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The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024

S.I. 2024/844 · Made 30 July 2024 · Extends to England and Wales

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OrderrevokedSentencing Act 2026 s. 23(10)

Criminal Law, England And Wales

Made 30th July 2024

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 267 and 330(3) and (4) of the Criminal Justice Act 2003f1.

In accordance with section 330(5) of that Act a draft of this instrument has been laid before, and approved by resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2003 c. 44. Section 267 of the Criminal Justice Act 2003 was amended by paragraphs 5 and 15 of Schedule 14 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and S.I. 2020/157.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Modification of sections 243A, 244 and 264 of the Criminal Justice Act 2003
  4. 4Application of provisions about release after recall to certain persons within article 3(4) or (5)
  5. Signature
  6. Schedule: Excluded offences
  7. 1Sexual offences
  8. 2Sexual offences
  9. 3Sexual offences
  10. 4Sexual offences
  11. 5Sexual offences
  12. 6Sexual offences
  13. 7Sexual offences
  14. 8Sexual offences
  15. 9Sexual offences
  16. 10Sexual offences
  17. 11Sexual offences
  18. 12Sexual offences
  19. 13Sexual offences
  20. 14Sexual offences
  21. 14ASexual offences
  22. 15Sexual offences
  23. 16Sexual offences
  24. 16ASexual offences
  25. 17Sexual offences
  26. 18Sexual offences
  27. 19Sexual offences
  28. 19ASexual offences
  29. 19BSexual offences
  30. 20Sexual offences
  31. 21Sexual offences
  32. 22Sexual offences
  33. 23Sexual offences
  34. 23ASexual offences
  35. 24Sexual offences
  36. 25Sexual offences
  37. 26Sexual offences
  38. 27Sexual offences
  39. 28Sexual offences
  40. 29Sexual offences
  41. 30Sexual offences
  42. 31Sexual offences
  43. 32Sexual offences
  44. 33Sexual offences
  45. 34Sexual offences
  46. 35Sexual offences
  47. 36Sexual offences
  48. 37Sexual offences
  49. 38Sexual offences
  50. 39Sexual offences
  51. 40Sexual offences
  52. 41Sexual offences
  53. 42Sexual offences
  54. 43Sexual offences
  55. 44Sexual offences
  56. 45Sexual offences
  57. 46Sexual offences
  58. 47Sexual offences
  59. 48Sexual offences
  60. 49Sexual offences
  61. 50Sexual offences
  62. 51Sexual offences
  63. 52Sexual offences
  64. 53Sexual offences
  65. 54Sexual offences
  66. 55Violent Offences
  67. Explanatory note

1Citation, commencement and extentI1I2

(1)

This Order may be cited as the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024.

(2)

The Order comes into force on—

(a)

10th September 2024 for the purposes of determining the requisite custodial period or minimum custodial period in relation to—

(i)

a sentence imposed on or after that date, or

(ii)

a relevant sentence imposed before that date;

(b)

22nd October 2024 for the purposes of determining the requisite custodial period or minimum custodial period in relation to a sentence which—

(i)

was imposed before 10th September 2024, and

(ii)

is not a relevant sentence.

(3)

This Order extends to England and Wales only.

2InterpretationI1I2

(1)

In this Order “the 2003 Act” means the Criminal Justice Act 2003.

(2)

A sentence is a “relevant sentence” for the purposes of this Order if—

(a)

in a case where it is one of two or more consecutive sentences, the terms of those sentences are in aggregate less than 5 years,

(b)

in a case where it is one of two or more sentences which are wholly or partly concurrent, the term of each of those sentences is less than 5 years, or

(c)

in any other case, the term of the sentence is less than 5 years.

3Modification of sections 243A, 244 and 264 of the Criminal Justice Act 2003I1I2

(1)

Subject to paragraphs (4) to (6), in section 243A of the 2003 Act (duty to release certain prisoners serving less than 12 months) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(2)

Subject to paragraphs (4) to (6), in section 244 of the 2003 Act (duty to release certain prisoners not subject to special provision for release) the reference in subsection (3)(a) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(3)

Subject to paragraphs (4) to (6), in section 264 of the 2003 Act (consecutive terms) the reference in subsection (6)(d) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(4)

Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(a)(ii) if the person serving the sentence was not in custody or detention pursuant to the sentence on 10th September 2024—

(a)

having been released under section 246 (power to release on licence) or 248 (power to release on compassionate grounds) of the 2003 Act, or

(b)

having been removed from prison under section 260 of that Act (early removal of prisoners liable to removal from UK).

