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Part 12U.K.Sentencing

Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

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

Textual Amendments

Modifications etc. (not altering text)

C3Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Release on licenceE+W

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.

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

F3(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F5... (including F5... a sentence imposed under section [F6226A or] 227) or any sentence of detention under section 91 [F7or 96] of the Sentencing Act or section [F8226A, 226B,] [F9227 or] 228 of this Act—

(a)must include the standard conditions, and

(b)may include—

(i)any condition authorised by section 62 or 64 of the Criminal Justice and Court Services Act 2000 [F10or 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.

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

[F11(5A)In respect of a prisoner serving an extended sentence imposed under section 226A or 226B whose release is directed by the Board under section 246A(5), a licence under—

(a)section 246A(5) (initial release), or

(b)section 255C (release after recall),

may not include conditions referred to in subsection (4)(b)(ii) unless the Board directs the Secretary of State to include them.]

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The preceding provisions of this section have effect subject to section 263(3) (concurrent terms) , [F13and section 264(3) (consecutive terms)].

(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.

Textual Amendments

F10Words in s. 250(4)(b)(i) inserted (temp. from 19.1.2009 until 31.3.2012 for certain purposes, otherwise prosp. ) by Offender Management Act 2007 (c. 21), ss. 28(5), 41(1); S.I. 2009/32, arts. 3(a), 4, 5

Commencement Information

I1S. 250 partly in force; s. 250 not in force at Royal Assent, see s. 336(3); s. 250(1)-(3)(5)-(8) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 250(1)(2)(b)(ii)(4)(b)(ii)(8) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 250(1)(4)-(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)