imposed in respect of an offence within subsection (7).
6
A fixed-term sentence is within this subsection if it—
a
is a sentence of detention under section 250 of the Sentencing Code,
b
is for a term of 7 years or more,
c
was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
d
was imposed in respect of an offence within subsection (7).
7
An offence is within this subsection if—
a
it is specified in any of the following paragraphs of Part 1 of Schedule 15—
i
paragraph 1 (manslaughter);
ii
paragraph 4 (soliciting murder);
iii
paragraph 6 (wounding with intent to cause grievous bodily harm);
iv
paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;
v
paragraph 65 (inchoate offences in relation to murder), or
b
it is an offence—
i
that is specified in Part 2 of that Schedule (sexual offences), and
ii
for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.
8
For the purposes of this section “the requisite custodial period” means—
a
in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and
b
in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).
244ZBF345Referral of high-risk offenders to Parole Board in place of automatic release
1
This section applies to a prisoner who—
a
would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and
b
is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.
2
For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—
a
murder;
b
specified offences, within the meaning of section 306 of the Sentencing Code.
3
If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.
4
Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).
5
6
A notice given under subsection (4) must explain—
b
why the Secretary of State is of the requisite opinion, and
c
the prisoner’s right to make representations (see subsection (12)).
7
A notice given under subsection (4)—
a
takes effect at whichever is the earlier of—
i
the time when it is received by the prisoner, and
ii
the time when it would ordinarily be received by the prisoner, and
b
remains in force until—
i
the Secretary of State refers the prisoner’s case to the Board under this section, or
ii
the notice is revoked.
8
The Secretary of State—
a
may revoke a notice given under subsection (4), and
b
must do so if the Secretary of State is no longer of the requisite opinion.
9
If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)—
a
the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and
b
the High Court, if satisfied that that ground is made out, must by order revoke the notice.
10
At any time before the Board disposes of a reference under this section, the Secretary of State—
a
may rescind the reference, and
b
must do so if the Secretary of State is no longer of the requisite opinion.
11
If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).
12
The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.
But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.
244ZCProceedings following reference under section 244ZB
1
This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.
2
If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.
3
It is the duty of the Secretary of State to release the prisoner on licence as soon as—
a
the prisoner has served the requisite custodial period, and
b
the Board has directed the release of the prisoner under this section.
4
5
The Board must not subsequently give a direction under subsection (3) unless—
a
the Secretary of State has referred the prisoner’s case to the Board under subsection (2), and
b
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
6
244AC37C36C45F204Release on licence of prisoners serving sentence under F243section 278 of the Sentencing Code etc
1
2
The Secretary of State must refer P's case to the Board—
a
as soon as P has served the requisite custodial period, and
b
where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.
3
It is the duty of the Secretary of State to release P on licence under this section as soon as—
a
P has served the requisite custodial period, and
b
the Board has directed P's release under this section.
4
The Board must not give a direction under subsection (3) unless—
a
the Secretary of State has referred P's case to the Board, and
b
the Board is satisfied that it is not necessary for the protection of the public that P should be confined.
5
It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C).
6
For the purposes of this section—
“the appropriate custodial term” means the term determined as such by the court under section 236A F300or under section 265 or 278 of the Sentencing Code;
“the requisite custodial period” means—
- a
in relation to a person serving one sentence F370imposed 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,
- aa
F371in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term, and
- b
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F372264(2D).
- a
F76245C37C36C45Restrictions on operation of section 244(1) in relation to intermittent custody prisoners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7C37C36C35246C37C36C45Power to release prisoners on licence before required to do so
1
Subject to subsections (2) to (4), the Secretary of State may—
a
F88b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F10and
b
he has served—
i
at least 4 weeks of that period, and
ii
at least one-half of that period.
F903
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subsection (1) does not apply where—
a
F86aa
the sentence is for a term of 4 years or more,
F235ab
the prisoner is one to whom section 247A applies,
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 F282, 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,
F348fa
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
F194ga
the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 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);
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, F152...
F87ha
the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of F281the PCC(S)A 2000, or
i
in the case of a prisoner F84to whom section 240ZA applies or a direction under section 240A F279or 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 F85... .
F774ZA
Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—
a
if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;
b
if the terms are to be served consecutively, a reference to the aggregate of the terms.
F114A
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 F94section 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) F95... 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) F96... .
6
In this section—
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the requisite custodial period” in relation to a person serving any sentence F80... , has the meaning given by F82paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) F80... or (d) of section 244(3);
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of F278the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code or under section F83226A, 226B, 227 F193, 228 or 236A of this Act.