(5)

Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—

(a)

having been released under section 246 or 248 of the 2003 Act, or

(b)

having been removed from prison under section 260 of that Act.

(6)

Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—

(a)

a sentence for an offence listed in the Schedule to this Order, or

(b)

a sentence of 4 years or more for an offence listed in Part 1 of Schedule 15f1 to the 2003 Act.

(7)

The reference in paragraph (6)(a) to an offence (“offence A”) includes—

(a)

an offence of attempting to commit offence A;

(b)

an offence of conspiracy to commit offence A;

(c)

an offence of incitement to commit offence A;

(d)

an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person subject to the sentence intended or believed would be committed;

(e)

an offence of aiding, abetting, counselling or procuring the commission of offence A.

F1(7A)

References in paragraph (7)(a) to (e) to offence A do not include the offence of murder.

(8)

A reference in paragraph (6) or F2, (7)(a) to (e) or (7A) to an offence (“offence B”) includes—

(a)

an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence B, and

(b)

an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence B,

and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.

4Application of provisions about release after recall to certain persons within article 3(4) or (5)I1I2

(1)

This article applies to a person (“P”) in relation to whom any of paragraphs (1), (2) and (3) of article 3 would have applied but for the application of paragraph (4) or (5) of that article to P as a result of P’s release under section 246 of the 2003 Act.

(2)

The fact that any of paragraphs (1), (2) and (3) of article 3 would have applied in relation to P but for P’s release is to be disregarded in determining—

(a)

for the purposes of section 255A(10) of the 2003 Act (further release after recall), the requisite custodial period which P would have served under section 243A or 244 of that Act but for P’s earlier release, and

(b)

for the purposes of section 255B(6) or 255C(6) of the 2003 Act (curfew condition), the date on which P would (but for P’s earlier release) have served the requisite custodial period for the purposes of section 243A or 244 of that Act.

Signature

Shabana Mahmood

Secretary of State

Ministry of Justice

30th July 2024

1Sexual offencesI1I2

An offence under the Sexual Offences Act 1956f1.

2Sexual offencesI1I2

An offence under section 128 of the Mental Health Act 1959f1 (sexual intercourse with patients).

3Sexual offencesI1I2

An offence under section 1 of the Indecency with Children Act 1960f1 (indecent conduct towards young child).

4Sexual offencesI1I2

An offence under section 4 of the Sexual Offences Act 1967f1 (procuring others to commit homosexual acts).

5Sexual offencesI1I2

An offence under section 5 of that Act (living on earnings of male prostitution).

6Sexual offencesI1I2

An offence under section 9 of the Theft Act 1968f1 of burglary with intent to commit rape.

7Sexual offencesI1I2

An offence under section 54 of the Criminal Law Act 1977f1 (inciting girl under 16 to have incestuous sexual intercourse).

8Sexual offencesI1I2

An offence under section 1 of the Protection of Children Act 1978f1 (indecent photographs of children).

9Sexual offencesI1I2

An offence under section 170 of the Customs and Excise Management Act 1979f1 (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876f2 (indecent or obscene articles).

10Sexual offencesI1I2

An offence under section 160 of the Criminal Justice Act 1988f1 (possession of indecent photograph of a child).

11Sexual offencesI1I2

An offence under section 3 of the Sexual Offences (Amendment) Act 2000f1 (abuse of position of trust).

12Sexual offencesI1I2

An offence under the Sexual Offences Act 2003f1.

13Sexual offencesI1I2

An offence under section 63 of the Criminal Justice and Immigration Act 2008f1 (possession of extreme pornographic images).

14Sexual offencesI1I2

An offence under section 62 of the Coroners and Justice Act 2009f1 (possession of prohibited images of children).

14ASexual offencesF1

An offence under section 33 of the Criminal Justice and Courts Act 2015f1 (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress).

