Law

Criminal Justice Act 2003

United Kingdom · statute

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In force since 2026-11-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 413 provisions

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413 provisions

240 Crediting of periods of remand in custody: terms of imprisonment and detention

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240ZA Time remanded in custody to count as time served: terms of imprisonment or 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. (1A) 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 the 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 automatic release period served by the offender (see section 255B(1) or 255BA(1)). (6A) 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 paragraph 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. (8A) 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 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227, 228 or 236A of this Act as it applies to an equivalent sentence of imprisonment.

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240A Time remanded on bail to count towards time served: terms of imprisonment or detention and detention and training orders

(1) Subsection (2) applies where— (a) a court sentences an offender to imprisonment for a term in respect of an offence of which the offender was convicted before 1 December 2020 ... , (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”). (2) Subject to subsections (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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3ZA) 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. (3ZAA) 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 automatic release period served by the offender (see section 255B(1) or 255BA(1)). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Subsections (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— (a) in subsection (7)— (i) the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the PCC(S)A 2000 relates; (ii) in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the PCC(S)A 2000; and (b) in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to subsections (2) and (3ZB) of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991. (12) In this section— “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; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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241 Effect of section 240ZA or direction under section 240A or under section 325 of the Sentencing Code on release on licence

(1) In determining for the purposes of this Chapter ... whether a person to whom section 240ZA applies or a direction under section 240A or 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, the number of days specified in section 240ZA or in the direction under section 240A or under section 325 of the Sentencing Code are to be treated as having been served by him as part of that sentence or period. (1A) In subsection (1) the reference to section 240ZA includes section 246 of the Armed Forces Act 2006. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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242 Interpretation of sections 240ZA, 240A and 241

(1) For the purposes of sections 240ZA, 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. (2) References in sections 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, (b) remanded to 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). (3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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243 Persons 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 or 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), 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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) Section 240ZA applies to days specified under section 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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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243A Duty to release certain prisoners serving less than 12 months

(1) 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, (i) is serving a sentence under section 250 of the Sentencing Code which is for a term of more than 1 day but 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, (a) the prisoner is serving a sentence under section 250 of the Sentencing Code which is for a term of more than 1 day but 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. (1B) 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. (2A) 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) in relation to a person serving one sentence, one-half of the sentence, (a) in relation to a person serving one sentence imposed under section 250 of the Sentencing Code, one half of the sentence, (aa) in relation to a person serving one sentence of any other kind, one-third 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 264(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).

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244 Duty to release prisoners not subject to special provision for release

(1) As soon as a fixed-term prisoner, other than a prisoner to whom section 243A , 244ZA, 244A , 246A , 247 or 247A applies, has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release him on licence under this section. (1ZA) 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. (1A) Subsection (1) does not apply if the prisoner has been released on licence under section 246 or 248 and recalled under section 254 (provision for the release of such persons being made by sections 255B to 255C). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of this section “the requisite custodial period” means— (a) in relation to a prisoner serving one sentence, one-half of his sentence, (a) in relation to a prisoner serving one sentence imposed under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code, one-half of the sentence, (aa) in relation to a prisoner serving one sentence of any other kind, one-third of the sentence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) in relation to a person serving two or more concurrent or consecutive sentences ... , the period determined under sections 263(2) and 264(2B) or (2E). (4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).

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244ZA Release 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 to 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, (a) in relation to a prisoner serving one sentence within subsection (4) or (5), one-half of the prisoner’s sentence, (aa) in relation to a prisoner serving one sentence within subsection (6), 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). (9) For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified. (10) In subsection (9)— (a) “service offence” means an offence under— (i) section 70 of the Army Act 1955 or the Air Force Act 1955, (ii) section 42 of the Naval Discipline Act 1957, or (iii) section 42 of the Armed Forces Act 2006; (b) “corresponding civil offence” means— (i) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (ii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section; (iii) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section. (11) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

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244ZB Referral 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) A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a). (6) A notice given under subsection (4) must explain— (a) the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)), (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.

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244ZC Proceedings 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) The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (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) For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).

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244A Release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc

(1) This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code , other than a prisoner to whom section 247A applies. (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 or under section 252A, 265 or 278 of the Sentencing Code; “the requisite custodial period” means— in relation to a person serving one sentence imposed 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, in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2D).

