Criminal Justice Act 2003, section 244

Duty to release prisoners not subject to special provision for release

Part 12 Sentencing

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F281243A [F282 , [F283 244ZA,F283] 244AF282] [F284 , 246AF284,F281]] [F285 , 247 or 247AF285] applies, has served the requisite custodial period[F286 for the purposes of this sectionF286] , it is the duty of the Secretary of State to release him on licence under this section.

[F287 (1ZA)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.F287]

[F288 (1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F289 or 248F289] and recalled under section 254 (provision for the release of such persons being made by sections 255B [F290 toF290] 255C).F288]

F291(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F292 For the purposes of this section F292] “the requisite custodial period” means—

(a)[F293 in relation to a prisoner serving one sentenceF293] , one-half of his sentence,

F294(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F294(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F295in relation to a person serving two or more concurrent or consecutive sentences ... , the period determined under sections 263(2) and [F296264(2B) or (2E)F296] .

[F297 (4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).F297]

Definitions used in section 244 5

fixed-term prisoner

(1) In this Chapter “fixed-term prisoner” means—

(a)a person serving a sentence of imprisonment for a determinate term, or

(b)a person serving a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 226A, 226B, 227 , 228 or 236A of this Act or under section 250 , 252A , 254, 262, 265, 266 or 268A of the Sentencing Code .

Defined in s.237(1) · see it in the full Act

“fixed-term prisoner” and “fixed-term sentence” have the meaning given by section 237(1) (as extended by section 237(1B));

Defined in s.268(1) · see it in the full Act
prisoner

(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

Defined in s.237(2) · see it in the full Act

“prison” and “prisoner” are to be read in accordance with section 237(2);

Defined in s.268(1) · see it in the full Act
the requisite custodial period

(1A) In this Chapter, “the requisite custodial period” means (except where it has the meaning given by section 247A(8)) —

(a)in relation to a person serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , the requisite custodial period for the purposes of section 246A;

(b)in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c)in relation to a person serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code , the requisite custodial period for the purposes of section 244A;

(ca)in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;

(d)in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A , 244 or 244ZA (as appropriate).

Defined in s.268(1A) · see it in the full Act
licence

“licence” means a licence under Chapter 6;

Defined in s.305(1) · see it in the full Act
the Board

“the Board” means the Parole Board;

Defined in s.268(1) · see it in the full Act

Cases considering section 244 84

R v Secretary of State for Justice

[2018] UKSC 59 · 28 November 2018

Most ordinary determinate prisoners are automatically released on licence after serving half their sentences. This supplied one proposed comparator but did not make the regimes analogous as complete schemes. (see paras [90]; [136]; [192]) The ordinary determinate early-release rule is expressly considered when fixing the minimum term of a discretionary life sentence. (see paras [103]-[104])

R v Secretary of State for Justice

[2014] UKSC 39 · 2 July 2014Defines

This provision marks the point at which a determinate prisoner is entitled to automatic release on licence. It supplies the statutory boundary between mandatory release and the earlier discretionary home-detention-curfew regime. The distinction supported the result. (see paras [4]; [12]; [58]) The court used the definition of the requisite custodial period to identify the period during which the appellant remained subject to the sentence imposed by the sentencing court. (see paras [4]; [7]; [58])

R (on the application of Noone) v The Governor of HMP Drake Hall and another

[2010] UKSC 30 · 30 June 2010Interprets

The duty to release applies after the requisite custodial period. For mixed sentences, the provision operates with sections 263 or 264 and includes a one-half custodial period for each shorter term supplied from the preserved former regime. (see paras [34]-[35]; [70]-[73]) The provision fixes the custodial period for a term of at least 12 months at one-half of that term. (see paras [34]; [52]; [61]) The uncommenced provision would have defined the requisite custodial period for a sentence below 12 months. Its absence required the court to obtain a one-half period through purposive construction. (see paras [14]; [34]; [62]; [67]) For two or more concurrent or consecutive sentences, the provision refers calculation of the requisite custodial period to sections 263 and 264. (see paras [34]-[36]; [70])

64 more judgments, and what each says about section 244, are in the case-law panel in the full Act.

Explanatory note

574.The release provisions for all prisoners (excluding those subject to a life sentence or one of the new sentences for dangerous offenders under Chapter 5) are dealt with in this section. All prisoners must spend a “requisite custodial period” in custody before the Secretary of State is required to release them on licence. This requisite period is calculated according to the particular sentence as described in subsection (3). For all prisoners serving a sentence of twelve months or more (excluding dangerous offenders and life sentence prisoners) the Secretary of State is required to release them on licence at the halfway point of their sentence. For prisoners serving a sentence of less than twelve months, release will be at the end of the specified ‘custodial period’. For those serving a sentence of intermittent custody release will take place at the end of each custodial period as defined by section 183. These provisions are subject to the arrangements for prisoners who have been returned to custody following a period of being unlawfully at large, as provided in section 245.

All the explanatory notes for the Act

Amendments and notes

21 notes from legislation.gov.uk

Amendments

  1. F280Words in s. 244 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 130(2)(a), 208(5)(m)
  2. F281Words in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 6(2)(a); S.I. 2012/2906, art. 2(l)
  3. F282Word in s. 244(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 72
  4. F283Word in s. 244(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 130(2)(b), 208(5)(m)
  5. F284Word in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 125(2), 151(1); S.I. 2012/2906, art. 2(e)
  6. F285Words in s. 244(1) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 2(3), 10(4)
  7. F286Words in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 6(2)(b); S.I. 2012/2906, art. 2(l)
  8. F287S. 244(1ZA) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 132(3), 208(4)(p)
  9. F288S. 244(1A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  10. F289Words in s. 244(1A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(2), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)
  11. F290Word in s. 244(1A) substituted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 33(5), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  12. F291S. 244(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(2); S.I. 2012/2906, art. 2(h)
  13. F292Words in s. 244(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 6(3)(a); S.I. 2012/2906, art. 2(l)
  14. F293Words in s. 244(3)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 18 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
  15. F294S. 244(3)(b)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(3)(a); S.I. 2012/2906, art. 2(h); S.I. 2012/2906, art. 2(h)
  16. F295Words in s. 244(3)(d) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(3)(b); S.I. 2012/2906, art. 2(h)
  17. F296Words in s. 244(3)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(4), 208(5)(p)
  18. F297S. 244(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 2; S.I. 2012/2906, art. 2(o)

Modifications

  1. C34S. 244 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
  2. C35S. 244(3)(a) modified (1.4.2020) by The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158), arts. 1, 3 (with art. 5)

Commencement

  1. I102S. 244 partly in force; s. 244 not in force at Royal Assent, see s. 336(3); s. 244(1)(2)(3)(c)(d) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 244(1)(2)(3)(a)(d) 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)