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
  1. Title and introductory text
  2. 1 Extension of powers to stop and search
  3. 2 Warrants to enter and search
  4. 3 Arrestable offences
  5. 4 Bail elsewhere than at police station
  6. 5 Drug testing for under-eighteens
  7. 6 Use of telephones for review of police detention
  8. 7 Limits on period of detention without charge
  9. 8 Property of detained persons
  10. 9 Taking fingerprints without consent
  11. 10 Taking non-intimate samples without consent
  12. 11 Codes of practice
  13. 12 Amendments related to Part 1
  14. 13 Grant and conditions of bail
  15. 14 Offences committed on bail
  16. 15 Absconding by persons released on bail
  17. 16 Appeal to Crown Court
  18. 17 Appeals to High Court
  19. 18 Appeal by prosecution
  20. 19 Drug users: restriction on bail
  21. 20 Supplementary amendments to the Bail Act 1976
  22. 21 Interpretation of Part 2
  23. 22 Conditional cautions
  24. 23 The five requirements
  25. 23ZA Duty to consult victims
  26. 23A Financial penalties
  27. 23B Variation of conditions
  28. 24 Failure to comply with conditions
  29. 24A Arrest for failure to comply
  30. 24B Application of PACE provisions
  31. 25 Code of practice
  32. 26 Assistance of National Probation Service
  33. 27 Interpretation of Part 3
  34. 28 Charging or release of persons in police detention
  35. 29 Instituting proceedings by written charge
  36. 30 Further provision about written charges
  37. 31 Removal of requirement to substantiate information on oath
  38. 32 Initial duty of disclosure by prosecutor
  39. 33 Defence disclosure
  40. 34 Notification of intention to call defence witnesses
  41. 36 Further provisions about defence disclosure
  42. 37 Continuing duty of disclosure by prosecutor
  43. 38 Application by defence for disclosure
  44. 39 Faults in defence disclosure
  45. 40 Code of practice for police interviews of witnesses notified by accused
  46. 41 Allocation of offences triable either way, and sending cases to Crown Court
  47. 42 Mode of trial for certain firearms offences: transitory arrangements
  48. 44 Application by prosecution for trial to be conducted without a jury where danger of jury tampering
  49. 45 Procedure for applications under sections 43 and section44
  50. 46 Discharge of jury because of jury tampering
  51. 47 Appeals
  52. 48 Further provision about trials without a jury
  53. 49 Rules of court
  54. 50 Application of Part 7 to Northern Ireland
  55. 51 Directions for live links in criminal proceedings
  56. 52 Further provision about the effect of live-link directions
  57. 52A Further provision about the effect of live-link directions
  58. 53 Further provision about live links in magistrates’ courts
  59. 53A Requirement to attend court, perjury
  60. 54 Warning to jury
  61. 55 Rules of court
  62. 56 Interpretation of Part 8
  63. 57 Introduction
  64. 58 General right of appeal in respect of rulings
  65. 59 Expedited and non-expedited appeals
  66. 60 Continuation of proceedings for offences not affected by ruling
  67. 61 Determination of appeal by Court of Appeal
  68. 67 Reversal of rulings
  69. 68 Appeals to the House of Lords
  70. 69 Costs
  71. 70 Effect on time limits in relation to preliminary stages
  72. 71 Restrictions on reporting
  73. 72 Offences in connection with reporting
  74. 73 Rules of court
  75. 74 Interpretation of Part 9
  76. 75 Cases that may be retried
  77. 76 Application to Court of Appeal
  78. 77 Determination by Court of Appeal
  79. 78 New and compelling evidence
  80. 79 Interests of justice
  81. 80 Procedure and evidence
  82. 81 Appeals
  83. 82 Restrictions on publication in the interests of justice
  84. 83 Offences in connection with publication restrictions
  85. 84 Retrial
  86. 85 Authorisation of investigations
  87. 86 Urgent investigative steps
  88. 86A Application of sections 85 and 86 to investigations by the Police Ombudsman
  89. 87 Arrest and charge
  90. 88 Bail and custody before application
  91. 89 Bail and custody before hearing
  92. 90 Bail and custody during and after hearing
  93. 91 Revocation of bail
  94. 92 Functions of the DPP
  95. 93 Rules of court
  96. 94 Armed Forces: Part 10
  97. 95 Interpretation of Part 10
  98. 96 Application of Part 10 to Northern Ireland
  99. 97 Application of Criminal Appeal Acts to proceedings under Part 10
  100. 98 “Bad character”
  101. 99 Abolition of common law rules
  102. 100 Non-defendant’s bad character
  103. 101 Defendant’s bad character
  104. 102 “Important explanatory evidence”
  105. 103 “Matter in issue between the defendant and the prosecution”
  106. 104 “Matter in issue between the defendant and a co-defendant”
  107. 105 “Evidence to correct a false impression”
  108. 106 “Attack on another person’s character”
  109. 107 Stopping the case where evidence contaminated
  110. 108 Offences committed by defendant when a child
  111. 109 Assumption of truth in assessment of relevance or probative value
  112. 110 Court’s duty to give reasons for rulings
  113. 111 Rules of court
  114. 112 Interpretation of Chapter 1
  115. 113 Armed forces
  116. 114 Admissibility of hearsay evidence
  117. 115 Statements and matters stated
  118. 116 Cases where a witness is unavailable
  119. 117 Business and other documents
  120. 118 Preservation of certain common law categories of admissibility
  121. 119 Inconsistent statements
  122. 120 Other previous statements of witnesses
  123. 121 Additional requirement for admissibility of multiple hearsay
  124. 122 Documents produced as exhibits
  125. 123 Capability to make statement
  126. 124 Credibility
  127. 125 Stopping the case where evidence is unconvincing
  128. 126 Court’s general discretion to exclude evidence
  129. 127 Expert evidence: preparatory work.
  130. 128 Confessions
  131. 129 Representations other than by a person
  132. 130 Depositions
  133. 131 Evidence at retrial
  134. 132 Rules of court
  135. 133 Proof of statements in documents
  136. 134 Interpretation of Chapter 2
  137. 135 Armed forces
  138. 136 Repeals etc
  139. 139 Use of documents to refresh memory
  140. 140 Interpretation of Chapter 3
  141. 141 Saving
  142. 143 Determining the seriousness of an offence
  143. 144 Reduction in sentences for guilty pleas
  144. 145 Increase in sentences for racial or religious aggravation
  145. 146 Increase in sentences for aggravation related to disability, sexual orientation or transgender identity
  146. 147 Meaning of “community sentence” etc.
  147. 148 Restrictions on imposing community sentences
  148. 149 Passing of community sentence on offender remanded in custody
  149. 150 Community sentence not available where sentence fixed by law etc.
  150. 150A Community order available only for offences punishable with imprisonment or for persistent offenders previously fined
  151. 152 General restrictions on imposing discretionary custodial sentences
  152. 153 Length of discretionary custodial sentences: general provision
  153. 157 Additional requirements in case of mentally disordered offender
  154. 158 Meaning of “pre-sentence report”
  155. 159 Disclosure of pre-sentence reports
  156. 160 Other reports of local probation boards , providers of probation services and members of youth offending teams
  157. 161 Pre-sentence drug testing
  158. 161A Court’s duty to order payment of surcharge
  159. 161B Amount of surcharge
  160. 162 Powers to order statement as to offender’s financial circumstances
  161. 163 General power of Crown Court to fine offender convicted on indictment
  162. 164 Fixing of fines
  163. 165 Remission of fines
  164. 167 The Sentencing Guidelines Council
  165. 168 Sentencing Guidelines Council: supplementary provisions
  166. 169 The Sentencing Advisory Panel
  167. 170 Guidelines relating to sentencing and allocation
  168. 171 Functions of Sentencing Advisory Panel in relation to guidelines
  169. 172 Duty of court to have regard to sentencing guidelines
  170. 173 Annual report by Council
  171. 174 Duty to give reasons for and to explain effect of sentence
  172. 175 Duty to publish information about sentencing
  173. 177 Community orders
  174. 178 Power to provide for court review of community orders
  175. 179 Breach, revocation or amendment of community order
  176. 181 Prison sentences of less than 12 months
  177. 182 Licence conditions
  178. 183 Intermittent custody
  179. 184 Restrictions on power to make intermittent custody order
  180. 185 Intermittent custody: licence conditions
  181. 186 Further provisions relating to intermittent custody
  182. 187 Revocation or amendment of order
  183. 188 Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
  184. 190 Imposition of requirements by suspended sentence order
  185. 191 Power to provide for review of suspended sentence order
  186. 192 Periodic reviews of suspended sentence order
  187. 193 Breach, revocation or amendment of suspended sentence order, and effect of further conviction
  188. 194 Transfer of suspended sentence orders to Scotland or Northern Ireland
  189. 195 Interpretation of Chapter 3
  190. 196 Meaning of “relevant order” etc
  191. 197 Meaning of “the responsible officer”
  192. 198 Duties of responsible officer
  193. 199 Unpaid work requirement
  194. 200 Obligations of person subject to unpaid work requirement
  195. 200A Rehabilitation activity requirement
  196. 201 Activity requirement
  197. 202 Programme requirement
  198. 203 Prohibited activity requirement
  199. 204 Curfew requirement
  200. 205 Exclusion requirement
  201. 206 Residence requirement
  202. 206A Foreign travel prohibition requirement
  203. 207 Mental health treatment requirement
  204. 208 Mental health treatment at place other than that specified in order
  205. 209 Drug rehabilitation requirement
  206. 210 Drug rehabilitation requirement: provision for review by court
  207. 211 Periodic review of drug rehabilitation requirement
  208. 212 Alcohol treatment requirement
  209. 212A Alcohol abstinence and monitoring requirement
  210. 213 Supervision requirement
  211. 214 Attendance centre requirement
  212. 215 Electronic monitoring requirement
  213. 215A Data from electronic monitoring: code of practice
  214. 216 Local justice area to be specified in relevant order
  215. 217 Requirement to avoid conflict with religious beliefs, etc
  216. 218 Availability of arrangements in local area
  217. 219 Provision of copies of relevant orders
  218. 220 Duty of offender to keep in touch with responsible officer
  219. 221 Provision of attendance centres
  220. 223 Power to amend limits
  221. 224 Meaning of “specified offence” etc.
  222. 224A Life sentence for second listed offence
  223. 225 Life sentence ... for serious offences
  224. 226 Detention for life ... for serious offences committed by those under 18
  225. 226A Extended sentence for certain violent, sexual or terrorism offences: persons 18 or over
  226. 226B Extended sentence for certain violent, sexual or terrorism offences: persons under 18
  227. 227 Extended sentence for certain violent or sexual offences: persons 18 or over
  228. 228 Extended sentence for certain violent or sexual offences: persons under 18
  229. 230 Imprisonment or detention for public protection: release on licence
  230. 232 Certificates of convictions for purposes of sections 225 and 227
  231. 232A Certificates of conviction
  232. 233 Offences under service law
  233. 234 Determination of day when offence committed
