Criminal Justice Act 2003

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.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F4... (including F4... a sentence imposed under section [F5226A][F6, 227 or 236A] [F7or under section 278 [F8, 279 or 282A] of the Sentencing Code]) or any sentence of detention under section 91 [F9or 96] of [F10the PCC(S)A 2000, under section 250, [F11252A,] 254, 262, 265 [F12, 266 or 268A] of the Sentencing Code or under] section [F13226A, 226B,] [F14227 ][F15, 228 or 236A] of this Act—

(a)must include the standard conditions,

[F16(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 [F17other] condition authorised by section 62[F18, 64 or 64A] of the Criminal Justice and Court Services Act 2000 [F19or 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.

[F20(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.

[F21(5A)Subsection (5B) applies to a licence granted, either on initial release or after recall to prison, [F22to—

(a)a prisoner [F23, other than a terrorist prisoner,]] serving an extended sentence imposed under section 226A or 226B [F24or 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)[F25, or

(b)a prisoner [F26, other than a terrorist prisoner,] serving a sentence imposed under section 236A [F27or under section [F28252A,] 265 or 278 of the Sentencing Code].]

[F29(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.]

F30(5BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(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.

[F33(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.]