Explanatory note

This Order amends section 246 of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”).

The Secretary of State is required to release prisoners serving fixed-term sentences once they have served the required custodial period, which is set at one half of their sentence by section 243A(3) and 244(3) of the 2003 Act.

Section 246 of the 2003 Act gives the Secretary of State the power to release certain prisoners on licence, where certain conditions are fulfilled, before the prisoner has served the required custodial period. Section 246(1)(a) provides the number of days that prisoners can be released prior to having served the required custodial period.

Article 2 of this Order amends section 246(1)(a) so that prisoners serving fixed-term sentences can be released at any time up to 180 days before they have served one half of their sentence.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk.