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.
(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.
(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)”.
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).
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
(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.
(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.
(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.
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.
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).
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.
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.
(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).
(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).
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.
(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.
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.
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.
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.
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.
(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));
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...
“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;
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(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.
(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.
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(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.
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(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
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).
(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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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).