Modifications etc. (not altering text)
C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
Textual Amendments
F1Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
F2Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Modifications etc. (not altering text)
C3Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
C4Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
Textual Amendments
F3S. 243A and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 111(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
[F5(1)This section applies to a fixed-term prisoner if—
(a)the prisoner is serving a sentence which is for a term of 1 day, or
(b)the prisoner—
(i)is serving a sentence which is for a term of less than 12 months, and
(ii)is aged under 18 on the last day of the requisite custodial period.
(1A)This section also applies to a fixed-term prisoner if—
(a)the prisoner is serving a sentence 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.]
(2)As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.
(3)For the purposes of this section “the requisite custodial period” is—
(a)[F6in relation to a person serving one sentence], one-half of the sentence, and
(b)in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).
(4)This section is subject to—
(a)section 256B (supervision of young offenders after release), and
(b)paragraph 8 of Schedule 20B (transitional cases).]
Textual Amendments
F4Word in s. 243A heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 16 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F5S. 243A(1)(1A) substituted for s. 243A(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 1, 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(a)
F6Words in s. 243A(3)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 17 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Modifications etc. (not altering text)
C5S. 243A applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a), 9(2)(a) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 2; S.I. 2012/2906, art. 2(l))
C6S. 243A excluded by International Criminal Court Act 2001 (c. 17), Sch. 7 para. 3(1) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 4; S.I. 2012/2906, art. 2(l))