The Criminal Justice (Sentencing) (Licence Conditions) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order sets out the standard and other conditions that may be imposed when a prisoner is released from prison on licence into the community under sections 250 and 251 of the Criminal Justice Act 2003 (c. 44). Article 2 contains the standard conditions, which apply in the case of all prisoners released on licence, and cover matters such as residence, work and travel requirements. Article 3 sets out other conditions that may be imposed in the case of all prisoners serving a determinate prison sentence of 12 months or more, and for the purpose of public protection only in the case of prisoners serving a sentence of less than 12 months. Examples of this type of condition are a requirement not to approach or contact a particular person, or enter a particular place. Article 4 contains an additional condition, available only in the case of prisoners serving a determinate prison sentence of 12 months or more, requiring the prisoner to participate in a specified activity or set of activities. An example of this would be a condition that the prisoner attended a particular offending behaviour programme.

The Criminal Justice Act 2003 (Commencement No. 1) Order 2003 (2003/3282 (C.129)) brings into force those provisions of Part 12 of the Criminal Justice Act 2003 relevant for the purposes the passing of a sentence of imprisonment to which an intermittent custody order relates, and the release on licence of a person serving such a sentence. This Order will therefore be relevant to the release on licence of those prisoners only, until such time as a further commencement order provides for the release on licence of prisoners serving other sentences.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.