Criminal Justice Act 2003

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

PreliminaryE+W

237Meaning of “fixed-term prisoner” [F3etc]E+W

(1)In this Chapter “fixed-term prisoner” means—

(a)a person serving a sentence of imprisonment for a determinate term, or

(b)a person serving a determinate sentence of detention under section 91 [F4or 96] of [F5the PCC(S)A 2000, under] section [F6226A, 226B,] [F7227 ][F8, 228 or 236A] of this Act [F9or under section 250 [F10, 252A], 254, 262, 265, [F11266 or 268A] of the Sentencing Code].

[F12and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).]

[F13(1B)In this Chapter—

(a)references to a sentence of imprisonment include such a sentence passed by a service court;

[F14(aa)references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;]

(b)references to a sentence of detention under [F15section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code] include a sentence of detention under section 209 of the Armed Forces Act 2006;

[F16(ba)references to a sentence under section 226A of this Act [F17or section 266 or 279 of the Sentencing Code] include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb)references to a sentence under section 226B of this Act [F18or section 254 of the Sentencing Code] include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;]

(c)references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 [F19or section 240A]; F20...

(d)references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act[F21, and

(e)references to a sentence under section 236A of this Act [F22or section 265 or 278 of the Sentencing Code] include a sentence under that section passed as a result of section 224A of that Act.]

(1C)Nothing in subsection (1B) has the effect that [F23section 240ZA] or 265 [F24of this Act or section 225 of the Sentencing Code] (provision equivalent to which is made by the Armed Forces Act 2006) [F25or section 240A] applies to a service court.]

(2)In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

[F26(3)In this Chapter, references to a sentence of detention under section 96 of [F27the PCC(S)A 2000, under] section [F28226A][F29, 227 or 236A] of this Act [F30or under section 262, 265 [F31, 266 or 268A] of the Sentencing Code] are references to a sentence of detention in a young offender institution.]

Power of court to recommend licence conditionsE+W

F32238Power of court to recommend licence conditions for certain prisonersE+W

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

239The Parole BoardE+W

(1)The Parole Board is to continue to be, by that name, a body corporate and as such is—

(a)to be constituted in accordance with this Chapter, and

(b)to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.

(2)It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners.

(3)The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—

(a)any documents given to it by the Secretary of State, and

(b)any other oral or written information obtained by it;

and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member.

(4)The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.

(5)Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

[F33(5A)Rules under subsection (5) may, in particular, make provision—

(a)requiring or permitting the Board to make provisional decisions;

(b)about the circumstances—

(i)in which the Board must or may reconsider such decisions;

(ii)in which such decisions become final;

(c)conferring power on the Board to set aside a decision or direction that is within subsection (5B),

and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act.

(5B)The following are within this subsection—

(a)a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or

(b)a direction given by the Board for the release of a prisoner which the Board determines it would not have given if—

(i)information that was not available to the Board when the direction was given had been so available, or

(ii)a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given.

(5C)Provision made by virtue of subsection (5A)(c)—

(a)may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but

(b)may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside.]

(6)The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—

(a)the need to protect the public from serious harm from offenders, and

(b)the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

(7)Schedule 19 shall have effect with respect to the Board.

Effect of remand in custody[F34or on bail subject to certain types of condition]E+W

F35240Crediting of periods of remand in custody: terms of imprisonment and detentionE+W

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

[F36240ZATime remanded in custody to count as time served: terms of imprisonment [F37or detention and detention and training orders] E+W

(1)This section applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.

[F38(1A)This section also applies where—

(a)a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b)the offender concerned has been remanded in custody in connection with the offence or a related offence.

(1B)In this section any reference to a “sentence”, in relation to an offender, is to—

(a)a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or

(b)a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).]

(2)It is immaterial for [F39the purposes of subsection (1)(b) or (1A)(b)] whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).

(3)The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.

But this is subject to subsections (4) to (6).

(4)If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

(5)A day counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(6)A day is not to count as time served as part of any [F40automatic release period served by the offender] (see section 255B(1)).

[F41(6A)Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.]

(7)For the purposes of this section a suspended sentence—

(a)is to be treated as a sentence of imprisonment when it takes effect under [F42paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code], and

(b)is to be treated as being imposed by the order under which it takes effect.

(8)In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

[F43(8A)Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—

(a)the sentences were imposed on the same occasion, or

(b)where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.

(9)For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.]

(10)The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—

(a)detention pursuant to any custodial sentence;

(b)committal in default of payment of any sum of money;

(c)committal for want of sufficient distress to satisfy any sum of money;

(d)committal for failure to do or abstain from doing anything required to be done or left undone.

