- Latest available (Revised)
- Original (As enacted)
Criminal Justice and Court Services Act 2000
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 62
Changes to legislation:
Criminal Justice and Court Services Act 2000, Section 62 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 62:
- s. 62(5)(g) words substituted by 2021 c. 11 Sch. 13 para. 38(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 64(1)(a) (aa) substituted for s. 64(1)(a) by 2003 c. 44 s. 266(2)
- s. 64(4A) inserted by 2003 c. 44 s. 266(3)
- s. 64(5)(f) and word inserted by 2003 c. 44 s. 266(4)
- s. 64(5)(f) words inserted by 2006 c. 52 Sch. 16 para. 185(a)
- s. 64(5)(f) words inserted by 2012 c. 10 Sch. 21 para. 18
- s. 64(5)(f) words inserted by 2012 c. 10 Sch. 22 para. 19
- s. 64(6) amendment to earlier affecting provision 2003 c. 44 s. 266(5) by S.I. 2008/912 Sch. 1 para. 19(15)
- s. 64(6) inserted by 2003 c. 44 s. 266(5)
- s. 64(6) words repealed by 2004 c. 31 Sch. 5 Pt. 4
- s. 64(8) words inserted by 2021 c. 11 Sch. 13 para. 38(5)
- s. 85(7B) applied (with modifications) by S.I. 2014/3141 Sch. 3 para. 5(7)
62 Release on licence etc: [F1electronic monitoring conditions].E+W
This section has no associated Explanatory Notes
(1)This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
(a)the Secretary of State is required to, or may, release the person from prison, and
(b)the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
[F2(2)The conditions may include electronic monitoring conditions.
(2A)An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
(2B)A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
(5)In this section, “sentence of imprisonment” includes—
(a)a detention and training order,
(b)a sentence of detention in a young offender institution,
(c)a sentence of detention under section 90 of the M1Powers of Criminal Courts (Sentencing) Act 2000 [F4or section 259 of the Sentencing Code] (detention at Her Majesty’s pleasure),
(d)a sentence of detention under section 91 of that Act [F5or section 250 [F6or 252A] of that Code] (detention of offenders under 18 convicted of certain serious offences),
(e)a sentence of custody for life under section 93 or 94 of that Act [F7or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006)],[F8, F9...
(f)a sentence of detention under section 226 [F10, 226B] or 228 of the Criminal Justice Act 2003 [F11or section 254 of the Sentencing Code] [F12(including one passed as a result of section 221 [F13, 221A] or 222 of the Armed Forces Act 2006)]]
[F14(g)a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and
(h)an order under section 211 of that Act,]
and “prison” shall be construed accordingly.
[F15(5A)In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—
(a)electronic monitoring of the person's compliance with another condition of release, and
(b)electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).]
Textual Amendments
F1Words in s. 62 heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 2(3) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
F2S. 62(2)-(2B) substituted for s. 62(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(2)(a), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7
F3S. 62(3) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 2(2) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
F4Words in s. 62(5)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F5Words in s. 62(5)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F6Words in s. 62(5)(d) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 18(2)
F7Words in s. 62(5)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F8S. 62(5)(f) and word inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 136(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F9Word in s. 62(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F10Word in s. 62(5)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 17; S.I. 2012/2906, art. 2(s)
F11Words in s. 62(5)(f) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(d) (with Sch. 27); S.I. 2020/1236, reg. 2
F12Words in s. 62(5)(f) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F13Word in s. 62(5)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 18; S.I. 2012/2906, art. 2(t)
F14S. 62(5)(g)(h) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F15S. 62(5A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(2)(b), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7
Marginal Citations
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.