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245 Restrictions on operation of section 244(1) in relation to intermittent custody prisoners

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246 Power to release prisoners on licence before required to do so

(1) Subject to subsections (2) to (4), the Secretary of State may— (a) release on licence under this section a fixed-term prisoner , other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies, ... at any time during the period of 365 days ending with the day on which the prisoner will have served the requisite custodial period, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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, and (b) he has served— (i) at least 4 weeks of that period, and (ii) at least one-half of that period. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Subsection (1) does not apply where— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ac) the prisoner is one to whom section 244ZA would apply if— (i) section 244ZA(4)(c), (5)(c) and (6)(c) were omitted, (ii) the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and (iii) the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000, (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 , 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, (fa) 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) the prisoner has been released on licence under this section during the currency of the sentence, and has been recalled to prison under section 255(1)(a) (and the revocation has not been cancelled under section 255(3)), (ga) the following apply— (i) the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and (ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began, (gb) the following apply— (i) the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence 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), and (ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began, (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, ... (ha) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or (i) in the case of a prisoner to whom section 240ZA applies or a direction under section 240A or 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 ... . (4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) 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 section 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) ... 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) ... . (6) In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the requisite custodial period” in relation to a person serving any sentence ... , has the meaning given by paragraph (a) , (aa) or (b) of section 243A(3) or (as the case may be) paragraph (a) , (aa) ... or (d) of section 244(3); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act.

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246A Release on licence of prisoners serving extended sentence under section 254, 266 or 279 of the Sentencing Code etc

(1) This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , other than a prisoner to whom section 247A applies. (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 if— (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) In 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. (6A) 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 or under section 254, 266 or 279 of the Sentencing Code (as appropriate); “the requisite custodial period” means— in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B), (2D) or (2E).

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246B Manslaughter: prisoner's non-disclosure of information

(1) The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), 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” has the meaning given by section 237A(2); “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.

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246C Indecent images: prisoner's non-disclosure of information

(1) The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), 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, has the meaning given by section 237A(2); “relevant indecent image” means— the photograph to which an offence of taking an indecent photograph of a child relates, or the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.

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247 Release 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 228, other than a prisoner to whom section 247A applies. (2) As soon as— (a) a prisoner to whom this section applies has served the requisite custodial period, . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it is the duty of the Secretary of State to release him on licence. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) 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— in relation to a person serving one sentence, one-half of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E). (8) 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).

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247A Restricted 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 (whenever it was committed) if— (a) it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), (b) 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. (2A) 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) Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A or under section 252A, 254, 265, 266, 268A, 278, 279 or 282A of the Sentencing Code. (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 255A to 255C for provision about the re-release of a person who has been recalled under section 254). (7A) 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, or under section 252A, 254, 265, 266, 268A, 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— in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, or under section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term, in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B), (2D) or (2E); “service offence”, and “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 period (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. (10A) 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. (10B) In the case of a prisoner to whom this section applies as a result of the amendments made by paragraph 3 of Schedule 27 to the Crime and Policing Act 2026, 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 paragraph comes into force. (11) This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).

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248 Power 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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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249 Duration of licence

(1) Subject to subsection (3), where a fixed-term prisoner, other than one to whom section 243A applies, is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence. (1A) 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). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Subsections (1) and (1A) have effect subject to section 263(2) (concurrent terms) and sections 264(3C)(a) and 264B ... (consecutive terms) ... . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).

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250 Licence 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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment ... (including ... a sentence imposed under section 226A , 227 or 236A or under section 278 , 279 or 282A of the Sentencing Code) or any sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act— (a) must include the standard conditions, (aa) 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— (ai) a driving prohibition condition (see section 250A), (bi) a public event attendance prohibition condition (see section 250B), (ci) a drinking establishment entry prohibition condition (see section 250C), (di) a restriction zone condition (see section 250D), (i) any other condition authorised by section 62, 64 or 64A of the Criminal Justice and Court Services Act 2000 or section 28 of the Offender Management Act 2007, and (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, (4A) 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. (5A) Subject to subsection (5D), 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. (5D) Where the High Court gives a direction under section 256AZBC(2) as to the conditions to be included in a prisoner’s licence on release, the Secretary of State— (a) must include the conditions in the prisoner’s licence on release; (b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence. (5BA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (8A) An order under this section or a condition included in a licence under this section may confer a discretion on an officer of a provider of probation services. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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250A Driving prohibition condition

(1) A driving prohibition condition is a condition prohibiting a person from driving a motor vehicle on a road or other public place. (2) A driving prohibition condition may prohibit a person— (a) from driving at any time or at times specified in the condition; (b) from driving any motor vehicle or a motor vehicle of a description so specified; (c) from driving on any road or other public place or on a road or other public place in an area so specified. (3) In this section— “motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted; “road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).

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250B Public event attendance prohibition condition

(1) A public event attendance prohibition condition is a condition prohibiting a person from attending a public event. (2) A public event attendance prohibition condition may prohibit a person from attending a public event at any time or at times specified in the condition. (3) A public event attendance prohibition condition may prohibit a person from attending— (a) a public event specified in the condition, (b) a public event of a description so specified, or (c) any public event. (4) In this section “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise.

