“(a)

in relation to a person serving one sentence imposed under section 250 of the Sentencing Code, one half of the sentence,

(aa)

in relation to a person serving one sentence of any other kind, one-third of the sentence,”;

(d)

in subsection (4), omit paragraph (b) (and the “and” before it).

(3)

In section 244(3) (requisite custodial period for prisoners not subject to special provision for release), for paragraph (a) substitute—

“(a)

in relation to a prisoner serving one sentence imposed under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code, one-half of the sentence,

(aa)

in relation to a prisoner serving one sentence of any other kind, one-third of the sentence,”.

(4)

In section 244ZA(8) (requisite custodial period for certain violent or sexual offenders), for paragraph (a) (but not the “and” at the end of that paragraph) substitute—

“(a)

in relation to a prisoner serving one sentence within subsection (4) or (5), one-half of the prisoner’s sentence,

(aa)

in relation to a prisoner serving one sentence within subsection (6), two-thirds of the prisoner’s sentence,”.

(5)

In section 246(6) (power to release prisoners on licence before being required to do so: interpretation), in the definition of “the requisite custodial period”, after “paragraph (a)”, in both places it occurs, insert “, (aa)”.

(6)

In section 256B(1A)(a) (supervision after release of certain young offenders serving less than 12 months) omit “or 262”.

(7)

In section 264 (consecutive terms)—

(a)

in subsection (2F)(a)(i), after “243A(1)” insert “or (1A)”;

(b)

in subsection (6)—

(i)

for paragraph (cb) (but not the “and” at the end of that paragraph) substitute—

“(cb)

in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (4) or (5) of that section, one-half of the sentence,

(cc)

in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (6) of that section, two-thirds of the sentence,

(cd)

in relation to any sentence imposed under section 91 of the PCC(S)A 2000, or in relation to any other sentence imposed under section 250 of the Sentencing Code, one-half of the sentence,”;

(ii)

in paragraph (d), for “one-half” substitute “one-third”.

(8)

In section 264B (consecutive terms: supplementary)—

(a)

in subsection (1)(b), omit “of imprisonment”;

(b)

in subsection (1)(c)—

(i)

omit “of imprisonment”;

(ii)

after “imposed”, in the first place it occurs, insert “under section 250 of the Sentencing Code”;

(iii)

after “imposed”, in the second place it occurs, insert “(whether or not under section 250 of the Code)”;

(c)

in subsection (2)(a), after “the”, in the first place it occurs, insert “minimum”;

(d)

in subsection (3), for “custodial period” substitute “minimum custodial period”.

(9)

In section 267 (alteration by order of relevant proportion of sentence)—

(a)

after “section 243A(3)(a)” insert “or (aa)”;

(b)

after “244(3)(a)” insert “or (aa), section 244ZA(8)(a) or (aa)”;

(c)

for “264(6)(d)” substitute “264(6)(cb), (cc), (cd) or (d)”.

(10)

The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844) is revoked.

(11)

In consequence of the amendments made by this section—

(a)

in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 6(3)(b);

(b)

in the Offender Rehabilitation Act 2014, in Schedule 3, omit paragraph 18;

(c)

in the Police, Crime, Sentencing and Courts Act 2022, omit section 130(6);

(d)

in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331) omit articles 3 and 4.

(12)

The amendments made by this section, as well as applying in relation to a sentence of imprisonment or detention imposed on or after the day on which those amendments come into force, apply in relation to a sentence of imprisonment or detention imposed before that day if, immediately before that day, the person serving the sentence—

(a)

is in custody or detention pursuant to the sentence, or

(b)

is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003.

(13)

But subsection (12) does not have the effect that the amendments made by this section apply in relation to a sentence imposed before the day on which those amendments come into force if subsection (14) or (15) applies to the sentence.

(14)

This subsection applies to a sentence if—

(a)

it is a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (as inserted by section 7(6) of this Act), and

(b)

the sentence was not imposed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, section 209 of the Armed Forces Act 2006 or section 250 of the Sentencing Code.

(15)

This subsection applies to a sentence if—

(a)

section 244 of the Criminal Justice Act 2003 applies in relation to the sentence,

(b)

the sentence was imposed in respect of an offence for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) on the day on which this section comes into force, and

(c)

the sentence would, on the date on which this section comes into force, fall within subsection (4) or (5) of section 244ZA of the Criminal Justice Act 2003 if that section were read subject to the following modifications (so far as necessary to enable the subsection in question to apply)—

(i)

subsections (4)(c) and (5)(c) (date of sentence) were omitted;

(ii)

subsections (4)(d)(ii) and (7)(b)(ii) (availability of life sentence at date of imposition of sentence) were omitted;

(iii)

subsection (5)(a) also referred to a sentence under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000.

(16)

If section 26 (limitation of provisions about home detention curfew) comes into force before or at the same time as this section, this section is to be read as if subsection (5) were omitted.

24Release: consequential amendments relating to driving disqualification

(1)

In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a)

in subsection (4)—

(i)

in paragraph (fc), for the words from “, a period” to the end of the paragraph substitute “—

(i)

where the sentence falls within subsection (4) or (5) of that section, a period equal to one-half of the sentence;

(ii)

where the sentence falls within subsection (6) of that section, a period equal to two-thirds of the sentence;”;

(ii)

after paragraph (fd) insert—

“(fe)

in the case of any other sentence under section 250 of the Sentencing Code, a period equal to one-half of the sentence;”;

(iii)

in paragraph (h), for “half” substitute “one-third of”;

(b)

in subsection (8), after “244(3)(a)” insert “or (aa) or section 244ZA(8)(a) or (aa)”;

(c)

in subsection (9)—

(i)

before paragraph (a) insert—

“(za)

if the amending order makes provision in respect of section 244ZA(8)(a) or (aa) of that Act, provide that the proportion specified in subsection (4)(fc)(i) or (ii) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

(zb)

if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(fe) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;”;

(ii)

in paragraph (a), for “243A(3)(a) or 244(3)(a)” substitute “244(3)(aa)”.