  234. 235 Detention under sections 226, 226B and 228
  235. 236 Conversion of sentences of detention into sentences of imprisonment
  236. 237 Meaning of “fixed-term prisoner” etc
  237. 237A Public protection decisions
  238. 237B Relevant provisions of this Chapter and corresponding purposes
  239. 238 Power of court to recommend licence conditions for certain prisoners
  240. 239 The Parole Board
  241. 240 Crediting of periods of remand in custody: terms of imprisonment and detention
  242. 240ZA Time remanded in custody to count as time served: terms of imprisonment or detention and detention and training orders
  243. 240A Time remanded on bail to count towards time served: terms of imprisonment or detention and detention and training orders
  244. 241 Effect of section 240ZA or direction under section 240A or under section 325 of the Sentencing Code on release on licence
  245. 242 Interpretation of sections 240ZA, 240A and 241
  246. 243 Persons extradited to the United Kingdom
  247. 243A Duty to release certain prisoners serving less than 12 months
  248. 244 Duty to release prisoners not subject to special provision for release
  249. 244ZA Release on licence of certain violent or sexual offenders
  250. 244ZB Referral of high-risk offenders to Parole Board in place of automatic release
  251. 244ZC Proceedings following reference under section 244ZB
  252. 244A Release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc
  253. 245 Restrictions on operation of section 244(1) in relation to intermittent custody prisoners
  254. 246 Power to release prisoners on licence before required to do so
  255. 246A Release on licence of prisoners serving extended sentence under section 254, 266 or 279 of the Sentencing Code etc
  256. 246B Manslaughter: prisoner's non-disclosure of information
  257. 246C Indecent images: prisoner's non-disclosure of information
  258. 247 Release on licence of prisoner serving extended sentence under section 227 or 228
  259. 247A Restricted eligibility for release on licence of terrorist prisoners
  260. 248 Power to release prisoners on compassionate grounds
  261. 249 Duration of licence
  262. 250 Licence conditions
  263. 250A Driving prohibition condition
  264. 250B Public event attendance prohibition condition
  265. 250C Drinking establishment entry prohibition condition
  266. 250D Restriction zone condition
  267. 251 Licence conditions on re-release of prisoner serving sentence of less than 12 months
  268. 252 Duty to comply with licence conditions
  269. 253 Curfew condition to be included in licence under section 246, 255B or 255C
  270. 254 Recall of prisoners while on licence
  271. 255 Recall of prisoners released early under section 246
  272. 255ZA Offence of remaining unlawfully at large after recall
  273. 255A Further release after recall: introductory
  274. 255B Automatic release : relevant young offenders
  275. 255BA Automatic release: other offenders
  276. 255C Prisoners excluded from automatic release under section 255B or 255BA
  277. 256 Review by the Board
  278. 256A Further review
  279. 256AZA Release after recall where further sentence being served
  280. 256AZB Power to change test for release following recall
  281. 256AZBA Referral of release decisions to High Court
  282. 256AZBB Specified offences
  283. 256AZBC Powers of the High Court
  284. 256AZC Release at direction of Parole Board: timing
  285. 256AA Supervision after end of sentence of prisoners serving less than 2 years
  286. 256AB Supervision requirements under section 256AA
  287. 256AC Breach of supervision requirements imposed under section 256AA
  288. 256B Supervision after release of certain young offenders serving less than 12 months
  289. 256C Breach of supervision requirements imposed under section 256B
  290. 256D Drug testing requirements
  291. 256E Drug appointment requirements
  292. 257 Additional days for disciplinary offences
  293. 258 Early release of fine defaulters and contemnors
  294. 259 Persons liable to removal from the United Kingdom
  295. 260 Early removal of prisoners liable to removal from United Kingdom
  296. 261 Removal under section 260 and subsequent return to UK: effect on sentence
  297. 262 Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
  298. 263 Concurrent terms
  299. 264 Consecutive terms
  300. 264A Consecutive terms: intermittent custody
  301. 264AA Consecutive terms: detention and training orders
  302. 264B Consecutive terms: supplementary
  303. 265 Restriction on consecutive sentences for released prisoners
  304. 267 Alteration by order of relevant proportion of sentence
  305. 267A Application of Chapter 6 to pre-4 April 2005 cases
  306. 267B Modification of Chapter 6 in certain transitional cases
  307. 267C Fixed-term prisoners also serving life sentence
  308. 268 Interpretation of Chapter 6
  309. 269 Determination of minimum term in relation to mandatory life sentence
  310. 270 Duty to give reasons
  311. 271 Appeals
  312. 272 Review of minimum term on a reference by Attorney General
  313. 273 Life prisoners transferred to England and Wales
  314. 274 Further provisions about references relating to transferred life prisoners
  315. 275 Duty to release certain life prisoners
  316. 276 Mandatory life sentences: transitional cases
  317. 277 Interpretation of Chapter 7
  318. 278 Deferment of sentence
  319. 279 Drug treatment and testing requirement in action plan order or supervision order
  320. 281 Alteration of penalties for other summary offences
  321. 282 Increase in maximum term that may be imposed on summary conviction of offence triable either way
  322. 283 Enabling powers: power to alter maximum penalties
  323. 284 Increase in penalties for drug-related offences