(11)This section applies to a determinate sentence of detention under section 91 or 96 [F44of the PCC(S)A 2000, under section 250, [F45252A,] 254, 262, 265 [F46, 266 or 268A] of the Sentencing Code or under] section [F47226A, 226B,] 227[F48, 228 or 236A] of this Act as it applies to an equivalent sentence of imprisonment.]

[F49240A [F50Time remanded on bail to count towards time served]: terms of imprisonment [F51or detention and detention and training orders] E+W

(1)[F52Subsection (2) applies] where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence [F53of which the offender was convicted before 1 December 2020] F54... ,

(b)the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2)Subject to [F55subsections (3A) and (3B)], the court must direct that the credit period is to count as time served by the offender as part of the sentence.

F56[F57(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F58(3ZA)Subsection (3ZB) applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

[F59(3ZAA)Subsection (3ZB) also applies where—

(a)a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.

(3ZAB)In this section any reference to a “sentence”, in relation to an offender, is to—

(a)a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or

(b)a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).]

(3ZB)Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.]

(3A)A day of the credit period counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(3B)A day of the credit period is not to count as time served as part of any [F60automatic release period served by the offender] (see section 255B(1)).]

F61(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)[F63Subsections (7) to (9) and (11) of section 240ZA] apply for the purposes of this section as they apply for the purposes of that section but as if—

(a)in subsection (7)—

(i)the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of [F64the PCC(S)A 2000] relates;

(ii)in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of [F65the PCC(S)A 2000]; and

(b)[F66in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to [F67subsections (2) and (3ZB)] of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.

(12)In this section—

• [F68“curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;]

• “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

• “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F69...

• F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

241Effect of [F70section 240ZA or direction under section 240A] [F71or under section 325 of the Sentencing Code] on release on licenceE+W

(1)In determining for the purposes of this Chapter F72... whether a person [F73to whom section 240ZA applies or a direction under section 240A ] [F74or under section 325 of the Sentencing Code] relates —

(a)has served, or would (but for his release) have served, a particular proportion of his sentence, or

(b)has served a particular period,

the number of days [F75specified in section 240ZA or in the direction under section 240A] [F76or under section 325 of the Sentencing Code] are to be treated as having been served by him as part of that sentence or period.

[F77(1A)In subsection (1) the reference to [F78section 240ZA includes] section 246 of the Armed Forces Act 2006.]

F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

242Interpretation of [F80sections 240ZA][F81, 240A] and 241E+W

(1)For the purposes of [F80sections 240ZA][F81, 240A] and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—

““sentence of imprisonment” does not include a committal—

(a)in default of payment of any sum of money, other than one adjudged to be paid on a conviction,”;

and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.

(2)References in [F80sections 240ZA] and 241 to an offender’s being remanded in custody are references to his being—

(a)remanded in or committed to custody by order of a court,

(b)remanded [F82to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], or

(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).

[F83(3)In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.]

F84(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

243Persons extradited to the United KingdomE+W

(1)A fixed-term prisoner is an extradited prisoner for the purposes of this section if—

(a)he was tried for the offence in respect of which his sentence was imposed [F85or he received that sentence]—

(i)after having been extradited to the United Kingdom, and

(ii)without having first been restored or had an opportunity of leaving the United Kingdom, and

(b)he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a)[F86, and

(c)the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.]

F87[F88(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A)Section 240ZA applies to days specified under [F89section 327(3) of the Sentencing Code] as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.]

F90(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F91Unconditional releaseE+W

243ADuty to release [F92certain] prisoners serving less than 12 monthsE+W

[F93(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.]

[F94(1B)But this section does not apply to a prisoner to whom section 247A applies.]

(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.

[F95(2A)Subsection (2) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.]

(3)For the purposes of this section “the requisite custodial period” is—

(a)[F96in 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 [F97264(2B) or (2E)].

(4)This section is subject to—

(a)section 256B (supervision of young offenders after release), and

(b)paragraph 8 of Schedule 20B (transitional cases).]

Release on licenceE+W

244Duty to release prisoners [F98not subject to special provision for release] E+W

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F99243A[F100, [F101244ZA,] 244A][F102, 246A]][F103, 247 or 247A] applies, has served the requisite custodial period [F104for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.

[F105(1ZA)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.]

[F106(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F107or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]

F108(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F109For the purposes of this section] “the requisite custodial period” means—

(a)[F110in relation to a prisoner serving one sentence], one-half of his sentence,

F111(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to a person serving two or more concurrent or consecutive sentences F112... , the period determined under sections 263(2) and [F113264(2B) or (2E)].

[F114(4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]

[F115244ZARelease on licence of certain violent or sexual offendersE+W

(1)As soon as a fixed-term 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 the prisoner on licence under this section.

