(1)Subject to subsections (2) to (4), the Secretary of State may—
(a)F314,F316release on licence under this section a fixed-term prisoner[F313 , other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies,F313] ... at any time during the period of [F315365F315] days ending with the day on which the prisoner will have served the requisite custodial period, ...
F316(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subsection (1)(a) does not apply in relation to a prisoner unless—
(a)the length of the requisite custodial period is at least 6 weeks, [F317and
(b)he has served—
(i)at least 4 weeks of that period, and
(ii)at least one-half of that period.F317]
F318(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subsection (1) does not apply where—
F319(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F320 (ac)the prisoner is one to whom section 244ZA would apply if—
(i)section 244ZA(4)(c), (5)(c) and (6)(c) were omitted,
(ii)the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and
(iii)the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000,F320]
(b)the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),
(c)the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),
(d)the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 [F321, or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code,F321] in a case where the prisoner has failed to comply with a curfew requirement of a community order,
(e)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),
(f)the prisoner is liable to removal from the United Kingdom,
[F322 (fa)the prisoner’s case has been referred to the Board under section 244ZB,
(fb)a notice given to the prisoner under subsection (4) of that section is in force,F322]
(g)the prisoner has been released on licence under this section [F323during the currency of the sentenceF323] , and has been recalled to prison under section 255(1)(a) [F324(and the revocation has not been cancelled under section 255(3))F324] ,
[F325 (ga)the following apply—
(i)the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and
(ii)the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,
(gb)the following apply—
(i)the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and
(ii)the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,F325]
(h)F326the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, ...
(ha)F327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(i)F330in the case of a prisoner[F328 to whom section 240ZA applies or a direction under section 240A [F329 or under section 325 of the Sentencing CodeF329] relatesF328] , the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days ... .
F331(4ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F332 (4A)In subsection (4)—
(a)the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and
(b)the reference in paragraph (i) to [F333 section 240ZA includesF333] section 246 of that Act.F332]
(5)The Secretary of State may by order—
(a)F334amend the number of days for the time being specified in subsection (1)(a) ... or (4)(i),
(b)amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and
(c)F335amend the fraction for the time being specified in subsection (2)(b)(ii) ... .
(6)In this section—
F336 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F337,F337 “the requisite custodial period” in relation to a person serving any sentence ... , has the meaning given by [F338 paragraph (a) or (b) of section 243A(3) or (as the case may be) F338] paragraph (a) ... or (d) of section 244(3);
F339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F340 “term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of [F341 the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code F341] or under section [F342 226A, 226B, F342] 227 [F343 , 228 or 236A F343] of this Act. F340]
576.This section relates to home detention curfew (HDC). The Crime and Disorder Act 1998 amended the Criminal Justice Act 1991 so that certain categories of prisoner, after being risk assessed, could spend the last part of their custodial sentence on HDC. HDC operates as a transitional phase immediately after leaving prison. Under the existing law in section 34A of the Criminal Justice Act 1991, an offender can be released up to 135 days early if he is assessed as suitable for HDC by the Prison Service. A curfew is imposed and the offender is monitored electronically to ensure he keeps to the terms of the curfew. If he violates the curfew or any standard condition of his licence (such as being of good behaviour) he is recalled to prison. HDC came into operation in 1999. Since that time there have been over 80,000 participants (around 3500 at any one time). The successful completion rate of HDC is 90%. The curfew condition is dealt with in section 253.
577.Subsection (1) maintains the maximum period available for HDC at 135 days. Subsection (6)also gives the Secretary of State the power to amend by order the period available for HDC. Not all prisoners are eligible for release under the HDC scheme. Those ineligible include prisoners serving one of the sentences applicable to dangerous offenders, and prisoners who are liable to deportation. Also, prisoners who have less than 14 days to serve of their required custodial period following sentence (e.g. due to remand time being deducted from the required custodial period) are not eligible for HDC. Ineligible categories are specified in subsection (4). Subsections (1), (2) and (3) have the effect of providing for the period spent on HDC to be tapered according to the length of sentence. Subsection (1)(b) provides for prisoners serving a sentence of intermittent custody. As with normal prison sentences, on intermittent custody the offender will spend a number of days on HDC equal to the days he would have spent in custody had he not received HDC.