Part 12U.K.Sentencing

Chapter 6E+W [F1 Release, licences[F2, supervision] and recall ]

Release on licenceE+W

244Duty to release prisonersE+W

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F3243A[F4, 244A][F5, 246A]][F6, 247 or 247A] applies, has served the requisite custodial period [F7for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.

[F8(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F9or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F11For the purposes of this section] “the requisite custodial period” means—

(a)[F12in relation to a prisoner serving one sentence], one-half of his sentence,

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to a person serving two or more concurrent or consecutive sentences F14... , the period determined under sections 263(2) and 264(2).

[F15(4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]

[F16244ARelease on licence of prisoners serving sentence under [F17section 278 of the Sentencing Code etc] E+W

(1)This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A [F18or under section 265 or 278 of the Sentencing Code] [F19, other than a prisoner to whom section 247A applies].

(2)The Secretary of State must refer P's case to the Board—

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

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(3)It is the duty of the Secretary of State to release P on licence under this section as soon as—

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

(b)the Board has directed P's release under this section.

(4)The Board must not give a direction under subsection (3) unless—

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

(b)the Board is satisfied that it is not necessary for the protection of the public that P should be confined.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C).

(6)For the purposes of this section—

• “the appropriate custodial term” means the term determined as such by the court under section 236A [F20or under section 265 or 278 of the Sentencing Code];

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence, one-half of the appropriate custodial term, 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).]

F21245Restrictions on operation of section 244(1) in relation to intermittent custody prisonersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

246Power to release prisoners on licence before required to do soE+W

(1)Subject to subsections (2) to (4), the Secretary of State may—

(a)release on licence under this section a fixed-term prisonerF22... at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period, F23...

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subsection (1)(a) does not apply in relation to a prisoner unless—

(a)the length of the requisite custodial period is at least 6 weeks, [F24and

(b)he has served—

(i)at least 4 weeks of that period, and

(ii)at least one-half of that period.]

F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (1) does not apply where—

(a)the sentence is imposed under section [F26226A,] 227[F27, 228 or 236A] [F28or under section 265, 266, 278 or 279 of the Sentencing Code],

[F29(aa)the sentence is for a term of 4 years or more,]

[F30(ab)the prisoner is one to whom section 247A applies,]

(b)the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),

(c)the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),

(d)the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 [F31, or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code,] in a case where the prisoner has failed to comply with a curfew requirement of a community order,

(e)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),

(f)the prisoner is liable to removal from the United Kingdom,

(g)the prisoner has been released on licence under this section [F32at any time], and has been recalled to prison under section 255(1)(a) [F33(and the revocation has not been cancelled under section 255(3))],

[F34(ga)the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);]

(h)the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, F35...

[F36(ha)the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of [F37the PCC(S)A 2000], or]

(i)in the case of a prisoner [F38to whom section 240ZA applies or a direction under section 240A [F39or under section 325 of the Sentencing Code] relates], the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days F40... .

[F41(4ZA)Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—

(a)if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;

(b)if the terms are to be served consecutively, a reference to the aggregate of the terms.]

[F42(4A)In subsection (4)—

(a)the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and

(b)the reference in paragraph (i) to [F43section 240ZA includes] section 246 of that Act.]

(5)The Secretary of State may by order—

(a)amend the number of days for the time being specified in subsection (1)(a) F44... or (4)(i),

(b)amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and

(c)amend the fraction for the time being specified in subsection (2)(b)(ii) F45... .

(6)In this section—

• F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the requisite custodial period” in relation to a person serving any sentence F47... , has the meaning given by [F48paragraph (a) or (b) of section 243A(3) or (as the case may be)] paragraph (a)F47... or (d) of section 244(3);

• F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F50“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of [F51the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code] or under section [F52226A, 226B,] 227[F53, 228 or 236A] of this Act.]

[F54246ARelease on licence of prisoners serving extended sentence under [F55section 254, 266 or 279 of the Sentencing Code etc] E+W

(1)This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B [F56or under section 254, 266 or 279 of the Sentencing Code] [F57, other than a prisoner to whom section 247A applies].

(2)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section [F58if—

(a)the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

(b)the appropriate custodial term is less than 10 years, and

(c)the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.]

(3)[F59In any other case], it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).

(4)The Secretary of State must refer P's case to the Board—

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

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as—

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

(b)the Board has directed P's release under this section.

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

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

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

[F60(6A)Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P.]

(7)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).

(8)For the purposes of this section—

• “appropriate custodial term” means the term determined as such by the court under section 226A or 226B [F61or under section 254, 266 or 279 of the Sentencing Code] (as appropriate);

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence, two-thirds of the appropriate custodial term, 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).]

[F62246BManslaughter: prisoner's non-disclosure of informationE+W

(1)The Board must comply with this section when making a public protection decision about a prisoner if—

(a)the prisoner's sentence was passed for manslaughter;

(b)the Board does not know where and how the victim's remains were disposed of; and

(c)the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)When making the public protection decision about the prisoner, the Board must take into account—

(a)the prisoner's non-disclosure; and

(b)the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4)In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5)In this section, in relation to a prisoner—

• “public protection decision” means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.]