  324. 285 Increase in penalties for certain driving-related offences
  325. 286 Increase in penalties for offences under section 174 of Road Traffic Act 1988
  326. 287 Minimum sentence for certain firearms offences
  327. 288 Certain firearms offences to be triable only on indictment
  328. 289 Power to sentence young offender to detention in respect of certain firearms offences: England and Wales
  329. 290 Power to sentence young offender to detention in respect of certain firearms offences: Scotland
  330. 291 Power by order to exclude application of minimum sentence to those under 18
  331. 292 Sentencing for firearms offences in Northern Ireland
  332. 293 Increase in penalty for offences relating to importation or exportation of certain firearms
  333. 294 Duration of directions under Mental Health Act 1983 in relation to offenders
  334. 295 Access to Parole Board for certain patients serving prison sentences
  335. 296 Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
  336. 297 Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
  337. 299 Disqualification from working with children
  338. 300 Power to impose unpaid work requirement curfew requirement or attendance centre requirement on fine defaulter
  339. 301 Fine defaulters: driving disqualification
  340. 302 Execution of process between England and Wales and Scotland
  341. 303 Sentencing: repeals
  342. 304 Amendments relating to sentencing
  343. 305 Interpretation of Part 12
  344. 306 Limit on period of detention without charge of suspected terrorists
  345. 307 Enforcement of regulations implementing EU legislation on endangered species
  346. 308 Non-appearance of defendant: plea of guilty
  347. 309 Preparatory hearings for serious offences not involving fraud
  348. 310 Preparatory hearings to deal with severance and joinder of charges
  349. 311 Reporting restrictions for preparatory hearings
  350. 312 Awards of costs
  351. 313 Extension of investigations by Criminal Cases Review Commission in England and Wales
  352. 314 Extension of investigations by Criminal Cases Review Commission in Northern Ireland
  353. 315 Appeals following reference by Criminal Cases Review Commission
  354. 316 Power to substitute conviction of alternative offence on appeal in England and Wales
  355. 317 Power to substitute conviction of alternative offence on appeal in Northern Ireland
  356. 318 Substitution of conviction on different charge on appeal from court-martial
  357. 319 Appeals against sentences in England and Wales
  358. 320 Offence of outraging public decency triable either way
  359. 321 Jury service
  360. 322 Individual support orders
  361. 323 Individual support orders: consequential amendments
  362. 324 Parenting orders and referral orders
  363. 325 Arrangements for assessing etc risks posed by certain offenders
  364. 326 Review of arrangements
  365. 327 Section 325: interpretation
  366. 327A Disclosure of information about convictions etc. of child sex offenders to members of the public
  367. 327B Section 327A: interpretation
  368. 328 Criminal record certificates: amendments of Part 5 of Police Act 1997
  369. 329 Civil proceedings for trespass to the person brought by offender
  370. 330 Orders and rules
  371. 330A Orders: Northern Ireland
  372. 331 Further minor and consequential amendments
  373. 332 Repeals
  374. 333 Supplementary and consequential provision, etc.
  375. 334 Provision for Northern Ireland
  376. 335 Expenses
  377. 336 Commencement
  378. 337 Extent
  379. 338 Channel Islands and Isle of Man
  380. 339 Short title
  381. SCHEDULE 1 Amendments related to Part 1
  382. SCHEDULE 2 Charging or release of persons in police detention
  383. SCHEDULE 3 Allocation of cases triable either way, and sending cases to the Crown Court etc
  384. SCHEDULE 3A Prohibitions and limitations on use of live links
  385. SCHEDULE 5 Qualifying offences for purposes of Part 10
  386. SCHEDULE 6 Evidence of bad character: armed forces
  387. SCHEDULE 7 Hearsay evidence: armed forces
  388. SCHEDULE 15 Specified offences for purposes of sections 244ZA and 325
  389. SCHEDULE 16
  390. SCHEDULE 17
  391. SCHEDULE 18 Release of prisoners serving sentences of imprisonment or detention for public protection
  392. SCHEDULE 18B Offences relevant to public protection decisions
  393. SCHEDULE 19 The Parole Board: supplementary provisions
  394. SCHEDULE 19ZA Offences carrying restricted eligibility of terrorist prisoners for release on licence
  395. Schedule 19ZB Offences where offender not eligible for release at the end of the section 255BA automatic release period
  396. SCHEDULE 19B Prisoners returning to the UK: Modifications of Chapter 6 of Part 12
  397. SCHEDULE 20A Application of Chapter 6 of Part 12 to pre-4 April 2005 cases
  398. SCHEDULE 20B Modifications of Chapter 6 of Part 12 in certain transitional cases
  399. SCHEDULE 22 Mandatory life sentences: transitional cases
  400. SCHEDULE 24
  401. SCHEDULE 25 Summary offences no longer punishable with imprisonment
  402. SCHEDULE 26 Increase in maximum term for certain summary offences
  403. SCHEDULE 27 Enabling powers: alteration of maximum penalties etc.
  404. SCHEDULE 28 Increase in penalties for drug-related offences
  405. SCHEDULE 29
  406. SCHEDULE 30 Disqualification from working with children
  407. SCHEDULE 32 Amendments relating to sentencing
  408. SCHEDULE 33 Jury service
  409. SCHEDULE 34A Child sex offences for purposes of section 327A
  410. SCHEDULE 35 Criminal record certificates: amendments of Part 5 of Police Act 1997
  411. SCHEDULE 36 Further minor and consequential amendments
  412. SCHEDULE 37 Repeals
  413. SCHEDULE 38 Transitory, transitional and saving provisions

