Search Legislation

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, CHAPTER 5 is up to date with all changes known to be in force on or before 25 July 2024. 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 3 Chapter 5:

  • specified provision(s) amendment to earlier commencing S.I. 2016/286, art. 4(1) by S.I. 2017/225 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CHAPTER 5E+WDangerous offenders

122Life sentence for second listed offenceE+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 19 (life sentence for second listed offence: consequential and transitory provision) has effect.

Textual Amendments

Modifications etc. (not altering text)

C1S. 122 modified in part (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), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

123Abolition of certain sentences for dangerous offendersE+W

In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) omit—

(a)section 225(3) to (4) (imprisonment for public protection for serious offences),

(b)section 226(3) to (4) (detention for public protection for serious offences),

(c)section 227 (extended sentence for certain violent or sexual offences: persons 18 or over), and

(d)section 228 (extended sentence for certain violent or sexual offences: persons under 18).

Commencement Information

I1S. 123 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(e) (with art. 6)

F2124New extended sentencesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125New extended sentences: release on licence etcE+W

(1)Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) is amended as follows.

(2)In section 244(1) (duty to release prisoners on licence) (as amended by Schedule 14 to this Act) after “243A” insert “ , 246A ”.

(3)After section 246 insert—

246ARelease on licence of prisoners serving extended sentence under section 226A or 226B

(1)This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B.

(2)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section unless either or both of the following conditions are met—

(a)the appropriate custodial term is 10 years or more;

(b)the sentence was imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.

(3)If either or both of those conditions are met, it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).

(4)The Secretary of State must refer P's case to the Board—

(a)as soon as P has served the requisite custodial period, and

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as—

(a)P has served the requisite custodial period, and

(b)the Board has directed P's release under this section.

(6)The Board must not give a direction under subsection (5) unless—

(a)the Secretary of State has referred P's case to the Board, and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.

(7)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).

(8)For the purposes of this section—

  • appropriate custodial term” means the term determined as such by the court under section 226A or 226B (as appropriate);

  • the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

(4)Schedule 20 (release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003) has effect.

126Sections 123 to 125: consequential and transitory provisionE+W

Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision) has effect.

127Dangerous offenders subject to service law etcE+W

Schedule 22 (dangerous offenders subject to service law etc) has effect.

128Power to change test for release on licence of certain prisonersE+W

(1)The Secretary of State may by order provide that, following a referral by the Secretary of State of the case of a discretionary release prisoner, the Parole Board—

(a)must direct the prisoner's release if it is satisfied that conditions specified in the order are met, or

(b)must do so unless it is satisfied that conditions specified in the order are met.

(2)Discretionary release prisoner” means—

(a)an IPP prisoner,

(b)an extended sentence prisoner,

[F3(bza)a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release),]

[F4(ba)a section 236A prisoner,]

[F5(bb)a terrorist prisoner,] [F6eligible for discretionary release] or

(c)a person [F7, other than a terrorist prisoner,] [F8eligible for discretionary release] to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies.

(3)An order under this section may—

(a)amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP prisoners and others),

[F9(aa)amend section 32 of the Crime (Sentences) Act 1997 (recall of IPP prisoners and others while on licence and further release),]

[F10(aaa)amend section 244ZC of the Criminal Justice Act 2003 (proceedings following reference under section 244ZB of that Act),]

[F11(ab)amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners),]

(b)amend section 246A of the Criminal Justice Act 2003 (release on licence of extended sentence prisoners),

[F12(ba)amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners);]

(c)amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal Justice Act 2003 (release on licence of determinate sentence prisoners subject to transitional provisions),

(d)make provision in relation to any person whose case is disposed of by the Parole Board on or after the day on which the regulations come into force (even if the Secretary of State referred that person's case to the Board before that day),

(e)make different provision in relation to each of the categories of discretionary release prisoner mentioned in subsection (2), and

(f)include consequential provision.

(4)An order under this section is to be made by statutory instrument.

(5)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)In this section—

  • extended sentence prisoner” means a prisoner [F13, other than [F14one to whom section 247A of the Criminal Justice Act 2003 applies],] who is serving a sentence under section 226A or 226B of the Criminal Justice Act 2003 [F15or section 254, 266 or 279 of the Sentencing Code] (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006);

  • IPP prisoner” means a prisoner who is serving one or more of the following sentences and is not serving any other life sentence—

    (a)

    a sentence of imprisonment for public protection or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one imposed as a result of section 219 of the Armed Forces Act 2006);

    (b)

    a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one imposed as a result of section 221 of the Armed Forces Act 2006);

  • life sentence” has the same meaning as in section 34 of the Crime (Sentences) Act 1997;

  • [F16section 236A prisoner” means a prisoner [F13, other than [F14one to whom section 247A of the Criminal Justice Act 2003 applies],] who is serving a sentence under section 236A of the Criminal Justice Act 2003 [F17or section 265 or 278 of the Sentencing Code] (including one imposed as a result of section 224A of the Armed Forces Act 2006);]

  • [F18terrorist prisoner [F19eligible for discretionary release]” means a prisoner to whom section 247A [F20(3) to (5)] of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).]

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources