Legislation – Sentencing Act 2026
Changes to legislation:
Sentencing Act 2026, Section 41 is up to date with all changes known to be in force on or before 04 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Part 2Management of offenders after sentencing
Repatriated prisoners
41Application of provisions about release etc to certain repatriated prisoners
(1)
“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)
(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.