Proposed changes to this act

No one has proposed a change to this act yet.

413 provisions

256AZBA Referral of release decisions to High Court

(1) This section applies where— (a) a prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB, and (b) the Board directs the prisoner’s release under a provision mentioned in the second column of the table in section 237B. (2) The Secretary of State may direct the Board to refer the prisoner’s case to the High Court if the Secretary of State considers that— (a) the release of the prisoner would be likely to undermine public confidence in the parole system, and (b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 256AZBC(1)). (3) The requirement for the Secretary of State to give effect to the Board’s direction to release the prisoner is suspended— (a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Board to refer the prisoner’s case to the High Court under this section, and (b) if the Secretary of State gives such a direction, pending determination of the reference under section 256AZBC(1). (4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it. (5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force. (6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Board before this section comes into force.

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256AZBB Specified offences

(1) The offences specified or described in this section (for the purposes of section 256AZBA) are— (a) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act; (b) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences); (c) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A); (d) an offence under section 1 of the Sexual Offences Act 2003 (rape); (e) an offence under section 5 of that Act (rape of a child under 13); (f) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape); (g) an offence under section 18 of that Act (rape of a young child); (h) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape); (i) an offence under Article 12 of that Order (rape of a child under 13); (j) an offence that— (i) is abolished, and (ii) would have constituted an offence referred to in paragraphs (a) to (i) if committed on or after the date on which it was abolished. (2) A sentence in respect of a service offence is to be treated for the purposes of section 256AZBA as if it were a sentence in respect of the corresponding offence. (3) In subsection (2)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (b) “corresponding offence” means— (i) 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; (ii) 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; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

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256AZBC Powers of the High Court

(1) On a referral of a prisoner’s case under section 256AZBA, the High Court— (a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Board’s direction to release the prisoner on licence; (b) otherwise, must make an order quashing the direction. (2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release. (3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Board on the date on which the order was made. (4) If the decision referred to the High Court is a decision under section 255B(4A) (automatic release), subsection (1)(a) has effect as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”.