(2)

The Armed Forces Act 2006 is amended in accordance with subsections (3) and (4).

(3)

In section 177J (extension of disqualification where custodial sentence or service detention also imposed)—

(a)

in subsection (5), in the table—

(i)

before entry 1 insert—

“A1

a sentence of detention under section 209 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender

half the term of the sentence of detention”;

(ii)

in entry 10, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;

(iii)

in that entry, in column 3, for “two-thirds” substitute “one-half”;

(iv)

after entry 10 insert—

“10A

a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section

two-thirds of the sentence”;

(v)

in entry 14, in column 3, for “half” substitute “one-third of”;

(b)

for subsection (8) substitute—

“(8)

Subsection (8A) applies where—

(a)

an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b)

the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).

(8A)

The Secretary of State may by regulations—

(a)

if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry A1 specified the new proportion;

(b)

if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10 specified the new proportion;

(c)

if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10A specified the new proportion;

(d)

if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 14 specified the new proportion.”

(4)

In section 373 (orders, regulations and rules), in each of subsections (3)(d), (5) and (5A), for “177J(8)” substitute “177J(8A)”.

(5)

In section 166 of the Sentencing Code (extension of disqualification where custodial sentence also imposed)—

(a)

in subsection (5), in the table—

(i)

after entry 1 insert—

“1ZA

a sentence of detention under section 250 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender

half the term of the sentence of detention”;

(ii)

in entry 6B, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;

(iii)

in that entry, in column 3, for “two-thirds” substitute “one-half”;

(iv)

after entry 6B insert—

“6BA

a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section

two-thirds of the sentence”;

(v)

in entry 8, in column 3, for “half” substitute “one-third of”;

(b)

for subsection (7) substitute—

“(7)

Subsection (7A) applies where—

(a)

an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b)

the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).

(7A)

The Secretary of State may by regulations—

(a)

if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry 1ZA specified the new proportion;

(b)

if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6B specified the new proportion;

(c)

if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6BA specified the new proportion;

(d)

if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 8 specified the new proportion.”;

(c)

in subsection (8), for “(7)” substitute “(7A)”;

(d)

in subsection (9), for “(7)” substitute “(7A)”.

(6)

In consequence of the amendments made by this section—

(a)

in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 1(b);

(b)

in the Police, Crime, Sentencing and Courts Act 2022, in Schedule 21, omit paragraph 4.

(7)

The amendments made by this section apply in relation to—

(a)

an order under section 34 or 35 of the Road Traffic Offenders Act 1988 which is made on or after the day on which this section comes into force,

(b)

a driving disqualification order within the meaning of the Armed Forces Act 2006 which is made on or after that day, and

(c)

a driving disqualification order within the meaning of the Sentencing Code which is made on or after that day.

25Release on licence of certain violent or sexual offenders: service offences

(1)

Section 244ZA of the Criminal Justice Act 2003 (release on licence of certain violent or sexual offenders) is amended as follows.

(2)

After subsection (8) insert—

“(9)

For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.

(10)

In subsection (9)—

(a)

“service offence” means an offence under—

(i)

section 70 of the Army Act 1955 or the Air Force Act 1955,

(ii)

section 42 of the Naval Discipline Act 1957, or

(iii)

section 42 of the Armed Forces Act 2006;

(b)

“corresponding civil offence” means—

(i)

in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(ii)

in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section;

(iii)

in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.

(11)

Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.”

(3)

The amendments made by this section, as well as applying in relation to offences committed on or after the day on which those amendments come into force, apply in relation to offences committed before that day.

26Limitation of provisions about home detention curfew

(1)

The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (5).

(2)

In section 246 (power to release prisoners on licence before required to do so)—

(a)

in the heading, after release insert “certain”;

(b)

for subsection (1) substitute—

“(1)

Subject to subsections (1A), (2) and (4), the Secretary of State may release on licence under this section a fixed-term prisoner serving only one or more sentences under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code at any time during the period of 365 days ending with the day on which the prisoner will have served the requisite custodial period.”;

(c)

after subsection (1) insert—

“(1A)

Subsection (1) does not apply to a prisoner to whom section 244ZA or 247A applies.”;

(d)

in subsection (2), in the opening words, for “(1)(a)” substitute “(1)”;

(e)

in subsection (4)(ac)—

(i)

in sub-paragraph (i), for “244ZA(4)(c), (5)(c) and (6)(c)” substitute “244ZA(6)(c)”;

(ii)

at the end of that sub-paragraph insert “and”;

(iii)

omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph;

(f)

omit subsection (4)(d);

(g)

in subsection (4A)—

(i)

omit paragraph (a) and the “and” at the end of that paragraph;

(ii)

in paragraph (b), for “that Act” substitute “the Armed Forces Act 2006”;

(h)

in subsection (5)(a), for “(1)(a)” substitute “(1)”;

(i)

in subsection (6)—

(i)

for the definition of “the requisite custodial period” substitute—

““the requisite custodial period”—

(a)

means, for the purposes of subsection (4)(gb)(ii), the period mentioned in section 244(3)(a) (subject to sections 263 and 264);

(b)

otherwise, in relation to a person serving any sentence, has the meaning given by paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) or (d) of section 244(3);”;

(ii)

omit the definition of “term of imprisonment”.

(3)

In section 255BA (automatic release: other offenders) (as inserted by section 32(2))—

(a)

in subsection (2), for the words from “means—” to the end of the subsection substitute “means the period of 56 days beginning with the day on which P returns to custody.”;

(b)

in subsection (10), for the words from “either or both” to the end of the subsection substitute “subsection (2) so as to alter the period for the time being specified in that subsection.”

(4)

In section 255C(6) (prisoners excluded from automatic release), after “if P” insert “is a relevant young offender who”.

