Part 12

Sentencing
Chapter 6

Release, licences, supervision and recall

Persons liable to removal from the United Kingdom

Early removal of prisoners liable to removal from United Kingdom
260
1
Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter).
2
The minimum pre-removal custodial period is the longer of—
a
30%
of the requisite custodial period, and
b
the requisite custodial period less
4 years
.
2C
Subsection (1) does
do not apply in relation to a prisoner to whom section 247A applies.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A prisoner removed from prison under this section—
a
is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
i
Schedule 2 or 3 to the Immigration Act 1971, or
ii
section 10 of the Immigration and Asylum Act 1999 (c. 33), and
b
so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.
4A
Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included—
a
when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or
b
when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling
x
days after the actual anniversary, where
x
is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence).
4B
Where—
a
before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and
b
the person is removed from the United Kingdom before the Board has disposed of the reference,
the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Secretary of State may by order—
a
amend the fraction for the time being specified in subsection (2)(a);
b
amend the time period for the time being specified in subsection (2)(b).
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.
9
Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—
a
the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and
b
subsection (5) is to be read as including reference to section 247A.
S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already 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)
S. 260(3) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)
S. 260(3A) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153(7), Sch. 28 Pt. 2; S.I. 2009/2606, art. 3(j)(i)
Pt. 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)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
S. 260(6)(a)(b) substituted for s. 260(6)(a)-(c) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(8), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
S. 260(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 6; S.I. 2012/2906, art. 2(o)
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
S. 260(1)(2) substituted for s. 260(1)-(2B) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
S. 260(4A)(4B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(6), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
S. 260(2C) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(c), 10(4)
S. 260(5) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 47(7), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 260(2C) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
S. 260(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(4), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
S. 260(9) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(d), 10(4)
S. 260(4)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
Pt. 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)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
Pt. 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
Word in s. 260(2)(a) substituted (23.9.2025) by The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 (S.I. 2025/1187), arts. 1(2), 2(a)
Words in s. 260(2)(b) substituted (23.9.2025) by The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 (S.I. 2025/1187), arts. 1(2), 2(b)