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256AZC Release at direction of Parole Board: timing

(1) This section applies where the Board directs the release of a person on licence under this Chapter (including where the High Court makes an order under section 256AZBC(1)(a) requiring the Secretary of State to give effect to such a direction). (2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter. (3) The duty under subsection (2) is subject to — (a) section 256AZBA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and (b) provision made pursuant to section 239(5C)(b).

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256AA Supervision after end of sentence of prisoners serving less than 2 years

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Propose a change

256AB Supervision requirements under section 256AA

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256AC Breach of supervision requirements imposed under section 256AA

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256B Supervision after release of certain young offenders serving less than 12 months

(1) This section applies where a person (“the offender”) is released under this Chapter if— (a) the person is, at the time of the release, serving a sentence of detention under section 250 of the Sentencing Code which is for a term of less than 12 months, and (b) the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)). (1A) This section also applies where a person (“the offender”) is released under this Chapter if— (a) the person is, at the time of the release, serving a sentence of detention under section 250 or 262 of the Sentencing Code which is for a term of less than 12 months, and (b) the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force. (1B) But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender. (2) The offender is to be under the supervision of— (a) an officer of a provider of probation services, (b) a social worker of a local authority, or (c) ... a member of the youth offending team. (3) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being. (4) Where the supervision is to be provided by— (a) a social worker of a local authority, or (b) a member of a youth offending team, the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being. (5) The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period). (6) During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State. (7) The requirements that may be specified in a notice under subsection (6) include— (a) requirements to submit to electronic monitoring of the offender's compliance with any other requirements specified in the notice; (b) requirements to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice); (c) where the offender is aged 18 or over— (i) drug testing requirements (see section 256D); (ii) drug appointment requirements (see section 256E). (7A) Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b). (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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256C Breach of supervision requirements imposed under section 256B

(1) Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may— (a) issue a summons requiring the offender to appear at the place and time specified in the summons, or (b) if the information is in writing and on oath, issue a warrant for the offender's arrest. (2) Any summons or warrant issued under this section must direct the offender to appear or be brought— (a) before a court acting for the local justice area in which the offender resides, or (b) if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant. (3) Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest. (4) If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may— (a) order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or (b) order the offender to pay a fine not exceeding level 3 on the standard scale. (5) An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody. (6) A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. (7) An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b). (8) In this section “court” means— (a) if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court; (b) if the offender is under the age of 18 years at the date of release, a youth court.

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256D Drug testing requirements

(1) “Drug testing requirement”, in relation to an offender subject to supervision under section 256B, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body. (2) A drug testing requirement may be imposed on an offender subject to supervision under section 256B only if— (a) the Secretary of State is satisfied of the matters in subsection (3), and (b) the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement. (3) Those matters are— (a) that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and (b) that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug. (4) An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State. (5) The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction. (6) In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

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256E Drug appointment requirements

(1) “Drug appointment requirement”, in relation to an offender subject to supervision under section 256B, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug. (2) A drug appointment requirement may be imposed on an offender subject to supervision under section 256B only if— (a) the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and (b) the Secretary of State is satisfied of the matters in subsection (3). (3) Those matters are— (a) that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, (b) that the offender is dependent on, or has a propensity to misuse, a controlled drug, (c) that the dependency or propensity requires, and may be susceptible to, treatment, and (d) that arrangements have been made, or can be made, for the offender to have treatment. (4) The requirement must specify— (a) the person with whom the offender is to meet or under whose direction the appointments are to take place, and (b) where the appointments are to take place. (5) The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience. (6) The only instructions that the supervisor may give for the purposes of the requirement are instructions as to— (a) the duration of each appointment, and (b) when each appointment is to take place. (7) For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment. (8) In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

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257 Additional days for disciplinary offences

(1) Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days— (a) to fixed-term prisoners, or (b) conditionally on their subsequently becoming such prisoners, to persons on remand, who (in either case) are guilty of disciplinary offences. (2) Where additional days are awarded to a fixed-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules— (a) any period which he must serve before becoming entitled to or eligible for release under this Chapter, (b) any period which he must serve before he can be removed from prison under section 260, and (c) any period for which a licence granted to him under this Chapter remains in force, is extended by the aggregate of those additional days.

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258 Early release of fine defaulters and contemnors

(1) This section applies in relation to a person committed to prison— (a) in default of payment of a sum adjudged to be paid by a conviction, or (b) for contempt of court or any kindred offence. (2) As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally. (2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases). (2B) Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002. (2C) The Secretary of State may by order amend the amount for the time being specified in subsection (2B). (3) Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section or in paragraph 35 of Schedule 20B requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences. (3A) The reference in subsection (3) to sentences of imprisonment includes sentences 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. (4) The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.