(5)

In section 264AA(1A) (consecutive terms: detention and training orders), for “246(1)(a)” substitute “246(1)”;

(6)

In consequence of the amendments made by this section—

(a)

in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

(i)

omit section 112(6);

(ii)

in Schedule 20, omit paragraph 5(3);

(b)

in the Criminal Justice and Courts Act 2015, in Schedule 1, omit paragraph 7(3);

(c)

in the Sentencing Act 2020, in Schedule 24, omit paragraph 224(2)(b) and (3);

(d)

the Criminal Justice Act 2003 (Home Detention Curfew) Order 2023 (S.I. 2023/390) is revoked;

(e)

in the Victims and Prisoners Act 2024, omit section 68(2);

(f)

in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), omit article 2.

(7)

The amendments made by this section do not apply in relation to a person who, immediately before the day on which this section comes into force, is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003.

Licences

27Licence conditions

(1)

In section 64 of the Criminal Justice and Court Services Act 2000 (drug testing requirement)—

(a)

in subsection (1)—

(i)

at the end of paragraph (a) insert “, and”;

(ii)

omit the “and” at the end of paragraph (b);

(iii)

omit paragraph (c);

(b)

omit subsection (1A);

(c)

in subsection (2), for the words from “For the purpose” to “they” substitute “Those conditions”.

(2)

The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (7).

(3)

In section 250 (licence conditions)—

(a)

in subsection (4)(b)—

(i)

before sub-paragraph (i) insert—

“(ai)

a driving prohibition condition (see section 250A),”;

(ii)

after sub-paragraph (ai) (inserted by sub-paragraph (i) above) insert—

“(bi)

a public event attendance prohibition condition (see section 250B),”;

(iii)

after sub-paragraph (bi) (inserted by sub-paragraph (ii) above) insert—

“(ci)

a drinking establishment entry prohibition condition (see section 250C),”;

(iv)

after sub-paragraph (ci) (inserted by sub-paragraph (iii) above) insert—

“(di)

a restriction zone condition (see section 250D),”;

(b)

after subsection (8) insert—

“(8A)

An order under this section or a condition included in a licence under this section may confer a discretion on an officer of a provider of probation services.”

(4)

After section 250 insert—

“250ADriving prohibition condition

(1)

A driving prohibition condition is a condition prohibiting a person from driving a motor vehicle on a road or other public place.

(2)

A driving prohibition condition may prohibit a person—

(a)

from driving at any time or at times specified in the condition;

(b)

from driving any motor vehicle or a motor vehicle of a description so specified;

(c)

from driving on any road or other public place or on a road or other public place in an area so specified.

(3)

In this section—

“motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;

“road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).”

(5)

After section 250A (inserted by subsection (4)) insert—

“250BPublic event attendance prohibition condition

(1)

A public event attendance prohibition condition is a condition prohibiting a person from attending a public event.

(2)

A public event attendance prohibition condition may prohibit a person from attending a public event at any time or at times specified in the condition.

(3)

A public event attendance prohibition condition may prohibit a person from attending—

(a)

a public event specified in the condition,

(b)

a public event of a description so specified, or

(c)

any public event.

(4)

In this section “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise.”

(6)

After section 250B (inserted by subsection (5)) insert—

“250CDrinking establishment entry prohibition condition

(1)

A drinking establishment entry prohibition condition is a condition prohibiting a person from entering a drinking establishment.

(2)

A drinking establishment entry prohibition condition may prohibit a person from entering a drinking establishment at any time or at times specified in the condition.

(3)

A drinking establishment entry prohibition condition may prohibit a person from entering—

(a)

a drinking establishment specified in the condition,

(b)

a drinking establishment of a description so specified, or

(c)

any drinking establishment.

(4)

In this section “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”

(7)

After section 250C (inserted by subsection (6)) insert—

“250DRestriction zone condition

(1)

A restriction zone condition is a condition requiring a person to remain in one or more areas specified in the condition.

(2)

A restriction zone condition may require a person to remain in different areas at different times.

(3)

Where a restriction zone condition specifies different areas which do not adjoin each other, it may include provision for the person to whom the condition applies to travel between any of those areas.”

(8)

In consequence of the provision made by subsection (1), in section 11(2) of the Offender Rehabilitation Act 2014 omit paragraphs (b) to (d).

(9)

The amendments made by this section, as well as applying to a person released on or after the day on which those amendments come into force, apply to a person released before that day.

28Licence conditions: offenders sentenced under repealed armed forces legislation

(1)

The Criminal Justice and Court Services Act 2000 is amended as follows.

(2)

In section 62 (release on licence etc: electronic monitoring conditions), in subsection (5)—

(a)

omit the “and” at the end of paragraph (g) and insert—

“(ga)

a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,”;

(b)

in paragraph (h), for “that Act” substitute “the Armed Forces Act 2006”;

(c)

at the end of paragraph (h) insert “, and

(i)

a custodial order under—

(i)

section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

(ii)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,”.

(3)

In section 62A (release on licence etc: compulsory electronic monitoring conditions), in subsection (4)—

(a)

omit the “or” at the end of paragraph (c) and insert—

“(ca)

a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),”;

(b)

in paragraph (d), for “that Act” substitute “the Armed Forces Act 2006”;

(c)

at the end of paragraph (d) insert “, or

(e)

a custodial order under—

(i)

section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

(ii)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.”

(4)

In section 64 (release on licence etc: drug testing requirements), in subsection (5)—

(a)

omit the “and” at the end of paragraph (g) and insert—

“(ga)

a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,”;

(b)

in paragraph (h), for “that Act” substitute “the Armed Forces Act 2006”;

(c)

at the end of paragraph (h) insert “, and

(i)

a custodial order under—

(i)

section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

(ii)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,”.

(5)

In section 64A (release on licence etc: drug appointments), in subsection (8), in the definition of “sentence of imprisonment”—

(a)

in paragraph (f), after “2006” insert “or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957”;

(b)

in paragraph (g), for “that Act” substitute “the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957”.

(6)

The amendments made by this section, as well as applying to a person released on or after the day on which those amendments come into force, apply to a person released before that day.

Recall and further release

29Power to make provision about recall to prison

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

In section 254 (recall of prisoners while on licence), after subsection (6) insert—

“(6A)

The Secretary of State may by order amend this Chapter so as to make provision for and about circumstances or cases in which the Secretary of State may, or may not, revoke a person’s licence and recall the person to prison under subsection (1).

(6B)

An order under subsection (6A) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”

(3)

In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

“section 254(6A),”.

30Further release after recall: introductory

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

For section 255A substitute—

“255AFurther release after recall: introductory

(1)

This section applies for the purpose of identifying which of sections 255B, 255BA and 255C governs the further release of a person who has been recalled under section 254.

(2)

In this section—

(a)

subsections (3) to (6) apply to a person who is serving only one or more sentences imposed under section 250 of the Sentencing Code or section 91 of the PCC(S)A 2000 (a “relevant young offender”);

(b)

subsections (7) and (8) apply to other persons.

(3)

The Secretary of State must, on recalling a relevant young offender other than an offender whose case was referred to the Board under section 244ZB, consider whether the offender is suitable for release at the end of the section 255B automatic release period (see section 255B(1A) and (1B) for the meaning of this period).

(4)

A relevant young offender is suitable for release at the end of the section 255B automatic release period only if—

(a)

the offender—

(i)

is aged 18 or over,

(ii)

is serving a sentence of less than 12 months,

(iii)

has not been recalled on account of being charged with a serious offence, and

(iv)

is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(b)

where paragraph (a) does not apply, the Secretary of State is satisfied that the offender will not present a risk of serious harm to members of the public if released at the end of the section 255B automatic release period.

(5)

For the purposes of subsection (4)(a)(iii), “serious offence” means—

(a)

murder, or

(b)

an offence listed in Schedule 18 to the Sentencing Code.

(6)

A relevant young offender must be dealt with—

(a)

in accordance with section 255B if suitable for release at the end of the section 255B automatic release period;

(b)

in accordance with section 255C otherwise,

but that is subject, where applicable, to section 243A(2) (unconditional release).

(7)

A person who is not a relevant young offender must be dealt with—

(a)

in accordance with section 255BA if—

(i)

the person is eligible for release at the end of the section 255BA automatic release period (see section 255BA(2) for the meaning of this period), and

(ii)

the Secretary of State has not made a determination under subsection (5) of that section in relation to the person;

(b)

in accordance with section 255C otherwise,

but that is subject, where applicable, to section 243A(2) (unconditional release).

(8)

A person who is not a relevant young offender is eligible for release at the end of the section 255BA automatic release period except where the person—

(a)

is an extended sentence prisoner,

(b)

is serving a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code (prisoners serving sentences for offenders of particular concern),

(c)

is serving a sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners),

(d)

is serving a sentence for an offence listed in Schedule 19ZB (offences involving or connected with terrorism or a threat to national security),

(e)

is serving a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security),

(f)

is a relevant terrorist offender for the purposes of section 325(2)(aa) (see section 327),

(g)

falls, immediately before being recalled, within section 325(2)(c) (persons considered to be persons who may be at risk of involvement in terrorism-related activity),

(h)

is, immediately before being recalled, a person who is considered by the Secretary of State to be a person who may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(i)

is being managed, immediately before being recalled, at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders),

(j)

is a person whose case was referred to the Board under section 244ZB (referral of high-risk offenders),

(k)

has been recalled on account of being charged with an offence, or

(l)

is a person to whom Part 2 or 3 of Schedule 20B applies (transitional cases).

(9)

For the purposes of subsection (8)(a), an “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

(a)

section 226A, 226B, 227 or 228 of this Act,

(b)

section 254, 266 or 279 of the Sentencing Code, or

(c)

section 85 of the PCC(S)A 2000,

and paragraph (c) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.

(10)

The Secretary of State may by order—

(a)

amend subsection (8) so as to—

(i)

add a description of person;

(ii)

alter or remove a description of person for the time being mentioned in the subsection;

(b)

further amend this Act for the purpose of making provision which is consequential on provision made under paragraph (a).

(11)

An order under subsection (10) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”

(3)

In section 330(5)(a)(orders subject to affirmative procedure), at the appropriate place insert—

“section 255A(10),”.

(4)

After Schedule 19ZA insert the Schedule set out in Schedule 4 to this Act (offences where offender not eligible for release at the end of the section 255BA automatic release period).

(5)

Omit Schedule 19AA (offences where offender not suitable for automatic release).

31Further release after recall: relevant young offenders suitable for automatic release

(1)

Section 255B of the Criminal Justice Act 2003 is amended as follows.

(2)

In the heading, after “release” insert “: relevant young offenders”.

(3)

For subsection (1) substitute—

“(1)

A relevant young offender who is suitable for automatic release at the end of the section 255B automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (8) and (9)), and

(b)

at the end of the section 255B automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(1A)

In the case of a relevant young offender recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means—

(a)

where the offender is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the offender returns to custody;

(b)

where the offender is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

(1B)

In the case of a relevant young offender recalled under section 254 while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later—

(a)

the period described in subsection (1A)(a) or (b) (as appropriate);

(b)

the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier release.”

(4)

In subsection (9), in the words before paragraph (a) and in paragraph (b), for “automatic release” substitute “release at the end of the section 255B automatic release period”.

(5)

For subsection (10) substitute—

“(10)

Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(5)).”

(6)

At the end insert—

“(11)

For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(12)

In this section, “relevant young offender” has the same meaning as in section 255A.”

32Further release after recall: other offenders eligible for automatic release

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

After section 255B insert—

“255BAAutomatic release: other offenders

(1)

A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and

(b)

at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)).

(2)

The “section 255BA automatic release period”, in relation to P, means—

(a)

if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody;

(b)

if P is recalled under section 254 while on licence under section 246, whichever of the following ends later—

(i)

the period of 56 days beginning with the day on which P returns to custody;

(ii)

the requisite custodial period which P would have served under section 243A or 244 but for the earlier release.

(3)

The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(4)

The Secretary of State must not release P under subsection (3) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the section 255BA automatic release period.

(5)

Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period.

(6)

The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied.

(7)

The first condition is that the Secretary of State believes on reasonable grounds that P 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)

an offence listed in Schedule 18 to the Sentencing Code.

(8)

The second condition is that, after P is recalled, the Secretary of State receives information—

(a)

that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)),

(b)

that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(c)

that results in a determination that, if released at the end of the section 255BA automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(d)

that P has been charged with an offence.

(9)

Where this subsection applies—

(a)

if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and

(b)

P is to be dealt with in accordance with section 255C (and accordingly not released under this section).

(10)

The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs.

(11)

For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.”

(3)

In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

“section 255BA(10),”.

(4)

In section 255BA (automatic release: other offenders) (as inserted by subsection (2)), after subsection (4) insert—

“(4A)

The Secretary of State must not be satisfied as mentioned in subsection (4) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).”

33Further release after recall: supplementary

(1)

The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (11).

(2)

In section 237A(12)(b) (public protection decisions), for “not suitable for” substitute “excluded from”.

(3)

In section 240ZA(6) (time remanded in custody to count as time served), after “255B(1)” insert “or 255BA(1)”.

(4)

In section 240A(3B) (time remanded on bail to count as time served), after “255B(1)” insert “or 255BA(1)”.

(5)

In section 244(1A) (duty to release prisoners not subject to special provision for release), for “and”, in the second place it occurs, substitute “to”.

(6)

In section 244ZA(2) (release on licence of certain violent or sexual offenders), in paragraph (c), for “and” substitute “to”.

(7)

In section 247A(7) (restricted eligibility for release on licence of terrorist prisoners), for “255B and” substitute “255A to”.

(8)

In section 255C (prisoners excluded from automatic release)—

(a)

in the heading, for “not suitable for automatic release” substitute “excluded from automatic release under section 255B or 255BA”;

(b)

for subsection (1), substitute—

“(1)

This section applies to a prisoner (“P”)—

(a)

who is a relevant young offender and—

(i)

whose case was referred to the Board under section 244ZB, or

(ii)

who is not considered suitable for release at the end of the section 255B automatic release period (see sections 255A(4) and 255B(9)), or

(b)

who is not a relevant young offender and—

(i)

who is not a prisoner eligible for automatic release at the end of the section 255BA automatic release period (see section 255A(8)), or

(ii)

who the Secretary of State has determined should not be released at the end of the section 255BA automatic release period (see section 255BA(5)).”;

(c)

at the end insert—

“(9)

In this section, “relevant young offender” has the same meaning as in section 255A.”

(9)

In section 256AZA(4) (release after recall where further sentence being served), after “255B,” insert “255BA,”.

(10)

In section 256AZB(1) (power to change test for release following recall)—

(a)

in paragraph (a), for “automatic release” substitute “release at the end of the section 255B automatic release period”;

(b)

in paragraph (b), after “section 255B(2)” insert “, 255BA(3)”;

(c)

after paragraph (b) insert—

“(ba)

the test to be applied by the Secretary of State in determining under subsection (5) of section 255BA that a person should not be released at the end of the section 255BA automatic release period;”.

(11)

In Schedule 19B (prisoners returning to the UK: modifications of Chapter 6 of Part 12), in paragraphs 6 and 12, for paragraph (b) substitute—

“(b)

section 255C (prisoners excluded from automatic release) applied to them.”

(12)

In section 246(2C) of the Armed Forces Act 2006 (crediting of time in service custody), after “255B(1)” insert “or 255BA(1)”.

(13)

In consequence of the amendments made by sections 30 to 32 and this section—

(a)

in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 20 omit paragraph 7;

(b)

in the Offender Rehabilitation Act 2014, omit section 9(4) and (5);

(c)

in the Sentencing Act 2020, in Schedule 24 omit paragraph 228;

(d)

in the Counter-Terrorism and Sentencing Act 2021, in Schedule 13 omit paragraph 9(6) and (7)(b);

(e)

in the Police, Crime, Sentencing and Courts Act 2022, omit section 132(6) and (7);

(f)

the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833) is revoked.

(14)

The amendments made by sections 30, 31, 32(1) to (3), this section and Schedule 4, as well as applying to a person recalled on or after the day on which those amendments come into force, apply to a person (“P”) recalled before that day except where P, immediately before that day—

(a)

is in custody or detention, and

(b)

is not being dealt with in accordance with section 255C (prisoners excluded from automatic release).

Removal of requirement for supervision after sentence

34Repeal of provisions relating to supervision after end of sentence

(1)

In the Criminal Justice Act 2003—

(a)

for the italic heading before section 256AA, for “offenders” substitute “certain young offenders after release”;

(b)

omit sections 256AA to 256AC (supervision after end of sentence of prisoners serving less than 2 years);

(c)

omit Schedule 19A (supervision default orders).

(2)

In the Sentencing Code, omit section 247 (supervision after end of term of detention and training order).

(3)

Schedule 5 makes provision which is consequential on subsections (1) and (2).

(4)

Subject to subsection (5), the amendments made by this section and Schedule 5 have effect in relation to supervision requirements imposed on a person under section 256AA of the Criminal Justice Act 2003 before the day on which the amendments come into force.

(5)

The amendments do not have effect in relation to a failure, or alleged failure, to comply with such a supervision requirement where the failure or alleged failure began, or is alleged to have begun, before the day on which the amendments come into force.

Early removal of prisoners liable to removal from the United Kingdom

35Early removal of prisoners liable to removal from United Kingdom

(1)

In section 260 of the Criminal Justice Act 2003 (early removal of prisoners liable to removal from United Kingdom)—

(a)

in subsection (1) omit “after the prisoner has served the minimum pre-removal custodial period”;

(b)

omit subsection (2);

(c)

omit subsection (6);

(d)

in subsection (9) omit from “and in such a case—” to the end of that subsection.

(2)

In consequence of the amendments made by subsection (1)—

(a)

in section 257(2) of the Criminal Justice Act 2003 (additional days for disciplinary offences)—

(i)

at the end of paragraph (a) insert “and”;

(ii)

omit paragraph (b) and the “and” at the end of that paragraph;

(b)

in section 263 of that Act (concurrent terms), omit subsection (2A);

(c)

in section 330(5)(a) of that Act (procedure for orders), omit “section 260,”;

(d)

in Schedule 20B to that Act (transitional provision), in paragraph 37(1)—

(i)

in paragraph (b) omit “during the period mentioned in subsection (1) of that section”;

(ii)

in the words after paragraph (b) omit “after the end of that period”;

(e)

in section 47 of the Nationality and Borders Act 2022 (prisoners liable to removal from United Kingdom), omit subsections (8) and (10).

Community order requirements and community requirements

36Removal of maximum period for unpaid work requirement

(1)

The Sentencing Code is amended as follows—

(a)

in paragraph 1 of Schedule 9 (meaning of “unpaid work requirement”: community order and suspended sentence order)—

(i)

in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

(ii)

omit sub-paragraph (2);

(b)

in Schedule 10, omit paragraph 21 and the italic heading before it;

(c)

in Schedule 16, omit paragraph 27 and the italic heading before it.

(2)

Schedule A1 to the Children Act 1989 is amended as follows—

(a)

in paragraph 3A (meaning of “unpaid work requirement”: enforcement order)—

(i)

in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

(ii)

in sub-paragraph (2), for “paragraphs 7 and 9” substitute “paragraph 9”;

(iii)

omit sub-paragraph (3);

(b)

omit paragraph 7 and the italic heading before it;

(c)

in paragraph 9 (breach of an enforcement order), in sub-paragraph (9) omit paragraph (b).

(3)

The amendments made by subsections (1) and (2) apply in relation to a community order, suspended sentence order or, as the case may be, an enforcement order whenever made.

(4)

In paragraph 3(4) of Schedule 19A to the Criminal Justice Act 2003 (modification of Sentencing Code in its application to supervision default orders), for paragraph (b), substitute—

“(b)

as if, in paragraph (b), after “the times” there were inserted “, before the end of the supervision period,”.”

(5)

If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (4), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.

(6)

In consequence of the amendments made by subsection (2), in paragraph 112 of Schedule 24 to the Sentencing Act 2020—

(a)

omit sub-paragraph (4);

(b)

in sub-paragraph (6), omit paragraph (b).

37Number of hours of work required by unpaid work requirement

(1)

Part 1 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: unpaid work requirement) is amended in accordance with subsections (2) and (3).

(2)

In paragraph 2 (number of hours of unpaid work)—

(a)

for sub-paragraph (1) substitute—

“(1)

A relevant order imposing an unpaid work requirement must specify the number of hours that the offender may be required to work under the requirement subject to any reduction under paragraph 3A.

(1A)

The number of hours which may be specified in the order must, in aggregate, be—

(a)

not less than 40, and

(b)

not more than 300.”;

(b)

in sub-paragraph (2), for “(1)(b)(i)” substitute “(1A)(a)”;

(c)

in sub-paragraph (4), in the final sentence, for “(1)(b)(ii)” substitute “(1A)(b)”.

(3)

After paragraph 3 insert—

“Reduction in number of hours of work required by unpaid work requirement

3A

(1)

This paragraph applies where—

(a)

a relevant order is in force,

(b)

the order includes an unpaid work requirement,

(c)

the offender has performed the qualifying amount of work in relation to the requirement,

(d)

the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and

(e)

during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions.

(2)

For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary).

(3)

Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked.

(4)

For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement.

(5)

But if—

(a)

the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or

(b)

the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions,

any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour.

(6)

Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work—

(a)

the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and

(b)

sub-paragraph (3) does not apply in relation to that additional unpaid work requirement.

(7)

The Secretary of State may by regulations amend this paragraph so as to—

(a)

vary the percentage for the time being specified in sub-paragraph (2);

(b)

vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender;

(c)

omit sub-paragraph (1)(d) or (e) or (5);

(d)

provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application;

(e)

vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d).

(8)

Regulations under sub-paragraph (7)—

(a)

may make consequential amendments (including amendments of primary legislation);

(b)

are subject to the affirmative resolution procedure.”

(4)

In consequence of the amendments made by subsections (1) to (3), the Sentencing Act 2020 is amended as follows—

(a)

in section 220(3) (when a community order ceases to be in force), at the end insert “, subject to any reduction under paragraph 3A of Schedule 9”;

(b)

in section 288(5)(a) (supervision period of suspended sentence order), for “under paragraph 2(1) of Schedule 9” substitute “, subject to any reduction under paragraph 3A of Schedule 9”;

(c)

in paragraph 13(4) of Schedule 10 (imposition of more onerous requirements on breach of order), in the words after paragraph (b), for “for” to “paragraph 2(1)” substitute “which may be specified in the order (see paragraph 2(1A)”;

(d)

in paragraph 13(1)(a) of Schedule 23 (power to amend maximum number of hours of unpaid work), for “paragraph 2(1)” substitute “paragraph 2(1A)”.

(5)

In Schedule 19A to the Criminal Justice Act 2003 (supervision default orders: application and modification of provisions relating to community orders)—

(a)

in paragraph 2(f), after “2(1)” insert “and (1A)”;

(b)

in paragraph 3—

(i)

after sub-paragraph (3) insert—

“(3A)

Section 220(3) applies as if the words “, subject to any reduction under paragraph 3A of Schedule 9” were omitted.”;

(ii)

for sub-paragraph (5) substitute—

“(5)

Paragraph 2(1) of that Schedule applies as if the words “subject to any reduction under paragraph 3A” were omitted.

(5A)

Paragraph 2(1A) of that Schedule applies as if for paragraphs (a) and (b) (limit on number of hours of unpaid work) there were substituted—

“(a)

not less than 20 hours, and

(b)

not more than 60 hours.”

(c)

in paragraph 6, for “paragraph 3(5)” substitute “paragraph 3(5A)”;

(d)

in paragraph 10(2)(b), for “2(1)” substitute “2(1A)”.

(6)

If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (5), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.

(7)

In Schedule 31 to the Criminal Justice Act 2003 (default orders: modification of provisions relating to community orders)—

(a)

in paragraph 2 (unpaid work requirement)—

(i)

after sub-paragraph (1), insert—

“(1A)

In sub-paragraph (1), the words “subject to any reduction under paragraph 3A” are omitted.”;

(ii)

in sub-paragraph (2), for the words before the Table in that sub-paragraph substitute

“In sub-paragraph (1A), for paragraphs (a) and (b) there is substituted—

“(a)

not less than 20 hours, and

(b)

in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.””

(b)

after paragraph 2 insert—

“2A

In its application to a default order, Schedule 9 to the Sentencing Code has effect as if paragraph 3A (reduction in number of hours of work required by unpaid work requirement) were omitted.”

(8)

The amendments made by this section apply in relation to a community order, suspended sentence order, supervision default order or default order whenever made.

38Termination of community order

(1)

The Sentencing Code is amended as follows.

(2)

In the italic heading before section 218, after “revocation” insert “, termination”.

(3)

In section 218—

(a)

in the heading, after “revocation” insert “, termination”;

(b)

after paragraph (b) insert—

“(ba)

termination of community orders;”.

(4)

In section 220(2) (when a community order ceases to be in force)—

(a)

the words “when it is revoked” become paragraph (a), and

(b)

at the end of that paragraph insert “, or

(b)

when it terminates under Part 3A of Schedule 10.”

(5)

In Schedule 10 (breach, revocation or amendment of community order)—

(a)

in the heading, after “revocation” insert “, termination”;

(b)

after Part 3 insert—

“Part 3ATermination of order

15A

(1)

This paragraph applies if—

(a)

a community order is in force,

(b)

the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures),

(c)

in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,

(d)

in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and

(e)

in a case where a sentence plan has been prepared for the offender, the responsible officer—

(i)

considers that the offender has met the objectives set out in the plan, and

(ii)

does not consider that it is necessary to add to those objectives.

(2)

The community order terminates on the date specified by the responsible officer to the offender.

(3)

In this paragraph “sentence plan”, in relation to an offender to whom a community order relates, means a plan prepared by the responsible officer which sets out—

(a)

the community order requirements imposed by the order,

(b)

any objectives to be met by the offender for the purposes of the order, and

(c)

how the offender—

(i)

will comply with those requirements, and

(ii)

will meet any such objectives.

(4)

If section 38 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.”

(6)

The amendments made by this section apply to a community order whenever made.

39Termination of supervision period of suspended sentence order

(1)

The Sentencing Code is amended as follows.

(2)

In section 288 (operational period and supervision period), after subsection (5) insert—

“(6)

For provision about the termination of the supervision period, see paragraph 22A of Schedule 16.”

(3)

In section 303 (introduction of Schedule 16), after paragraph (a) (but before the “and” at the end of that paragraph) insert—

“(aa)

termination of the supervision period of a suspended sentence order,”.

(4)

In section 305 (suspended sentences: interpretation), in the definition of the “the supervision period”, in the words after paragraph (c), after “requirement)” insert “and paragraph 22A of Schedule 16 (termination of supervision period)”.

(5)

In Part 3 of Schedule 16 (amendment of suspended sentence order), after paragraph 22 insert—

“Termination of supervision period

22A

(1)

This paragraph applies if—

(a)

the suspended sentence order does not contain provision for review within the meaning of section 293A (review of suspended sentence order qualifying for special procedures),

(b)

in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,

(c)

in a case where the order imposes one or more other community requirements listed in section 287 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and

(d)

in a case where a sentence plan has been prepared for the offender, the responsible officer—

(i)

considers that the offender has met the objectives set out in the plan, and

(ii)

does not consider that it is necessary to add to those objectives.

(2)

The supervision period terminates on the date specified by the responsible officer to the offender.

(3)

In this paragraph “sentence plan”, in relation to an offender to whom a suspended sentence order relates, means a plan prepared by the responsible officer which sets out—

(a)

the community requirements imposed by the order,

(b)

any objectives to be met by the offender for the purposes of the order, and

(c)

how the offender—

(i)

will comply with those requirements, and

(ii)

will meet any such objectives.

(4)

If section 39 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.”

(6)

In paragraph 25 of Schedule 17 (modifications of Part 3 of Schedule 16 to the Code in relation to an SSSO or NISSO), after paragraph (d) insert—

“(da)

paragraph 22A (termination of supervision period) were omitted;”.

(7)

The amendments made by this section apply to a suspended sentence order whenever made.

Parole Board rules

40Rules about the proceedings of the Parole Board

Omit section 73(2) of the Victims and Prisoners Act 2024 (rules about the proceedings of the Parole Board).

Repatriated prisoners

41Application of provisions about release etc to certain repatriated prisoners

(1)

In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to transferred prisoners), after paragraph 2A insert—

“Application of release provisions to prisoner serving fixed-term sentence for murder

2B

(1)

This paragraph applies to a prisoner if—

(a)

the prisoner has been transferred to England and Wales in pursuance of a warrant under section 1,

(b)

the prisoner is serving a sentence for an offence which corresponds to murder under the law of England and Wales, and

(c)

by virtue of that sentence the prisoner is a fixed-term prisoner for the purposes of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”).

