OpenLegislation

Section 264 Consecutive termsI1C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where—

(a)

a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and

(b)

the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, F1...

(c)

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

F2(2A)

Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.

(2B)

Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.

(2C)

Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.

(2D)

Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.

(2E)

Nothing in this Chapter requires the Secretary of State to release the offender until—

(a)

the Board has directed the release of the offender, or

(b)

the offender has served a period equal to the aggregate length of—

(i)

the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and

(ii)

the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.

(2F)

For the purposes of subsections (2A) to (2E)—

(a)

a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—

(i)

section 243A(1) F3or (1A), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or

(ii)

section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;

(b)

a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—

(i)

section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or

(ii)

a notice under section 244ZB(4) is in force.

F4(3B)

The offender's release under this Chapter is to be unconditional if—

(a)

the aggregate length of the terms of imprisonment is less than 12 months, and

(b)

section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

(3C)

If the offender is released on licence under this Chapter—

(a)

the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);

F5(b)

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

F6(3D)

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

(3E)

When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.

F7(4)

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

(5)

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

F8(6)

In this section “F9minimum custodial period”F10, except if subsection (6A) applies, means—

(a)

in relation to an extended sentence imposed under section 226A or 226B F11or under section 254, 266 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,

(b)

in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

(c)

in relation to a sentence imposed under section 236A F12or under section 265 or 278 of the Sentencing Code F13before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, one-half of the appropriate custodial term determined by the court under that section, and

(F14ca)

in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,

(F15caa)

in relation to a sentence imposed under section 252A of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,

(F16F17cb)

in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,

(cb)

in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (4) or (5) of that section, one-half of the sentence,

(cc)

in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (6) of that section, two-thirds of the sentence,

(cd)

in relation to any sentence imposed under section 91 of the PCC(S)A 2000, or in relation to any other sentence imposed under section 250 of the Sentencing Code, one-half of the sentence, and

C3(d)

in relation to any other sentence, F18one-half one-third of the sentence.

F19(6A)

In this section “F20minimum custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

(F21za)

in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section),

(a)

in relation to an extended sentence F22(not being one to which paragraph (za) applies) imposed under section 226A, 226B, 227 or F23228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section F24236A of this Act or section F25252A, 265 or 278 of that Code, two-thirds of the appropriate custodial term determined by the court under that section;

(b)

in relation to any other sentence, two-thirds of the sentence.

F26(6B)

In this section “maximum custodial period” means—

(a)

in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;

(b)

in relation to any other sentence, the term of the sentence.

(7)

This section applies to a determinate sentence of detention under section 91 F27or 96 of F28the PCC(S)A 2000, under section 250, F29252A, 254, 262, 265 F30, 266 or 268A of the Sentencing Code or under section F31226A, 226B, F32227 F33, 228 or 236A of this Act as it applies to a term of imprisonment F34... .

F35(8)

This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).

Annotations

Textual amendments

F1

S. 264(1)(c) and word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 32(2); S.I. 2012/2906, art. 2(h)

F2

S. 264(2A)-(2F) substituted for s. 264(2) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(a), 208(5)(p)

F3

Words in s. 264(2F)(a)(i) inserted (1.10.2026 except in relation to sentences for excluded offences listed in Sch. and with phased commencement in accordance with regs. 3, 4 in relation to a person serving a sentence imposed before that date) by Sentencing Act 2026 (c. 2), ss. 23(7)(a), 49(1) (with s. 23(12)-(15)); S.I. 2026/953, regs. 2(b), 3-5, Sch.

F4

S. 264(3B)-(3E) substituted for s. 264(3)(3A) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)

F5

S. 264(3C)(b) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 9(4)(a) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)

F6

S. 264(3D) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 9(4)(b) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)

F7

S. 264(4)(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(d); S.I. 2012/2906, art. 2(l)

F8

S. 264(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 23(2); S.I. 2015/778, art. 3, Sch. 1 para. 72

F9

Word in s. 264(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(b), 208(5)(p)

F10

Words in s. 264(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(7)(a), 10(4)

F11

Words in s. 264(6)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F12

Words in s. 264(6)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F13

Words in s. 264(6)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(3)(a), 208(5)(m)

F14

S. 264(6)(ca) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(3)(b), 208(5)(m)

F15

S. 264(6)(caa) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(c), 49(4)

F16

S. 264(6)(cb)-(cd) substituted for s. 264(6)(cb) (1.10.2026 except in relation to sentences for excluded offences listed in Sch. and with phased commencement in accordance with regs. 3, 4 in relation to a person serving a sentence imposed before that date) by Sentencing Act 2026 (c. 2), ss. 23(7)(b)(i), 49(1) (with s. 23(12)-(15)); S.I. 2026/953, regs. 2(b), 3-5, Sch.

F17

S. 264(6)(cb) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 130(6), 208(5)(m)

F18

Word in s. 264(6)(d) substituted (1.10.2026 except in relation to sentences for excluded offences listed in Sch. and with phased commencement in accordance with regs. 3, 4 in relation to a person serving a sentence imposed before that date) by Sentencing Act 2026 (c. 2), ss. 23(7)(b)(ii), 49(1) (with s. 23(12)-(15)); S.I. 2026/953, regs. 2(b), 3-5, Sch.

F19

S. 264(6A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(7)(b), 10(4)

F20

Word in s. 264(6A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(b), 208(5)(p)

F21

S. 264(6A)(za) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 45(4)(a)

F22

Words in s. 264(6A)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 45(4)(b)

F23

Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F24

Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F25

Words in s. 264(6A)(a) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(8)(a)

F26

S. 264(6B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(c), 208(5)(p)

F27

Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(8)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F28

Words in s. 264(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F29

Word in s. 264(7) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(8)(b)

F30

Words in s. 264(7) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(10)

F31

Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 12(3); S.I. 2012/2906, art. 2(r)

F32

Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(8)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F33

Words in s. 264(7) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 23(3); S.I. 2015/778, art. 3, Sch. 1 para. 72

F34

Words in s. 264(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(f); S.I. 2012/2906, art. 2(l)

F35

S. 264(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 8; S.I. 2012/2906, art. 2(o)

Modifications

C1

S. 264 modified (10.9.2024 for specified purposes, 22.10.2024 in so far as not already in force) by The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), arts. 1(2), 3

C2

S. 264 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(7) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

C3

S. 264(6)(d) modified (1.4.2020) by The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158), arts. 1, 4 (with art. 5)

Commencement

I1

S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(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)

Notes on Part 12

Modifications

C1

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

C2

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)

Notes on Chapter 6

Textual amendments

F1

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)

F2

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)

Modifications

C1

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)

C2

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)

C3

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

C4

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

C5

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)

C6

Pt. 12 Ch. 6 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(3) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))