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259 Persons liable to removal from the United Kingdom

For the purposes of this Chapter a person is liable to removal from the United Kingdom if— (a) he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him, (b) he is liable to deportation under section 3(6) of that Act, (c) he has been notified of a decision to refuse him leave to enter the United Kingdom, (d) he is an illegal entrant within the meaning of section 33(1) of that Act, or (e) he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

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260 Early removal of prisoners liable to removal from United Kingdom

(1) Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter). (2) The minimum pre-removal custodial period is the longer of— (a) 30% of the requisite custodial period, and (b) the requisite custodial period less 4 years. (2C) Subsection (1) does do not apply in relation to a prisoner to whom section 247A applies. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A prisoner removed from prison under this section— (a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by— (i) Schedule 2 or 3 to the Immigration Act 1971, or (ii) section 10 of the Immigration and Asylum Act 1999 (c. 33), and (b) so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence. (4A) Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included— (a) when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or (b) when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence). (4B) Where— (a) before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and (b) the person is removed from the United Kingdom before the Board has disposed of the reference, the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The Secretary of State may by order— (a) amend the fraction for the time being specified in subsection (2)(a); (b) amend the time period for the time being specified in subsection (2)(b). (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners. (9) Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case— (a) the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and (b) subsection (5) is to be read as including reference to section 247A.

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261 Removal under section 260 and subsequent return to UK: effect on sentence

Where a person— (a) has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force, (b) has been removed from the United Kingdom following that removal from prison, and (c) returns to the United Kingdom, this Chapter applies to the person with the modifications set out in Schedule 19B.

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262 Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

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263 Concurrent terms

(1) This section applies where— (a) a person (“the offender”) has been sentenced . . . to two or more terms of imprisonment which are wholly or partly concurrent, and (b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions. (2) Where this section applies— (a) nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until he is required to release him in respect of each of the others, (aza) nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either— (i) to refer the offender’s case to the Board, or (ii) to release the offender, in respect of each of the others, (aa) the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence), (b) section 246 does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others to which that section applies, (c) on and after his release under this Chapter (unless that release is unconditional) the offender is to be on licence— (i) until the last date on which the offender is required to be on licence in respect of any of the terms, and (ii) subject to such conditions as are required by this Chapter in respect of any of the sentences. (2A) Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In this section “term of imprisonment” includes 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. (5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).

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264 Consecutive terms

(1) This section applies where— (a) a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and (b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release. (2B) Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms. (2C) Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral. (2D) Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms. (2E) Nothing in this Chapter requires the Secretary of State to release the offender until— (a) the Board has directed the release of the offender, or (b) the offender has served a period equal to the aggregate length of— (i) the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and (ii) the maximum custodial periods in each of the terms that is subject to initial Parole Board referral. (2F) For the purposes of subsections (2A) to (2E)— (a) a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which— (i) section 243A(1) or (1A), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or (ii) section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender; (b) a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which— (i) section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or (ii) a notice under section 244ZB(4) is in force. (3B) The offender's release under this Chapter is to be unconditional if— (a) the aggregate length of the terms of imprisonment is less than 12 months, and (b) section 243A so requires in respect of each of the sentences, but in any other case is to be on licence. (3C) If the offender is released on licence under this Chapter— (a) the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B); (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3E) When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this section “minimum custodial period”, except if subsection (6A) applies, means— (a) in relation to an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section, (b) in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section, (c) in relation to a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code 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 determined by the court under that section, and (ca) in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section, (caa) in relation to a sentence imposed under section 252A of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section, (cb) in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence, (cb) in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (4) or (5) of that section, one-half of the sentence, (cc) in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (6) of that section, two-thirds of the sentence, (cd) in relation to any sentence imposed under section 91 of the PCC(S)A 2000, or in relation to any other sentence imposed under section 250 of the Sentencing Code, one-half of the sentence, and (d) in relation to any other sentence, one-half one-third of the sentence. (6A) In this section “minimum custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means— (za) in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section), (a) in relation to an extended sentence (not being one to which paragraph (za) applies) imposed under section 226A, 226B, 227 or 228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section 236A of this Act or section 252A, 265 or 278 of that Code, two-thirds of the appropriate custodial term determined by the court under that section; (b) in relation to any other sentence, two-thirds of the sentence. (6B) In this section “maximum custodial period” means— (a) in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section; (b) in relation to any other sentence, the term of the sentence. (7) This section applies to a determinate sentence of detention under section 91 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 a term of imprisonment ... . (8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).