15Sexual offencesI1I2

An offence under section 69 of the Serious Crime Act 2015f1 (possession of paedophile manual).

16Sexual offencesI1I2

An offence under section 2 of the Modern Slavery Act 2015f1 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Domestic abuse etc

16ASexual offencesF1

An offence under section 354 of the Sentencing Codef1 (breach of a sexual harm prevention order).

17Sexual offencesI1I2

An offence under section 42A of the Family Law Act 1996f1 (breaching non-molestation order).

18Sexual offencesI1I2

An offence under section 2A of the Protection from Harassment Act 1997f1 (stalking).

19Sexual offencesI1I2

An offence under section 4Af1 of that Act (stalking involving fear of violence or serious alarm or distress).

19ASexual offencesF1

An offence under section 5f1 of that Act (restraining orders on conviction).

19BSexual offencesF1

An offence under section 5Af1 of that Act (restraining orders on acquittal).

20Sexual offencesI1I2

An offence under section 29 of the Crime and Disorder Act 1998f1 (racially or religiously aggravated assaults), where the offence that was racially or religiously aggravated was an offence under section 75A of the Serious Crime Act 2015f2 (strangulation or suffocation).

21Sexual offencesI1I2

An offence under section 32f1 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment), where the offence that was racially or religiously aggravated was an offence under section 2A or 4A of the Protection from Harassment Act 1997.

22Sexual offencesI1I2

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

23Sexual offencesI1I2

An offence under section 76f1 of that Act (controlling or coercive behaviour in an intimate or family relationship).

23ASexual offencesF1

An offence under section 8 of the Stalking Protection Act 2019f1 (breaching a stalking protection order etc.).

24Sexual offencesI1I2

An offence under section 363 of the Sentencing Codef1 (breaching restraining order).

25Sexual offencesI1I2

An offence under section 39 of the Domestic Abuse Act 2021f1 (breach of domestic abuse protection order).

National security

26Sexual offencesI1I2

An offence under the Official Secrets Act 1911f1.

27Sexual offencesI1I2

An offence under the Official Secrets Act 1920f1.

28Sexual offencesI1I2

An offence under the Official Secrets Act 1989f1.

29Sexual offencesI1I2

An offence under section 13 of the Terrorism Act 2000f1 (uniform and publication of images).

30Sexual offencesI1I2

An offence under section 21Df1 of that Act (tipping off: regulated sector).

31Sexual offencesI1I2

An offence under section 36 of that Act (failure to comply with an order, prohibition or restriction).

32Sexual offencesI1I2

An offence under section 51(2) of that Act (failure to move a vehicle when required to do so).

33Sexual offencesI1I2

An offence under section 116 of that Act (failure to stop a vehicle when required to do so).

34Sexual offencesI1I2

An offence under section 120Bf1 of that Act (offences in relation to counter-terrorism financial investigators).

35Sexual offencesI1I2

An offence under paragraph 3f1 of Schedule 5 to that Act (wilfully obstructing a search of a cordoned area).

36Sexual offencesI1I2

An offence under paragraph 14 of Schedule 5 to that Act (making a false or misleading statement).

37Sexual offencesI1I2

An offence under paragraph 15f1 of Schedule 5 to that Act (wilfully obstructing an urgent search).

38Sexual offencesI1I2

An offence under paragraph 16 of Schedule 5 to that Act (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland).

39Sexual offencesI1I2

An offence under paragraph 32 of Schedule 5 to that Act (failure to comply with an urgent explanation notice: Scotland).

40Sexual offencesI1I2

An offence under paragraph 11 of Schedule 5Af1 to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland).

41Sexual offencesI1I2

An offence under paragraph 21 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland).

42Sexual offencesI1I2

An offence under paragraph 1(3)f1 of Schedule 6 to that Act (failure to comply with requirement to provide financial information).

43Sexual offencesI1I2

An offence under paragraph 18f1 of Schedule 7 to that Act (port and border control duties: failure to comply etc).

44Sexual offencesI1I2

An offence under paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008f1 (breach of foreign travel restriction order).

45Sexual offencesI1I2

An offence under paragraph 30f1 of Schedule 7 to that Act (failure to comply with a requirement imposed by direction).

