The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024
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3 Modification of sections 243A, 244 and 264 of the Criminal Justice Act 2003
(1) Subject to paragraphs (4) to (6), in section 243A of the 2003 Act (duty to release certain prisoners serving less than 12 months) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence. (2) Subject to paragraphs (4) to (6), in section 244 of the 2003 Act (duty to release certain prisoners not subject to special provision for release) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence. (3) Subject to paragraphs (4) to (6), in section 264 of the 2003 Act (consecutive terms) the reference in subsection (6)(d) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence. (4) Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(a)(ii) if the person serving the sentence was not in custody or detention pursuant to the sentence on 10th September 2024— (a) having been released under section 246 (power to release on licence) or 248 (power to release on compassionate grounds) of the 2003 Act, or (b) having been removed from prison under section 260 of that Act (early removal of prisoners liable to removal from UK). (5) Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024— (a) having been released under section 246 or 248 of the 2003 Act, or (b) having been removed from prison under section 260 of that Act. (6) Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is— (a) a sentence for an offence listed in the Schedule to this Order, or (b) a sentence of 4 years or more for an offence listed in Part 1 of Schedule 15 to the 2003 Act. (7) The reference in paragraph (6)(a) to an offence (“offence A”) includes— (a) an offence of attempting to commit offence A; (b) an offence of conspiracy to commit offence A; (c) an offence of incitement to commit offence A; (d) an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person subject to the sentence intended or believed would be committed; (e) an offence of aiding, abetting, counselling or procuring the commission of offence A. (7A) References in paragraph (7)(a) to (e) to offence A do not include the offence of murder. (8) A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes— (a) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence B, and (b) an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence B, and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.
3 Modification of sections 243A, 244 and 264 of the Criminal Justice Act 2003
(1) Subject to paragraphs (4) to (6), in section 243A of the 2003 Act (duty to release certain prisoners serving less than 12 months) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence. (2) Subject to paragraphs (4) to (6), in section 244 of the 2003 Act (duty to release certain prisoners not subject to special provision for release) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence. (3) Subject to paragraphs (4) to (6), in section 264 of the 2003 Act (consecutive terms) the reference in subsection (6)(d) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence. (4) Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(a)(ii) if the person serving the sentence was not in custody or detention pursuant to the sentence on 10th September 2024— (a) having been released under section 246 (power to release on licence) or 248 (power to release on compassionate grounds) of the 2003 Act, or (b) having been removed from prison under section 260 of that Act (early removal of prisoners liable to removal from UK). (5) Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024— (a) having been released under section 246 or 248 of the 2003 Act, or (b) having been removed from prison under section 260 of that Act. (6) Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is— (a) a sentence for an offence listed in the Schedule to this Order, or (b) a sentence of 4 years or more for an offence listed in Part 1 of Schedule 15 to the 2003 Act. (7) The reference in paragraph (6)(a) to an offence (“offence A”) includes— (a) an offence of attempting to commit offence A; (b) an offence of conspiracy to commit offence A; (c) an offence of incitement to commit offence A; (d) an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person subject to the sentence intended or believed would be committed; (e) an offence of aiding, abetting, counselling or procuring the commission of offence A. (7A) References in paragraph (7)(a) to (e) to offence A do not include the offence of murder. (8) A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes— (a) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence B, and (b) an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence B, and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.
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