C2C6Part 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)
C1C3C5C4C7Chapter 6F1 Release, licencesF2, 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)
Release on licence
244ZAF3Release 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).
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