Criminal Justice Act 2003, section 244ZA

Release on licence of certain violent or sexual offenders

Part 12 Sentencing

(1)As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section.

(2)This section applies to a prisoner who—

(a)is serving a fixed-term sentence within subsection (4), (5) or (6),

(b)is not a prisoner to whom section 244A, 246A or 247A applies, and

(c)has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B [F299 toF299] 255C).

(3)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.

(4)A fixed-term sentence is within this subsection if it—

(a)is a sentence of—

(i)imprisonment, or

(ii)detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after 1 April 2020, and

(d)was imposed in respect of an offence—

(i)that is specified in Part 1 or 2 of Schedule 15, and

(ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(5)A fixed-term sentence is within this subsection if it—

(a)is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,

(b)is for a term of at least 4 years but less than 7 years,

(c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)was imposed in respect of an offence within subsection (7).

(6)A fixed-term sentence is within this subsection if it—

(a)is a sentence of detention under section 250 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)was imposed in respect of an offence within subsection (7).

(7)An offence is within this subsection if—

(a)it is specified in any of the following paragraphs of Part 1 of Schedule 15—

(i)paragraph 1 (manslaughter);

(ii)paragraph 4 (soliciting murder);

(iii)paragraph 6 (wounding with intent to cause grievous bodily harm);

(iv)paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;

(v)paragraph 65 (inchoate offences in relation to murder), or

(b)it is an offence—

(i)that is specified in Part 2 of that Schedule (sexual offences), and

(ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(8) For the purposes of this section “the requisite custodial period” means—

(a)in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and

(b)in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).

[F300 (9)For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.

(10)In subsection (9)—

(a) “service offence” means an offence under—

(i)section 70 of the Army Act 1955 or the Air Force Act 1955,

(ii)section 42 of the Naval Discipline Act 1957, or

(iii)section 42 of the Armed Forces Act 2006;

(b) “corresponding civil offence” means—

(i)in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(ii)in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section;

(iii)in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.

(11)Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.F300,F298]]

Definitions used in section 244ZA 10

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
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
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
licence

“licence” means a licence under Chapter 6;

Defined in s.305(1) · see it in the full Act
fixed-term sentence

and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).

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
the Board

“the Board” means the Parole Board;

Defined in s.268(1) · see it in the full Act
the PCC(S)A 2000

“the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000 ;

Defined in s.305(1) · see it in the full Act
sentence of imprisonment

“sentence of imprisonment” does not include a committal—

(a)

in default of payment of any sum of money,

(b)

for want of sufficient distress to satisfy any sum of money, or

(c)

for failure to do or abstain from doing anything required to be done or left undone ,

and references to sentencing an offender to imprisonment are to be read accordingly;

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

and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act ).

Defined in s.327(4F) · see it in the full Act
corresponding civil offence

and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act ).

Defined in s.327(4F) · see it in the full Act

Cases considering section 244ZA 12

R v UCS

[2025] EWCA Crim 1411 · 21 October 2025Disapplies

Section 244ZA did not apply because the relevant offences could not attract life imprisonment. Release therefore fell due after half of the adjusted sentence rather than two-thirds. (see para [19])

R v Jonathan Shaun Sumner

[2025] EWCA Crim 730 · 15 April 2025

The Court applied the provision requiring release on licence after two-thirds of a qualifying custodial sentence imposed on or after 28 June 2022. That release fraction determined the mandatory disqualification extension (see para [21]).

R v Ujeza Kurmekaj

[2024] EWCA Crim 1666 · 17 December 2024

The court held that the two-thirds release condition was inapplicable because the current offence was not a Schedule 15 offence and did not carry life imprisonment when the conspiracy was entered. The applicant would instead be eligible for release after one half of the sentence (see paras [2]–[3]).

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

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F298S. 244ZA inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 130(3), 208(5)(m)
  2. F299Word in s. 244ZA(2)(c) 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(6), 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.
  3. F300S. 244ZA(9)-(11) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 25(2), 49(3)(a) (with s. 25(3))