C7Part 12Sentencing

Annotations:
Modifications etc. (not altering text)

Chapter 6Release on licence

Release on licence

I1250Licence conditions

C1C21

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.

2

Subject to subsection (6) and section 251, any licence under this Chapter in respect of a prisoner serving one or more sentences of imprisonment of less than twelve months and no sentence of twelve months or more—

a

must include—

i

the conditions required by the relevant court order, and

ii

so far as not inconsistent with them, the standard conditions, and

b

may also include—

i

any condition which is authorised by section 62 of the Criminal Justice and Court Services Act 2000 (c. 43) (electronic monitoring) or section 64 of that Act (drug testing requirements) and which is compatible with the conditions required by the relevant court order, and

ii

such other conditions of a kind prescribed for the purposes of this paragraph as the Secretary of State may for the time being consider to be necessary for the protection of the public and specify in the licence.

F12A

If the sentence (or, if more than one, each sentence) that the prisoner is serving is one in relation to which no custody plus or intermittent custody order is in force, subsection (2) has effect as if there were omitted—

a

paragraph (a)(i);

b

the words “so far as not inconsistent with them,” in paragraph (a)(ii); and

c

the words from “and which” in paragraph (b)(i).

3

For the purposes of subsection (2)(a)(i), any reference in the relevant court order to the licence period specified in the order is, in relation to a prohibited activity requirement, exclusion requirement, residence requirement or supervision requirement, to be taken to include a reference to any other period during which the prisoner is released on licence under section 246 or 248.

C3C44

Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment for a term of twelve months or more (including such a sentence imposed under section 227) or any sentence of detention under section 91 of the Sentencing Act or section 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 F2or 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.

6

Where—

a

a licence under section 246 is granted to a prisoner serving one or more sentences of imprisonment of less than 12 months and no sentence of 12 months or more, and

b

the relevant court order requires the licence to be granted subject to a condition requiring his compliance with a curfew requirement (as defined by section 204),

that condition is not to be included in the licence at any time while a curfew condition required by section 253 is in force.

7

The preceding provisions of this section have effect subject to section 263(3) (concurrent terms) F3, section 264(3) and (4) (consecutive terms) and section 264A(3) (consecutive terms: intermittent custody).

C5C68

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.