[F62246CIndecent images: prisoner's non-disclosure of informationE+W

(1)The Board must comply with this section when making a public protection decision about a prisoner if—

(a)the prisoner's sentence was passed for—

(i)an offence of taking an indecent photograph of a child, or

(ii)a relevant offence of making an indecent pseudo-photograph of a child;

(b)the Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c)the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)When making the public protection decision about the prisoner, the Board must take into account—

(a)the prisoner's non-disclosure; and

(b)the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4)In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5)For the purposes of this section, an offence is—

(a)an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b)a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i)it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii)the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

(6)In this section—

• “public protection decision”, in relation to a prisoner, means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “relevant indecent image” means—

  (a)

  the photograph to which an offence of taking an indecent photograph of a child relates, or

  (b)

  the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.]

247Release on licence of prisoner serving extended sentence under section 227 or 228E+W

(1)This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228[F63, other than a prisoner to whom section 247A applies].

(2)As soon as—

(a)a prisoner to whom this section applies has served [F64the requisite custodial period], F65. . .

(b)F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the duty of the Secretary of State to release him on licence.

(3)F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(7)In this section—

• “the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228;

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence, one-half of the appropriate custodial term, 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).]

[F72(8)In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).]

[F73247ARestricted 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 ([F74whenever it was committed]) if—

[F75(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),]

[F76(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.]

[F77(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 [F78or under section [F79252A,] 254, 265, 266, [F80268A, 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).

[F81(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, [F82or under section [F83252A,] 254, 265, 266, [F84268A, 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, [F82or under section [F83252A,] 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 264(2);

• “service offence”, [F85and “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 [F86period] (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.

[F87(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).]

248Power to release prisoners on compassionate groundsE+W

(1)The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

F88(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

249Duration of licenceE+W

(1)Subject to [F89subsection (3)], where a fixed-term prisoner[F90, other than one to whom section 243A applies,] is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence.

[F91(1A)Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.

This is subject to subsection (3).]

F92(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F93Subsections (1) and (1A) have] effect subject to [F94section] 263(2) (concurrent terms) [F95and sections 264(3C)(a) and 264B] F96... (consecutive terms) F97... .

F98(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F99(5)This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).]

250Licence conditionsE+W

(1)In this section—

(a)“the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and

(b)“prescribed” means prescribed by the Secretary of State by order.

F100(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F103... (including F103... a sentence imposed under section [F104226A][F105, 227 or 236A] [F106or under section 278 [F107, 279 or 282A] of the Sentencing Code]) or any sentence of detention under section 91 [F108or 96] of [F109the PCC(S)A 2000, under section 250, [F110252A,] 254, 262, 265 [F111, 266 or 268A] of the Sentencing Code or under] section [F112226A, 226B,] [F113227 ][F114, 228 or 236A] of this Act—

(a)must include the standard conditions,

[F115(aa)must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000,] and

(b)may include—

(i)any [F116other] condition authorised by section 62[F117, 64 or 64A] of the Criminal Justice and Court Services Act 2000 [F118or section 28 of the Offender Management Act 2007], and

(ii)such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

[F119(4A)In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).]

(5)A licence under section 246 must also include a curfew condition complying with section 253.

[F120(5A)Subsection (5B) applies to a licence granted, either on initial release or after recall to prison, [F121to—

(a)a prisoner [F122, other than a terrorist prisoner,]] serving an extended sentence imposed under section 226A or 226B [F123or under section 254, 266 or 279 of the Sentencing Code], other than a sentence that meets the conditions in section 246A(2) (release without direction of the Board)[F124, or

(b)a prisoner [F125, other than a terrorist prisoner,] serving a sentence imposed under section 236A [F126or under section [F127252A,] 265 or 278 of the Sentencing Code].]

[F128(5AA)Subsection (5B) also applies to a licence granted, either on initial release or after recall to prison, to a terrorist prisoner in a case where the licence is granted following a direction of the Board for the prisoner’s release.]

(5B)The Secretary of State must not—

(a)include a condition referred to in subsection (4)(b)(ii) in the licence, either on release or subsequently, or

(b)vary or cancel any such condition included in the licence,

unless the Board directs the Secretary of State to do so.]

F129(5BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F130(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F131(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a)the protection of the public,

(b)the prevention of re-offending, and

(c)securing the successful re-integration of the prisoner into the community.

[F132(9)In this section “terrorist prisoner” means a prisoner to whom section 247A applies, or would apply but for the prisoner’s having been released on licence.]

F133251Licence conditions on re-release of prisoner serving sentence of less than 12 monthsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

252Duty to comply with licence conditionsE+W

[F134(1)]A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.

[F135(2)But where—

(a)the licence relates to a sentence of imprisonment passed by a service court, [F136and]

F137(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the person is residing outside the British Islands,

the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.]

253Curfew condition to be included in licence under section 246[F138, 255B or 255C] E+W

(1)For the purposes of this Chapter, a curfew condition is a condition which—

(a)requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be premises approved by the Secretary of State under [F139section 13 of the Offender Management Act 2007 (c.21)]), and

(b)includes [F140a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to] electronic monitoring of his whereabouts during the periods for the time being so specified.

(2)The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

(3)The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released [F141unconditionally under section 243A or] on licence under section 244.

F142(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.