(2)This section applies to a prisoner who—

(a)is serving a fixed-term sentence within subsection (4), (5) or (6),

(b)is not a prisoner to whom section 244A, 246A or 247A applies, and

(c)has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C).

(3)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.

(4)A fixed-term sentence is within this subsection if it—

(a)is a sentence of—

(i)imprisonment, or

(ii)detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after 1 April 2020, and

(d)was imposed in respect of an offence—

(i)that is specified in Part 1 or 2 of Schedule 15, and

(ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(5)A fixed-term sentence is within this subsection if it—

(a)is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,

(b)is for a term of at least 4 years but less than 7 years,

(c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)was imposed in respect of an offence within subsection (7).

(6)A fixed-term sentence is within this subsection if it—

(a)is a sentence of detention under section 250 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)was imposed in respect of an offence within subsection (7).

(7)An offence is within this subsection if—

(a)it is specified in any of the following paragraphs of Part 1 of Schedule 15—

(i)paragraph 1 (manslaughter);

(ii)paragraph 4 (soliciting murder);

(iii)paragraph 6 (wounding with intent to cause grievous bodily harm);

(iv)paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;

(v)paragraph 65 (inchoate offences in relation to murder), or

(b)it is an offence—

(i)that is specified in Part 2 of that Schedule (sexual offences), and

(ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(8)For the purposes of this section “the requisite custodial period” means—

(a)in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and

(b)in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).]

[F116244ZBReferral of high-risk offenders to Parole Board in place of automatic releaseE+W

(1)This section applies to a prisoner who—

(a)would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and

(b)is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.

(2)For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)murder;

(b)specified offences, within the meaning of section 306 of the Sentencing Code.

(3)If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.

(4)Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).

(5)A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a).

(6)A notice given under subsection (4) must explain—

(a)the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)),

(b)why the Secretary of State is of the requisite opinion, and

(c)the prisoner’s right to make representations (see subsection (12)).

(7)A notice given under subsection (4)—

(a)takes effect at whichever is the earlier of—

(i)the time when it is received by the prisoner, and

(ii)the time when it would ordinarily be received by the prisoner, and

(b)remains in force until—

(i)the Secretary of State refers the prisoner’s case to the Board under this section, or

(ii)the notice is revoked.

(8)The Secretary of State—

(a)may revoke a notice given under subsection (4), and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(9)If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)—

(a)the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and

(b)the High Court, if satisfied that that ground is made out, must by order revoke the notice.

(10)At any time before the Board disposes of a reference under this section, the Secretary of State—

(a)may rescind the reference, and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(11)If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).

(12)The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.

But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.

244ZCProceedings following reference under section 244ZBE+W

(1)This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.

(2)If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.

(3)It is the duty of the Secretary of State to release the 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.

(4)The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

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

(a)the Secretary of State has referred the prisoner’s case to the Board under subsection (2), 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)For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).]

[F117244ARelease on licence of prisoners serving sentence under [F118section 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 [F119or under section 265 or 278 of the Sentencing Code] [F120, 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 [F121or under section 265 or 278 of the Sentencing Code];

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence [F122imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force], one-half of the appropriate custodial term,

  (aa)

  [F123in relation to a person serving one sentence imposed on or after that day, 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 [F124264(2D)].]

F125245Restrictions 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 prisoner F126... at any time during the period of [F127180] days ending with the day on which the prisoner will have served the requisite custodial period, F128...

F128(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, [F129and

(b)he has served—

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

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

F130(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)the sentence is imposed under section [F131226A,] 227 [F132, 228 or 236A] [F133or under section 265, 266, 278 or 279 of the Sentencing Code],

[F134(aa)the sentence is for a term of 4 years or more,]

[F135(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 [F136, 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,

[F137(fa)the prisoner’s case has been referred to the Board under section 244ZB,

(fb)a notice given to the prisoner under subsection (4) of that section is in force,]

(g)the prisoner has been released on licence under this section [F138at any time], and has been recalled to prison under section 255(1)(a) [F139(and the revocation has not been cancelled under section 255(3))],

[F140(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, F141...

[F142(ha)the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of [F143the PCC(S)A 2000], or]

(i)in the case of a prisoner [F144to whom section 240ZA applies or a direction under section 240A [F145or 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 F146... .

[F147(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.]

[F148(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 [F149section 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) F150... 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) F151... .

(6)In this section—

• F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the requisite custodial period” in relation to a person serving any sentence F153... , has the meaning given by [F154paragraph (a) or (b) of section 243A(3) or (as the case may be)] paragraph (a) F153... or (d) of section 244(3);

• F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F156“term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of [F157the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code] or under section [F158226A, 226B,] 227 [F159, 228 or 236A] of this Act.]