246AC37C36C45F37Release on licence of prisoners serving extended sentence under F244section 254, 266 or 279 of the Sentencing Code etc
1
2
It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section F208if—
a
the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,
b
the appropriate custodial term is less than 10 years, and
c
the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.
3
F207In any other case, it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).
4
The Secretary of State must refer P's case to the Board—
a
as soon as P has served the requisite custodial period, and
b
where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.
5
It is the duty of the Secretary of State to release P on licence under this section as soon as—
a
P has served the requisite custodial period, and
b
the Board has directed P's release under this section.
6
The Board must not give a direction under subsection (5) unless—
a
the Secretary of State has referred P's case to the Board, and
b
the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.
F3116A
Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P.
7
It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).
8
For the purposes of this section—
“appropriate custodial term” means the term determined as such by the court under section 226A or 226B F289or under section 254, 266 or 279 of the Sentencing Code (as appropriate);
“the requisite custodial period” means—
- a
in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and
- b
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F373264(2B), (2D) or (2E).
- a
246BC45F310Manslaughter: prisoner's non-disclosure of information
1
The Board must comply with this section when making a public protection decision about a prisoner if—
a
the prisoner's sentence was passed for manslaughter;
b
the Board does not know where and how the victim's remains were disposed of; and
c
the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).
2
When making the public protection decision about the prisoner, the Board must take into account—
a
the prisoner's non-disclosure; and
b
the reasons, in the Board's view, for the prisoner's non-disclosure.
3
This section does not limit the matters which the Board must or may take into account when making a public protection decision.
4
In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.
5
In this section, in relation to a prisoner—
“public protection decision” means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;
“victim” means the victim of the offence for which the prisoner's sentence was passed;
and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.
246CC45F310Indecent images: prisoner's non-disclosure of information
1
The Board must comply with this section when making a public protection decision about a prisoner if—
a
the prisoner's sentence was passed for—
i
an offence of taking an indecent photograph of a child, or
ii
a relevant offence of making an indecent pseudo-photograph of a child;
b
the Board does not know the identity of the child who is the subject of the relevant indecent image; and
c
the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).
2
When making the public protection decision about the prisoner, the Board must take into account—
a
the prisoner's non-disclosure; and
b
the reasons, in the Board's view, for the prisoner's non-disclosure.
3
This section does not limit the matters which the Board must or may take into account when making a public protection decision.
4
In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.
5
For the purposes of this section, an offence is—
a
an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;
b
a “relevant offence of making an indecent pseudo-photograph of a child” if—
i
it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and
ii
the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;
and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.
6
In this section—
“public protection decision”, in relation to a prisoner, means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;
“relevant indecent image” means—
- a
the photograph to which an offence of taking an indecent photograph of a child relates, or
- b
the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.
- a
I8247C37C36C45Release on licence of prisoner serving extended sentence under section 227 or 228
1
This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228F237, other than a prisoner to whom section 247A applies.
2
As soon as—
b
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it is the duty of the Secretary of State to release him on licence.
3
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2107
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—
- a
in relation to a person serving one sentence, one-half of the appropriate custodial term, and
- b
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F374264(2B) or (2E).
- a
F978
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).
247AC37C36C45F232Restricted eligibility for release on licence of terrorist prisoners
1
This section applies to a prisoner (a “terrorist prisoner”) who—
a
is serving a fixed-term sentence imposed (whether before or after this section comes into force) in respect of an offence within subsection (2), and
b
has not been released on licence.
2
An offence is within this subsection (F316whenever it was committed) if—
F334a
it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),
F317b
it is a service offence as respects which the corresponding civil offence is so specified, or
c
it was determined to have a terrorist connection.
F3332A
Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—
a
under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders),
b
on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and
c
in respect of an offence that—
i
is specified in Part 1 of Schedule 19ZA (terrorism offences punishable with imprisonment for life),
ii
is a service offence as respects which the corresponding civil offence is so specified,
iii
is specified in Part 3 of that Schedule (other offences punishable with imprisonment for life) and was determined to have a terrorist connection, or
iv
is a service offence as respects which the corresponding civil offence is so specified, and was determined to have a terrorist connection.
3
It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board—
a
as soon as the prisoner has served the requisite custodial period, and
b
where there has been a previous reference of the prisoner's case to the Board under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference.
4
It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as—
a
the prisoner has served the requisite custodial period, and
b
the Board has directed the release of the prisoner under this section.
