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Criminal Justice Act 2003

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Criminal Justice Act 2003, Section 263 is up to date with all changes known to be in force on or before 28 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. Help about Changes to Legislation

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263Concurrent termsE+W
This section has no associated Explanatory Notes

(1)This section applies where—

(a)a person (“the offender”) has been sentenced F1. . . 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,

[F2(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,]

[F3(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)[F4section 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 [F5to which that section applies],

(c)on and after his release under this Chapter [F6(unless that release is unconditional)] the offender is to be on licence[F7—

(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.

[F8(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.]

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “term of imprisonment” includes a determinate sentence of detention under section 91 [F10or 96] of [F11the PCC(S)A 2000, under section 250, [F12252A,] 254, 262, 265 [F13, 266 or 268A] of the Sentencing Code] or under section [F14226A, 226B,] [F15227 ] [F16, 228 or 236A] of this Act.

[F17(5)This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).]

Textual Amendments

F1Words in s. 263(1)(a) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 226, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11Words in s. 263(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 235 (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1S. 263 wholly in force at 4.4.2005; s. 263 not in force at Royal Assent, see s. 336(3); s. 263 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 263 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

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