Criminal Justice Act 2003, section 244A

Release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc

Part 12 Sentencing

(1) This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A [F304 or under section [F305 252A, F305] 265 or 278 of the Sentencing Code F304] [F306 , other than a prisoner to whom section 247A applies F306] .

(2)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.

(3)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.

(4)The Board must not give a direction under subsection (3) unless—

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

(b)the Board is satisfied that it is not necessary for the protection of the public that P should be confined.

(5)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 sections 255A to 255C).

(6)For the purposes of this section—

  • “the appropriate custodial term” means the term determined as such by the court under section 236A [F307 or under section [F308 252A, F308] 265 or 278 of the Sentencing Code F307] ;

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence [F309 imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into forceF309] , one-half of the appropriate custodial term,

    (aa)

    [F310 in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term,F310] and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F311 264(2D)F311] .F302]

Definitions used in section 244A 6

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 Board

“the Board” means the Parole Board;

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
court

“court” (without more), except in Chapter 7, does not include a service court , but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006 ;

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

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 244A 12

R v FBD

[2025] EWCA Crim 1370 · 3 October 2025Defines

The court applied section 244A to determine when the appellant, as an offender of particular concern, had to be referred to the Parole Board. (see paras [47]; [48]) The court applied section 244A(2), under which referral to the Parole Board follows service of the requisite custodial period for a sentence imposed under section 278 of the Sentencing Act 2020. (see para [47]) The court applied section 244A(6)(aa), defining the requisite custodial period as two-thirds of the appropriate custodial term for the relevant sentences imposed after 28 June 2022. (see para [47])

Daniel Christopher Leitch & Ors v R

[2024] EWCA Crim 563 · 22 May 2024

The court applied the release consequences of the special sentence regime when considering whether a substitution would breach section 11(3). The relevant inquiry was eligibility for release, not prediction of a future Parole Board decision. (see paras [74]-[77])

R v Everet Winston Higgins

[2023] EWCA Crim 644 · 25 May 2023

The court applied section 244A to the special custodial sentence. Two-thirds of the six-year custodial term had to be served before release for the further one-year licence period. (see para [46])

What each judgment says about section 244A is in the case-law panel in the full Act.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F302S. 244A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 6; S.I. 2015/778, art. 3, Sch. 1 para. 72
  2. F303Words in s. 244A heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(2) (with Sch. 27); S.I. 2020/1236, reg. 2
  3. F304Words in s. 244A(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  4. F305Word in s. 244A(1) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(a)(i), 49(4)
  5. F306Words in s. 244A(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 2(4), 10(4)
  6. F307Words in s. 244A(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 223(4) (with Sch. 27); S.I. 2020/1236, reg. 2
  7. F308Word in s. 244A(6) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(a)(ii), 49(4)
  8. F309Words in s. 244A(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(2)(a), 208(5)(m)
  9. F310Words in s. 244A(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(2)(b), 208(5)(m)
  10. F311Word in s. 244A(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(5), 208(5)(p)