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250C Drinking establishment entry prohibition condition

(1) A drinking establishment entry prohibition condition is a condition prohibiting a person from entering a drinking establishment. (2) A drinking establishment entry prohibition condition may prohibit a person from entering a drinking establishment at any time or at times specified in the condition. (3) A drinking establishment entry prohibition condition may prohibit a person from entering— (a) a drinking establishment specified in the condition, (b) a drinking establishment of a description so specified, or (c) any drinking establishment. (4) In this section “drinking establishment” means— (a) any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or (b) any premises— (i) that are open to the public or a section of the public for the purposes of entertainment, (ii) that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and (iii) on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.

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250D Restriction zone condition

(1) A restriction zone condition is a condition requiring a person to remain in one or more areas specified in the condition. (2) A restriction zone condition may require a person to remain in different areas at different times. (3) Where a restriction zone condition specifies different areas which do not adjoin each other, it may include provision for the person to whom the condition applies to travel between any of those areas.

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251 Licence conditions on re-release of prisoner serving sentence of less than 12 months

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252 Duty to comply with licence conditions

(1) 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. (2) But where— (a) the licence relates to a sentence of imprisonment passed by a service court, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.

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253 Curfew condition to be included in licence under section 246, 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 section 13 of the Offender Management Act 2007 (c.21)), and (b) includes a 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 unconditionally under section 243A or on licence under section 244. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.

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254 Recall 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. (2A) 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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (6A) The Secretary of State may by order amend this Chapter so as to make provision for and about circumstances or cases in which the Secretary of State may, or may not, revoke a person’s licence and recall the person to prison under subsection (1). (6B) An order under subsection (6A) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order. (7) Nothing in this section applies in relation to a person recalled under section 255.

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255 Recall 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 the 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 subsection (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.

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255ZA Offence 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 the general limit in a magistrates’ court or a fine (or both). (6) In relation to an offence committed before 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months. (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.

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255A Further 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 , 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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A person is suitable for automatic release only if— (a) the person meets the conditions in subsection (4ZA), (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. (4ZA) The conditions referred to in subsection (4)(a) are— (a) that the person is aged 18 or over; (b) that the person is serving a sentence of less than four years; (c) that the person is not serving a sentence in respect of an offence listed in Schedule 19AA (offences where offender not suitable for automatic release); (d) that the person is not serving a fixed-term sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners); (e) that the person does not fall within paragraph (aa) or (c) of section 325(2) (relevant terrorist offenders, etc); (f) that the person has not been recalled on account of being charged with an offence; (g) that the person 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). (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. but 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. (7) An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under— (a) section 226A, 226B, 227 or 228 of this Act, ... (aa) section 254, 266 or 279 of the Sentencing Code, or (b) section 85 of the PCC(S)A 2000; and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998. (7A) A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code. (8) 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. (1) This section applies for the purpose of identifying which of sections 255B, 255BA and 255C governs the further release of a person who has been recalled under section 254. (2) In this section— (a) subsections (3) to (6) apply to a person who is serving only one or more sentences imposed under section 250 of the Sentencing Code or section 91 of the PCC(S)A 2000 (a “relevant young offender”); (b) subsections (7) and (8) apply to other persons. (3) The Secretary of State must, on recalling a relevant young offender other than an offender whose case was referred to the Board under section 244ZB, consider whether the offender is suitable for release at the end of the section 255B automatic release period (see section 255B(1A) and (1B) for the meaning of this period). (4) A relevant young offender is suitable for release at the end of the section 255B automatic release period only if— (a) the offender— (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 offender will not present a risk of serious harm to members of the public if released at the end of the section 255B automatic release period. (5) For the purposes of subsection (4)(a)(iii), “serious offence” means— (a) murder, or (b) an offence listed in Schedule 18 to the Sentencing Code. (6) A relevant young offender must be dealt with— (a) in accordance with section 255B if suitable for release at the end of the section 255B automatic release period; (b) in accordance with section 255C otherwise, but that is subject, where applicable, to section 243A(2) (unconditional release). (7) A person who is not a relevant young offender must be dealt with— (a) in accordance with section 255BA if— (i) the person is eligible for release at the end of the section 255BA automatic release period (see section 255BA(2) for the meaning of this period), and (ii) the Secretary of State has not made a determination under subsection (5) of that section in relation to the person; (b) in accordance with section 255C otherwise, but that is subject, where applicable, to section 243A(2) (unconditional release). (8) A person who is not a relevant young offender is eligible for release at the end of the section 255BA automatic release period except where the person— (a) is an extended sentence prisoner, (b) is serving a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code (prisoners serving sentences for offenders of particular concern), (c) is serving a sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners), (d) is serving a sentence for an offence listed in Schedule 19ZB (offences involving or connected with terrorism or a threat to national security), (e) is serving a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security), (f) is a relevant terrorist offender for the purposes of section 325(2)(aa) (see section 327), (g) falls, immediately before being recalled, within section 325(2)(c) (persons considered to be persons who may be at risk of involvement in terrorism-related activity), (h) is, immediately before being recalled, a person who is considered by the Secretary of State to be a person who may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act), (i) is being managed, immediately before being recalled, 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), (j) is a person whose case was referred to the Board under section 244ZB (referral of high-risk offenders), (k) has been recalled on account of being charged with an offence, or (l) is a person to whom Part 2 or 3 of Schedule 20B applies (transitional cases). (9) For the purposes of subsection (8)(a), an “extended sentence prisoner” is a prisoner serving an extended sentence imposed under— (a) section 226A, 226B, 227 or 228 of this Act, (b) section 254, 266 or 279 of the Sentencing Code, or (c) section 85 of the PCC(S)A 2000, and paragraph (c) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998. (10) The Secretary of State may by order— (a) amend subsection (8) so as to— (i) add a description of person; (ii) alter or remove a description of person for the time being mentioned in the subsection; (b) further amend this Act for the purpose of making provision which is consequential on provision made under paragraph (a). (11) An order under subsection (10) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.

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255B Automatic release : relevant young offenders

(1) A relevant young offender who is suitable for automatic release at the end of the section 255B automatic release period (“P”) must— (a) on return to prison, be informed that they will be released under this section (subject to subsections (8) and (9)), and (b) at the end of the section 255B automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)). (1A) In the case of a relevant young offender recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means— (a) where the offender is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the offender returns to custody; (b) where the offender is serving a sentence of 12 months or more, the period of 28 days beginning with that day. (1B) In the case of a relevant young offender recalled under section 254 while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later— (a) the period described in subsection (1A)(a) or (b) (as appropriate); (b) the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier 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 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. (4A) 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 ... 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 release at the end of the section 255B automatic release period— (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 release at the end of the section 255B automatic release period. (10) 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(5)). (11) For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence. (12) In this section, “relevant young offender” has the same meaning as in section 255A.

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255BA Automatic release: other offenders

(1) A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must— (a) on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and (b) at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)). (2) The “section 255BA automatic release period”, in relation to P, means— (a) if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody; (b) if P is recalled under section 254 while on licence under section 246, whichever of the following ends later— (i) the period of 56 days beginning with the day on which P returns to custody; (ii) the requisite custodial period which P would have served under section 243A or 244 but for the earlier release. (3) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter. (4) The Secretary of State must not release P under subsection (3) 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 section 255BA automatic release period. (4A) The Secretary of State must not be satisfied as mentioned in subsection (4) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment). (5) Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period. (6) The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied. (7) The first condition is that the Secretary of State believes on reasonable grounds that P 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) an offence listed in Schedule 18 to the Sentencing Code. (8) The second condition is that, after P is recalled, the Secretary of State receives information— (a) that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)), (b) that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act), (c) that results in a determination that, if released at the end of the section 255BA automatic release period, P would be 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 (d) that P has been charged with an offence. (9) Where this subsection applies— (a) if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and (b) P is to be dealt with in accordance with section 255C (and accordingly not released under this section). (10) The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs. (11) For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

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255C Prisoners excluded from automatic release under section 255B or 255BA

(1) This section applies to a prisoner (“P”)— (a) who is a relevant young offender and— (i) whose case was referred to the Board under section 244ZB, or (ii) who is not considered suitable for release at the end of the section 255B automatic release period (see sections 255A(4) and 255B(9)), or (b) who is not a relevant young offender and— (i) who is not a prisoner eligible for automatic release at the end of the section 255BA automatic release period (see section 255A(8)), or (ii) who the Secretary of State has determined should not be released at the end of the section 255BA automatic release period (see section 255BA(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. (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. (4A) 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 ... 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. (9) In this section, “relevant young offender” has the same meaning as in section 255A.

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256 Review by the Board

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256A Further review

(1) 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 the review date, refer the person's case to the Board. (3) The Board may at any time recommend to the Secretary of State that the person’s case be referred under subsection (2). (4) 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.

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256AZA Release 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, 255BA, 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.

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256AZB Power 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 release at the end of the section 255B automatic release period; (b) the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) , 255BA(3) or 255C(2); (ba) the test to be applied by the Secretary of State in determining under subsection (5) of section 255BA that a person should not be released at the end of the section 255BA automatic release period; (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. (3) Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, section 256AZBC(1) (powers of High Court on referral of release decisions).

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