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264A Consecutive terms: intermittent custody

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264AA Consecutive terms: detention and training orders

(1) This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter. (1A) In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section. (2) Any direction in respect of the offender by the Parole Board under— (a) subsection (5)(b) of section 246A, (b) subsection (4)(b) of section 247A, or (c) sub-paragraph (3) of paragraph 15 of Schedule 20B, is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section or paragraph. (3) In this section— (a) references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and (b) “relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.

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264B Consecutive terms: supplementary

(1) This section applies in a case in which section 264 applies where— (a) the offender is released on licence under this Chapter, (b) the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and (c) those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed under section 250 of the Sentencing Code in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed (whether or not under section 250 of the Code) in respect of an offence committed on or after that day. (2) The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of— (a) the minimum custodial period in relation to each of the short transitional terms, and (b) the full length of each of the other terms. (3) In this section “custodial period minimum custodial period” has the same meaning as in section 264.

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265 Restriction on consecutive sentences for released prisoners

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267 Alteration by order of relevant proportion of sentence

The Secretary of State may by order provide that any reference in section 243A(3)(a), section 244(3)(a), section 247(2) or section 264(6)(d) to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.

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267A Application of Chapter 6 to pre-4 April 2005 cases

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.

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267B Modification of Chapter 6 in certain transitional cases

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.

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267C Fixed-term prisoners also serving life sentence

(1) This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender. (2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner. (3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to— (a) refer the prisoner’s case to the Board, or (b) release the prisoner. (4) The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act. (5) The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require. (6) In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.

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268 Interpretation of Chapter 6

(1) In this Chapter — “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43); “the Board” means the Parole Board; “fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) (as extended by section 237(1B)); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... “prison” and “prisoner” are to be read in accordance with section 237(2); ... ... “the supervisor”— ... in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) In this Chapter, “the requisite custodial period” means (except where it has the meaning given by section 247A(8)) — (a) in relation to a person serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code, the requisite custodial period for the purposes of section 246A; (b) in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247; (c) in relation to a person serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code, the requisite custodial period for the purposes of section 244A; (ca) in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC; (d) in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A , 244 or 244ZA (as appropriate). (2) For the purposes of sections 243A(1A), ... 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.

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269 Determination of minimum term in relation to mandatory life sentence

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270 Duty to give reasons

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271 Appeals

(1) In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted— (1A) In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law. . (2) In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted— ((1ZA)) In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law. .

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272 Review of minimum term on a reference by Attorney General

(1) In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted— (3A) Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time. . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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273 Life prisoners transferred to England and Wales

(1) The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders. (2) In subsection (1) “transferred life prisoner” means a person - (a) on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and (b) who has been transferred to England and Wales after the commencement of this section in pursuance of— (i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or (ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47), there to serve his sentence or sentences or the remainder of his sentence or sentences. (3) In subsection (1) “a relevant order” means a minimum term order or a whole life order under section 321 of the Sentencing Code. (4) In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”. (5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

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274 Further provisions about references relating to transferred life prisoners

(1) A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing. (2) In relation to a reference under that section, any reference to “the court” in sections 321 to 323 of the Sentencing Code is to be read as a reference to the High Court. (3) A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference. (4) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to Supreme Court from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies. (5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court. (6) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the Supreme Court under this section. (7) In relation to appeals to the Court of Appeal or the Supreme Court under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

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275 Duty to release certain life prisoners

(1) Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows. (2) For subsection (1A) there is substituted— (1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order. (3) In subsection (1B)(a)— (a) for the words from the beginning to “applies” there is substituted “ this section does not apply to him ”, and (b) for the words from “such an order” to “appropriate stage” there is substituted “ a minimum term order has been made in respect of each of those sentences ”. (4) After subsection (8) there is inserted— (8A) In this section “minimum term order” means an order under— (a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or (b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence). .

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276 Mandatory life sentences: transitional cases

Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.

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277 Interpretation of Chapter 7

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278 Deferment of sentence

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279 Drug treatment and testing requirement in action plan order or supervision order

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281 Alteration of penalties for other summary offences

(1) Subsection (2) applies to any summary offence which— (a) is an offence under a relevant enactment, (b) is punishable with a maximum term of imprisonment of five months or less, and (c) is not listed in Schedule 25 or Schedule 26. (2) The Secretary of State may by order amend any relevant enactment so as to— (a) provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or (b) increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence. (3) An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment. (4) Subsection (5) applies to any summary offence which— (a) is an offence under a relevant enactment, and (b) is punishable with a maximum term of imprisonment of six months. (5) The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly). (6) Neither of the following— (a) an order under subsection (2), or (b) subsection (5), affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be). (7) In this section and section 282 “relevant enactment” means any enactment contained in— (a) an Act passed before or in the same Session as this Act, or (b) any subordinate legislation made before the passing of this Act. (8) In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

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