(2)

If, apart from this sub-paragraph, section 243A of the 2003 Act (duty to release certain prisoners serving less than 12 months) would apply to the prisoner, Chapter 6 of Part 12 of that Act and the following provisions of this paragraph have effect in relation to the prisoner as if section 244 of that Act applied to the prisoner.

(3)

If section 244 of the 2003 Act (duty to release prisoners not subject to special provision for release) applies to the prisoner, Chapter 6 of Part 12 of that Act has effect in relation to the prisoner as if the requisite custodial period for the purposes of that section were—

(a)

where the prisoner is serving one sentence, two-thirds of the sentence, and

(b)

where the prisoner is serving two or more concurrent or consecutive sentences, the period determined under section 263(2) and 264(2B) or (2E) of the 2003 Act.

(4)

If, apart from this sub-paragraph, the prisoner could be released on licence under section 246 of the 2003 Act, the prisoner must not be released under that section.

(5)

If—

(a)

the prisoner is recalled to prison under section 254 of the 2003 Act, and

(b)

apart from this sub-paragraph, section 255B or 255BA of that Act (automatic release) would apply to the prisoner following the prisoner’s recall,

section 255C of that Act (prisoners excluded from automatic release) applies to the prisoner instead.

(6)

Section 256AZBA of the 2003 Act (referral of release decisions to High Court) has effect in relation to the prisoner as if the offence mentioned in sub-paragraph (1)(b) of this paragraph were specified in section 256AZBB(1) of that Act (specified offences for the purposes of section 256AZBA).

(7)

If section 264 of the 2003 Act (consecutive terms) applies to the prisoner, that section has effect in relation to the prisoner as if the minimum custodial period in relation to the prisoner’s sentence for the offence mentioned in sub-paragraph (1)(b) of this paragraph were two-thirds of the sentence.

(8)

Section 264B of the 2003 Act (consecutive terms: supplementary) does not apply to the prisoner.”

(2)

In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of Part 12 in certain transitional cases), in paragraph 4(5)(c), omit “to murder or”.

(3)

The amendments made by this section, as well as applying to a prisoner who is transferred into England and Wales on or after the day on which those amendments come into force, apply to a prisoner who is transferred into England and Wales before that day.

(4)

But if—

(a)

a prisoner is transferred into England and Wales before the day on which the amendments made by this section come into force, and

(b)

the prisoner is released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 before that day,

those amendments do not apply to the prisoner unless the prisoner is recalled to prison under section 254 or 255 of that Act on or after that day.

Sentences of imprisonment or detention for public protection

42Imprisonment or detention for public protection: termination of licences

(1)

The Crime (Sentences) Act 1997 is amended as follows.

(2)

In section 31A (imprisonment or detention for public protection: termination of licences)—

(a)

after subsection (3) insert—

“(3A)

Where—

(a)

the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32),

(b)

the qualifying period has expired,

(c)

the prisoner’s licence has remained in force for a continuous period of one year beginning not before the qualifying period expired, and

(d)

the prisoner requests that the Secretary of State refer their case to the Parole Board,

the Secretary of State must refer the prisoner’s case to the Board under this subsection.

(3B)

Only one request may be made under subsection (3A)(d) in any continuous period during which the prisoner’s licence remains in force.”;

(b)

in subsection (4), after “(3)” insert “or (3A)”;

(c)

in subsection (4D), for the words from “The reference under” to “that subsection” substitute “A reference under subsection (3) or (3A) must not be made, and a reference under either of those subsections”;

(d)

in subsection (4E)(a), after “(3)” insert “or (3A)”;

(e)

in subsection (5), in the definition of “the qualifying period”, for the words from “means—” to the end of the definition substitute “means the period of two years beginning with the date of the prisoner’s release.”;

(f)

in subsection (6)—

(i)

omit “paragraph (a) or (b) of”;

(ii)

after “the definition of “the qualifying period”” insert “in relation to—

(a)

a prisoner who was not at any time, in the period specified in the regulations beginning with the date of the prisoner’s release, serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over;

(b)

any other prisoner.”

(3)

In section 32 (recall of life prisoners while on licence), in subsection (5C), after “for the purposes of” insert “paragraph (c) of section 31A(3A) (referral to Parole Board) or”.

(4)

In section 32ZZA (imprisonment or detention for public protection: powers in relation to release of recalled prisoners), in subsection (4), after “for the purposes of” insert “paragraph (c) of section 31A(3A) (referral to Parole Board) or”.

43Powers of High Court on referral

(1)

Section 32ZAC of the Crime (Sentences) Act 1997 (powers of the High Court on referral of release decision) is amended in accordance with subsections (2) to (4).

(2)

In subsection (1), after “section 32ZAA,” insert “and unless subsection (2B) applies on the referral,”.

(3)

After subsection (2) insert—

“(2A)

Subsection (2B) applies on a referral of a prisoner’s case under section 32ZAA if, by virtue of section 31A(4F)(a), the Parole Board has directed the Secretary of State to release the prisoner unconditionally.

(2B)

The High Court—

(a)

must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner unconditionally;

(b)

otherwise, must make an order quashing the Parole Board’s direction to release the prisoner unconditionally.”

(4)

In subsection (3), after “(1)(b)” insert “or (2B)(b)”.

(5)

Section 32ZB of the Crime (Sentences) Act 1997 (release at direction of Parole Board: timing) is amended in accordance with subsections (6) and (7).

(6)

In subsection (1), after “32ZAC(1)(a)” insert “or (2B)(a)”.

(7)

In subsection (2), after “the need” insert “where the life prisoner is to be released on licence”.

(8)

The amendments made by this section do not affect the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.