46Sexual offencesI1I2

An offence under paragraph 30Af1 of Schedule 7 to that Act (relevant person circumventing requirements).

47Sexual offencesI1I2

An offence under paragraph 31f1 of Schedule 7 to that Act (offences in connection with licences).

48Sexual offencesI1I2

An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015f1 (failure to hand over documents or hindering a search).

49Sexual offencesI1I2

An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019f1 (failure to comply with a duty imposed under Schedule 3 or obstructing a search).

50Sexual offencesI1I2

An offence in relation to which the foreign power condition F1or the designated body condition has been determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing Act 2020f1 (offences where foreign power F2or designated body condition met: including as applied by section 238(7) of the Armed Forces Act 2006).

51Sexual offencesI1I2

An offence under the National Security Act 2023f1.

52Sexual offencesI1I2

An offence to which section 16 of that Act applies where the foreign power condition F1or the designated body condition (within the meaning of that Act) was met in relation to the conduct of the person which constituted the offence (foreign interference in elections).

53Sexual offencesI1I2

An offence in relation to which the foreign power condition F1or the designated body condition has been determined to have been met in relation to the conduct that constituted the offence under section 20 of that Act (offences where foreign power F2or designated body condition met: Northern Ireland).

54Sexual offencesI1I2

An offence proved to have been aggravated by reason of the foreign power condition F1or the designated body condition being met in relation to the conduct that constituted the offence under section 21 of that Act (aggravating factor where foreign power F2or designated body condition met: Scotland).

55Violent OffencesF1

Murder.

Explanatory note

(This note is not part of the Order)

This Order modifies the application of sections 243A, 244 and 264 of the Criminal Justice Act 2003 (“the 2003 Act”).

The Secretary of State is required to release on licence prisoners serving fixed-term sentences once they have served the requisite custodial period, which is set by sections 243A(3) and 244(3) of the 2003 Act. Section 264 sets out the rules that apply to the calculation of the requisite custodial period where a prisoner is serving consecutive sentences.

Article 3(1), (2) and (3) of the Order modifies the application of sections 243A, 244(3)(a) and 264(6)(d) of the 2003 Act so that applicable prisoners are released from a sentence of imprisonment when they have served 40 per cent of an applicable sentence as opposed to the current 50 per cent.

The Order applies to prisoners who have not passed the current release point under sections 243A and 244 at the point of commencement, so will apply to existing prisoners serving qualifying sentences as well as any new sentences imposed after commencement. Unless the sentence is imposed after the first commencement date, the coming into force of this order under article 1(2) is staggered by sentence length. Article 1(2) read with the interpretation of “relevant sentence” in article 2(2) provides for the first commencement date on the 10th September 2024 to apply to sentences of less than 5 years. Where prisoners are serving concurrent sentences then all sentences will need to be less than 5 years for commencement to apply. Consecutive sentences are treated as one sentence and the overall length of all the consecutive sentences added together will need to be less than 5 years for the first commencement date to apply.

The second commencement date on 22nd October 2024 applies to prisoners with sentences of 5 years or more which were imposed before the first commencement date.

Article 3(4) and (5) excludes prisoners where they have been released under section 246 (early release on home detention curfew) or 248 (compassionate release) and those removed under section 260 (early removal scheme) from the ambit of the Order on the relevant commencement date, unless such prisoners are back in custody before commencement having been recalled and not re-released, or returned and not re-removed.

Article 3(6) excludes sentences for certain sexual, violent, domestic abuse, terrorism and national security offences from the change.

Article 3(7) provides that all inchoate offences of those that come under article 3(6) (including those listed in the Schedule) are also excluded.

Whilst the release provisions under Chapter 6 of Part 12 of the 2003 Act apply in relation to a sentence of imprisonment passed by a service court, article 3(8) is added in respect of the list of excluded offences in article 3(6) so there is parity with service offences.

Article 4 ensures that for those recalled from home detention curfew the calculation of whether they have served the requisite custodial period for the purposes of re-release after recall is as modified by this Order, only in relation to those to whom the modification applied.

A full Impact Assessment has been prepared for this instrument and will be published on the legislation.gov.uk website.