5
The Board must not give a direction under subsection (4) unless—
a
the Secretary of State has referred the terrorist prisoner's case to the Board, and
b
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
6
7
It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254).
F3187A
For the purposes of this section, an offence was determined to have a terrorist connection if it was—
a
determined to have a terrorist connection under—
i
section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),
ii
section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now subject to the provisions of this Chapter), or
iii
section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or
b
proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).
8
For the purposes of this section—
“the appropriate custodial term”, in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A, F284or under section F315252A, 254, 265, 266, F336268A, 278, 279 or 282A of the Sentencing Code, means the term determined as such by the court under that provision;
“the requisite custodial period” means—
- a
in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, F284or under section F315252A, 254, 265, 266, 278 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term,
- b
in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and
- c
in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and F375264(2B), (2D) or (2E);
- a
“service offence”, F319and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).
9
For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if—
a
it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial F320period (within the meaning of this section, not section 244A), or
b
it was made under section 246A(4).
10
Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force.
F32110A
In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.
11
This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).
I9248C37C36C45Power to release prisoners on compassionate grounds
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.
F982
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10249C37C36C45Duration of licence
1
F991A
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).
F1062
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F1074
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1005
This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).
I11250C37C36C45Licence conditions
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.
F1142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1082A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F111... (including F111... a sentence imposed under section F112226AF197, 227 or 236AF276or under section 278 F337, 279 or 282A of the Sentencing Code) or any sentence of detention under section 91 F109or 96 of F277the PCC(S)A 2000, under section 250, F323252A, 254, 262, 265 F338, 266 or 268A of the Sentencing Code or under section F113226A, 226B,F110227 F198, 228 or 236A of this Act—
a
must include the standard conditions,
F199aa
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
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.
F2754A
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.
F3765A
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.
F3225BA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1787
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F3779
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F117I12251C37C36C45Licence conditions on re-release of prisoner serving sentence of less than 12 months
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I13252C37C36C45Duty to comply with licence conditions
F181
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.
F192
But where—
a
the licence relates to a sentence of imprisonment passed by a service court, F118and
F119b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the person is residing outside the British Islands,
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.
I14253C37C36C45Curfew condition to be included in licence under section 246F34, 255B or 255C
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 F20section 13 of the Offender Management Act 2007 (c.21)), and
b
includes F211a 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 F120unconditionally under section 243A or on licence under section 244.
F1214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
I15254Recall of prisoners while on licence
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.
F1222A
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.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
7
Nothing in F22this section applies in relation to a person recalled under section 255.
I16255Recall of prisoners released early under section 246
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 F184the 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 F123subsection (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.
255ZAF205Offence of remaining unlawfully at large after recall
1
A person recalled to prison under section 254 or 255 commits an offence if the person—
a
has been notified of the recall orally or in writing, and
b
while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.
2
A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
written notice of the recall has been delivered to an appropriate address, and
b
a period specified in the notice has elapsed.
3
In subsection (2) “an appropriate address” means—
a
an address at which, under the person's licence, the person is permitted to reside or stay, or
b
an address nominated, in accordance with the person's licence, for the purposes of this section.
4
A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
b
the person has failed to comply with such an instruction, and
c
the person has not complied with such an instruction for at least 6 months.
5
A person who is guilty of an offence under this section is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
b
on summary conviction to imprisonment for a term not exceeding F406the general limit in a magistrates’ court or a fine (or both).
6
7
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
F33Further release after recall
S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F33255AC37C36Further release after recall: introductory
1
This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.
2
The Secretary of State must, on recalling a person other than an extended sentence prisoner F349, a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB, consider whether the person is suitable for automatic release.
F1663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4104
A person is suitable for automatic release only if—
a
the person—
i
is aged 18 or over,
ii
is serving a sentence of less than 12 months,
iii
has not been recalled on account of being charged with a serious offence, and
iv
is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or
b
where paragraph (a) does not apply, the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of the automatic release period.
4A
For the purposes of subsection (4) “serious offence” means—
a
murder, or
b
an offence listed in Schedule 18 to the Sentencing Code.
5
The person must be dealt with—
a
in accordance with section 255B if suitable for automatic release;
b
in accordance with section 255C otherwise.
F167but that is subject, where applicable, to section 243A(2) (unconditional release).
6
For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
C327
An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—
F286aa
section 254, 266 or 279 of the Sentencing Code, or
b
section 85 of F287the PCC(S)A 2000;
and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to F287the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.
F3397A
A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code.
F1658
Automatic release” means release at the end of the automatic release period.
9
In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—
a
where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;
b
where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.
10
In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—
a
the period described in subsection (9)(a) or (b) (as appropriate);
b
the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.
F33255BC37C36Automatic release
1
A prisoner who is suitable for automatic release (“P”) must—
a
on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and
b
at the end of F190the automatic release period (as defined in section 255A(9) and (10)), be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).
2
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
3
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
4
If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.
F3784A
The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
5
Where on a reference under subsection (4) the Board directs P's F379... release on licence under this Chapter, the Secretary of State must give effect to the direction.
6
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
7
Where this subsection applies—
a
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
b
P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
8
Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).
9
If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—
a
the Secretary of State must inform P that he or she will not be released under this section, and
b
section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.
F41110
Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(4A)).
F33255CC37C36F329Prisoners not suitable for automatic release
1
This section applies to a prisoner (“P”) F350—
a
whose suitability for automatic release does not have to be considered under section 255A(2), or
b
who is not considered suitable for automatic release.
2
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
3
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.
4
The Secretary of State must refer P's case to the Board—
a
if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or
b
if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.
F3804A
The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison.
5
Where on a reference under subsection (4) the Board directs P's F381... release on licence under this Chapter, the Secretary of State must give effect to the direction.
6
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
7
Where this subsection applies—
a
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
b
P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
8
For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
F382256Review by the Board
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
256AC37C36F23Further review
F3831
This section applies to a person if—
a
there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and
b
the person has not been released.
1A
The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).
1B
Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.
2
The Secretary of State may, at any time before F385the review date, refer the person's case to the Board.
3
The Board may at any time recommend to the Secretary of State that F386the person’s case be referred under subsection (2).
F3844
The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.
5
Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.
256AZAF357Release after recall where further sentence being served
1
This section applies where a person (“the offender”) is serving two or more terms of imprisonment.
2
Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others.
3
Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—
a
to refer the offender’s case to the Board, or
b
to release the offender,
in respect of each of the others.
4
If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence—
a
until the last date on which the offender is required to be on licence in respect of any of the terms, and
b
subject to such conditions as are required by this Chapter in respect of any of the sentences.
5
This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment—
a
section 91 or 96 of the PCC(S)A 2000;
b
section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code;
c
section 226A, 226B, 227, 228 or 236A of this Act.
256AZBF358Power to change test for release following recall
1
The Secretary of State may by order change—
a
the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;
b
the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);
c
the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).
2
An order under subsection (1) may in particular—
a
apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);
b
amend this Chapter.
F405Release at the direction of the Board
S. 256AZC and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 139(2)(c), 208(1); S.I. 2022/520, reg. 5(o)
256AZCRelease at direction of Parole Board: timing
1
This section applies where the Board directs the release of a person on licence under this Chapter.
2
The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter.
3
The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b).
F154Supervision of offenders
S. 256AA and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)
C18C19C17256AAC37C36Supervision after end of sentence of prisoners serving less than 2 years
1
This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—
a
the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),
b
the sentence was an extended sentence imposed under F291section 254, 266 or 279 of the Sentencing Code,
F238bb
section 247A applied to the offender in respect of the sentence, or
c
the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.
C302
The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—
a
in legal custody,
b
subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or
c
subject to DTO supervision.
C303
The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).
C304
“The supervision period” is the period which—
a
begins on the expiry of the sentence, and
b
ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)).
C305
The purpose of the supervision period is the rehabilitation of the offender.
C306
The Secretary of State must have regard to that purpose when specifying requirements under this section.
C307
The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.
C308
In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.
C309
In relation to a person subject to supervision requirements under this section following a sentence of detention under F292section 250 of the Sentencing Code, the supervisor must be—
a
an officer of a provider of probation services, or
b
a member of the youth offending team established by the local authority in whose area the offender resides for the time being.
C3010
In relation to any other person, the supervisor must be an officer of a provider of probation services.
C3011
In this section “DTO supervision” means supervision under—
a
a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or
b
an order under F293paragraph 3(2)(b) of Schedule 12 to the Sentencing Code (breach of supervision requirements of detention and training order).
12
This section has effect subject to section 264(3C)(b) and (3D).
C18C19C16C40C37C36256ABC37C36F155Supervision requirements under section 256AA
1
The only requirements that the Secretary of State may specify in a notice under section 256AA are—
a
a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;
b
a requirement not to commit any offence;
c
a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;
d
a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;
e
a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;
f
a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;
g
a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);
h
a requirement to participate in activities in accordance with any instructions given by the supervisor;
i
a drug testing requirement (see section 256D);
j
a drug appointment requirement (see section 256E).
2
Where a requirement is imposed under subsection (1)(h), F302paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies in relation to the requirement (reading references to the responsible officer as references to the supervisor).
3
Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).
C384
The Secretary of State may by order—
a
add requirements that may be specified in a notice under section 256AA,
b
remove or amend such requirements,
c
make provision about such requirements, including about the circumstances in which they may be imposed, and
d
make provision about instructions given for the purposes of such requirements.
5
An order under subsection (4) may amend this Act.
6
In this section “work” includes paid and unpaid work.
C18C19C20C41C37C36256ACC37C36F156Breach of supervision requirements imposed under section 256AA
1
Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, the justice may—
a
issue a summons requiring the offender to appear at the place and time specified in the summons, or
b
if the information is in writing and on oath, issue a warrant for the offender's arrest.
2
Any summons or warrant issued under this section must direct the person to appear or be brought—
a
before a magistrates' court acting for the local justice area in which the offender resides, or
b
if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant.
3
Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest.
4
If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—
a
order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),
b
order the person to pay a fine not exceeding level 3 on the standard scale, or
5
F274Paragraph 10(3) of Schedule 9 to the Sentencing Code (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.
6
If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.
7
Where the person is under the age of 21—
a
an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but
b
the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
8
A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.
9
A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
10
In Schedule 19A (supervision default orders)—
a
Part 1 makes provision about requirements of supervision default orders, and
b
Part 2 makes provision about the breach, revocation and amendment of supervision default orders.
F27010A
Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.
11
A person dealt with under this section may appeal to the Crown Court againstF213—
a
the order made by the court F214under this section, and
b
an order made by the court under F271section 46 of the Sentencing Code (criminal courts charge) when dealing with the person under this section.
F185F38...
S. 256B cross-heading omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 19 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Ss. 256B, 256C and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 115, 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
C18256BC37C36F188Supervision after release of certain young offenders serving less than 12 months
F1591
This section applies where a person (“the offender”) is released under this Chapter if—
a
the person is, at the time of the release, serving a sentence of detention under F303section 250 of the Sentencing Code which is for a term of less than 12 months, and
b
the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).
1A
This section also applies where a person (“the offender”) is released under this Chapter if—
a
the person is, at the time of the release, serving a sentence of detention under F304section 250 or 262 of the Sentencing Code which is for a term of less than 12 months, and
b
the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.
F2391B
But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.
2
The offender is to be under the supervision of—
a
an officer of a provider of probation services,
b
a social worker of a local authority, or
c
F160... a member of the youth offending team.
3
Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.
4
Where the supervision is to be provided by—
a
a social worker of a local authority, or
b
a member of a youth offending team,
the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
5
The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).
6
During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
7
The requirements that may be specified in a notice under subsection (6) include—
a
requirements F215to submit to electronic monitoring of the offender's compliance with any other requirements specified in the notice;
b
requirements F216to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);
F161c
where the offender is aged 18 or over—
i
drug testing requirements (see section 256D);
ii
drug appointment requirements (see section 256E).
F1587A
Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).
F1628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1639
The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).
F16410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C18256CC37C36Breach of supervision requirements F186imposed under section 256B
1
Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—
a
issue a summons requiring the offender to appear at the place and time specified in the summons, or
b
if the information is in writing and on oath, issue a warrant for the offender's arrest.
2
Any summons or warrant issued under this section must direct the offender to appear or be brought—
a
before a court acting for the local justice area in which the offender resides, or
b
if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.
3
Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.
4
If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—
a
order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or
b
F191order the offender to pay a fine not exceeding level 3 on the standard scale.
5
An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.
6
A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
7
An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).
8
In this section “court” means—
a
if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;
b
if the offender is under the age of 18 years at the date of release, a youth court.
C18C21C22C42C37C36256DC37C36F157Drug testing requirements
1
“Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body.
2
A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—
a
the Secretary of State is satisfied of the matters in subsection (3), and
b
the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement.
3
Those matters are—
a
that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and
b
that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.
4
An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State.
5
The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.
6
In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
C18C23C24C43C37C36256EC37C36Drug appointment requirements
1
“Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.
2
A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—
a
the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and
b
the Secretary of State is satisfied of the matters in subsection (3).