[F160246ARelease on licence of prisoners serving extended sentence under [F161section 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 [F162or under section 254, 266 or 279 of the Sentencing Code] [F163, 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 [F164if—

(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)[F165In 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.

[F166(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 [F167or 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 [F168264(2B), (2D) or (2E)].]

[F169246BManslaughter: 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.]

[F169246CIndecent 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[F170, other than a prisoner to whom section 247A applies].

(2)As soon as—

(a)a prisoner to whom this section applies has served [F171the requisite custodial period], F172. . .

(b)F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(3)F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F178(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 [F179264(2B) or (2E)].]

[F180(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).]

[F181247ARestricted 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 ([F182whenever it was committed]) if—

[F183(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),]

[F184(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.]

[F185(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 [F186or under section [F187252A,] 254, 265, 266, [F188268A, 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).

[F189(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, [F190or under section [F191252A,] 254, 265, 266, [F192268A, 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, [F190or under section [F191252A,] 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 [F193264(2B), (2D) or (2E)];

• “service offence”, [F194and “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 [F195period] (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.

[F196(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.

F197(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

249Duration of licenceE+W

(1)Subject to [F198subsection (3)], where a fixed-term prisoner[F199, 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.

[F200(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).]

F201(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F202Subsections (1) and (1A) have] effect subject to [F203section] 263(2) (concurrent terms) [F204and sections 264(3C)(a) and 264B] F205... (consecutive terms) F206... .

F207(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F208(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.

F209(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F210(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F212... (including F212... a sentence imposed under section [F213226A][F214, 227 or 236A] [F215or under section 278 [F216, 279 or 282A] of the Sentencing Code]) or any sentence of detention under section 91 [F217or 96] of [F218the PCC(S)A 2000, under section 250, [F219252A,] 254, 262, 265 [F220, 266 or 268A] of the Sentencing Code or under] section [F221226A, 226B,] [F222227 ][F223, 228 or 236A] of this Act—

(a)must include the standard conditions,

[F224(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 [F225other] condition authorised by section 62[F226, 64 or 64A] of the Criminal Justice and Court Services Act 2000 [F227or 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.

[F228(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.

[F229(5A)The Secretary of State must not—

(a)include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or

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

unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).

(5B)A licence is within this subsection if it is granted to a relevant prisoner—

(a)on their initial release in a case where that release is at the direction of the Board, or

(b)on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).

(5C)In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.]

F230(5BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F232(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.

F233(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234251Licence conditions on re-release of prisoner serving sentence of less than 12 monthsE+W

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

252Duty to comply with licence conditionsE+W

[F235(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.

[F236(2)But where—

(a)the licence relates to a sentence of imprisonment passed by a service court, [F237and]

F238(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[F239, 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 [F240section 13 of the Offender Management Act 2007 (c.21)]), and

(b)includes [F241a 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 [F242unconditionally under section 243A or] on licence under section 244.

F243(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F244(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.

Recall after releaseE+W

254Recall of prisoners while on licenceE+W

(1)The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(2)A person recalled to prison under subsection (1)—

(a)may make representations in writing with respect to his recall, and

(b)on his return to prison, must be informed of the reasons for his recall and of his right to make representations.

[F245(2A)The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B)The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C)Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.]

F246(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F246(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F246(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

(7)Nothing in [F247this section] applies in relation to a person recalled under section 255.

255Recall of prisoners released early under section 246E+W

(1)If it appears to the Secretary of State, as regards a person released on licence under section 246—

(a)that he has failed to comply with [F248the curfew condition included in the licence], or

(b)that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,

the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.

(2)A person whose licence under section 246 is revoked under this section—

(a)may make representations in writing with respect to the revocation, and

(b)on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.

(3)The Secretary of State, after considering any representations under [F249subsection (2)(a)] or any other matters, may cancel a revocation under this section.

(4)Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.

(5)On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

[F250255ZAOffence of remaining unlawfully at large after recallE+W

(1)A person recalled to prison under section 254 or 255 commits an offence if the person—

(a)has been notified of the recall orally or in writing, and

(b)while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2)A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)written notice of the recall has been delivered to an appropriate address, and

(b)a period specified in the notice has elapsed.

(3)In subsection (2) “an appropriate address” means—

(a)an address at which, under the person's licence, the person is permitted to reside or stay, or

(b)an address nominated, in accordance with the person's licence, for the purposes of this section.

(4)A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b)the person has failed to comply with such an instruction, and

(c)the person has not complied with such an instruction for at least 6 months.

(5)A person who is guilty of an offence under this section is liable—

(a)on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b)on summary conviction to imprisonment for a term not exceeding [F251the general limit in a magistrates’ court] or a fine (or both).

(6)In relation to an offence committed before [F2522 May 2022], the reference in subsection (5)(b) to [F253the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(7)In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]