Criminal Justice Act 2003

[F1247ARestricted eligibility for release on licence of terrorist prisonersE+W

(1)This section applies to a prisoner (a “terrorist prisoner”) who—

(a)is serving a fixed-term sentence imposed (whether before or after this section comes into force) in respect of an offence within subsection (2), and

(b)has not been released on licence.

(2)An offence is within this subsection ([F2whenever it was committed]) if—

[F3(a)it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),]

[F4(b)it is a service offence as respects which the corresponding civil offence is so specified, or

(c)it was determined to have a terrorist connection.]

[F5(2A)Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—

(a)under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders),

(b)on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

(c)in respect of an offence that—

(i)is specified in Part 1 of Schedule 19ZA (terrorism offences punishable with imprisonment for life),

(ii)is a service offence as respects which the corresponding civil offence is so specified,

(iii)is specified in Part 3 of that Schedule (other offences punishable with imprisonment for life) and was determined to have a terrorist connection, or

(iv)is a service offence as respects which the corresponding civil offence is so specified, and was determined to have a terrorist connection.]

(3)It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board—

(a)as soon as the prisoner has served the requisite custodial period, and

(b)where there has been a previous reference of the prisoner's case to the Board under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference.

(4)It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as—

(a)the prisoner has served the requisite custodial period, and

(b)the Board has directed the release of the prisoner under this section.

(5)The Board must not give a direction under subsection (4) unless—

(a)the Secretary of State has referred the terrorist prisoner's case to the Board, and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6)Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A [F6or under section [F7252A,] 254, 265, 266, [F8268A, 278, 279 or 282A] of the Sentencing Code].

(7)It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254).

[F9(7A)For the purposes of this section, an offence was determined to have a terrorist connection if it was—

(a)determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now subject to the provisions of this Chapter), or

(iii)section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or

(b)proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).]

(8)For the purposes of this section—

• “the appropriate custodial term”, in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A, [F10or under section [F11252A,] 254, 265, 266, [F12268A, 278, 279 or 282A] of the Sentencing Code,] means the term determined as such by the court under that provision;

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, [F10or under section [F11252A,] 254, 265, 266, 278 or 279 of the Sentencing Code,] two-thirds of the appropriate custodial term,

  (b)

  in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and

  (c)

  in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F13264(2B), (2D) or (2E)];

• “service offence”, [F14and “corresponding civil offence”] have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

(9)For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if—

(a)it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial [F15period] (within the meaning of this section, not section 244A), or

(b)it was made under section 246A(4).

(10)Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force.

[F16(10A)In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.]

(11)This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).]