3
Those matters are—
a
that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,
b
that the offender is dependent on, or has a propensity to misuse, a controlled drug,
c
that the dependency or propensity requires, and may be susceptible to, treatment, and
d
that arrangements have been made, or can be made, for the offender to have treatment.
4
The requirement must specify—
a
the person with whom the offender is to meet or under whose direction the appointments are to take place, and
b
where the appointments are to take place.
5
The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.
6
The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—
a
the duration of each appointment, and
b
when each appointment is to take place.
7
For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.
8
In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.
Additional days
I17257Additional days for disciplinary offences
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
I24c
any period for which a licence granted to him under this Chapter remains in force,
is extended by the aggregate of those additional days.
Fine defaulters and contemnors
I18C9C9258Early release of fine defaulters and contemnors
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.
F1262A
Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).
F2252B
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 F127or 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.
F1253A
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
I19259Persons liable to removal from the United Kingdom
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,
c
he has been notified of a decision to refuse him leave to enter the United Kingdom,
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).
259AF26Persons eligible for removal from the United Kingdom
1
For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.
2
The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.
3
The person must not be one who is liable to removal from the United Kingdom.
I20260Early removal of prisoners liable to removal from United Kingdom
F3871
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
one half of the requisite custodial period, and
b
the requisite custodial period less F409545 days.
F2272C
F392Subsection (1) does do not apply in relation to a prisoner to whom section 247A applies.
F243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F253A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F389b
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.
F3884A
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).
F3915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Secretary of State may by order—
F390a
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).
F2067
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1298
Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.
F2289
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.
261F393Removal under section 260 and subsequent return to UK: effect on sentence
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
c
returns to the United Kingdom,
this Chapter applies to the person with the modifications set out in Schedule 19B.
F130262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consecutive or concurrent terms
I21263Concurrent terms
1
This section applies where—
a
a person (“the offender”) has been sentenced F27. . . 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,
F395aza
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,
F132aa
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
c
on and after his release under this Chapter F135(unless that release is unconditional) the offender is to be on licenceF140—
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.
F3942A
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.
F1363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1315
This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).
I22264Consecutive terms
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, F142...
F142c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3962A
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.
F1923B
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.
F1434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2176
a
in relation to an extended sentence imposed under section 226A or 226B F265or 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 F267or under section 265 or 278 of the Sentencing CodeF402before 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
F398ca
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,
F399cb
in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,
C29d
in relation to any other sentence, one-half of the sentence.
F2296A
In this section “F401minimum custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—
F343za
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 F344(not being one to which paragraph (za) applies) imposed under section 226A, 226B, 227 or F268228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section F269236A of this Act or section F326252A, 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.
F3976B
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 F144or 96 of F266the PCC(S)A 2000, under section 250, F327252A, 254, 262, 265 F342, 266 or 268A of the Sentencing Code or under section F147226A, 226B,F145227 F218, 228 or 236A of this Act as it applies to a term of imprisonment F146... .
F1418
This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).
F148264AConsecutive terms: intermittent custody
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
264AAF241Consecutive terms: detention and training orders
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.
F4031A
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 F328or 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.
C25C26C27264BF182Consecutive terms: supplementary
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.
Restriction on consecutive sentences for released prisoners
F307C37C36265Restriction on consecutive sentences for released prisoners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Drug testing requirements
F149266Release on licence etc: drug testing requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
267Alteration by order of relevant proportion of sentence
The Secretary of State may by order provide that any reference in F150section 243A(3)(a), section 244(3)(a), section 247(2) or F226section 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.
C13267AF39Application of Chapter 6 to pre-4 April 2005 cases
Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.
C14267BF40Modification of Chapter 6 in certain transitional cases
Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.
267CF359Fixed-term prisoners also serving life sentence
1
This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.
2
Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.
3
Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—
a
refer the prisoner’s case to the Board, or
b
release the prisoner.
4
The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.
5
6
In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.
I23268Interpretation of Chapter 6
F1691
In this Chapter —
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);
“the Board” means the Parole Board;
F170“fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) F28(as extended by section 237(1B));
F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F171“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);
F171“supervision default order” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;
F171“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);
F171“the supervisor”—
- (a)
in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section, and
- (b)
in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section;
- (a)
F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2241A
In this Chapter, “the requisite custodial period” means F240(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 F308or 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 F309or under section 265 or 278 of the Sentencing Code, the requisite custodial period for the purposes of section 244A;
F352ca
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 F404, 244 or 244ZA (as appropriate).
F1682
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.
Pt. 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