Criminal Justice Act 2003, section 247

Release on licence of prisoner serving extended sentence under section 227 or 228

Part 12 Sentencing

(1)This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228 [F358, other than a prisoner to whom section 247A appliesF358] .

(2)As soon as—

(a)F360a prisoner to whom this section applies has served [F359the requisite custodial periodF359] , . . .

(b)F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the duty of the Secretary of State to release him on licence.

(3)F362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F363. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F366 (7)In this section—

  • “the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228;

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, one-half of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F367 264(2B) or (2E)F367] .F366]

[F368 (8)In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).F368]

Definitions used in section 247 5

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
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 247 23

Brooks, R (on the application of) v The Independent Adjudicator & Anor

[2016] EWCA Civ 1033 · 28 October 2016

Identifies the statutory release duty relied on in determining when the claimant would ordinarily have been released. (see paras [2], [17]) Applies the ordinary duty to release after the relevant custodial period, subject to the extension created by section 257. (see paras [2], [17]-[19])

Pinnell & Anor, R. v

[2010] EWCA Crim 2848 · 7 December 2010Interprets

The court held that the amended release regime supplies a definite halfway release point for extended sentences. This removed the former practical objection to consecutive extended sentences. (see paras [17]; [34]; [36]) The court contrasted the former discretionary Parole Board release mechanism with the amended automatic-release regime. (see para [17]) The court relied on the automatic release at the halfway point of the custodial term to conclude that the earlier practical objections to consecutive extended sentences no longer applied. (see para [36]) The court described the former test for Parole Board-directed release before the 2008 amendments. (see para [17]) The court described the former requirement to release at the end of the appropriate custodial term if the Parole Board had not directed earlier release. (see para [17])

O'Connell, R (on the application of) v The Parole Board & Anor

[2009] EWCA Civ 575 · 23 April 2009Interprets

Interprets the section 247 release scheme as part of the administrative implementation of an extended determinate sentence, not as creating a fresh legal basis for detention (see paras [4]-[5], [13]-[15]). Applies the early-release mechanism requiring release after half the appropriate custodial term if the Parole Board directs release. Its operation does not create a fresh legal basis for detention under Article 5(4) (see paras [4], [9], [14]-[15], [19]-[20]). Applies the requirement that the Parole Board direct release only when confinement is no longer necessary for public protection. The assessment does not convert detention during the custodial term into detention on a fresh legal basis (see paras [4], [8], [14]-[15], [19]). Applies the provision governing release on licence where release under section 247(2) and (3) has not occurred. It forms part of the scheme showing that the sentence has a prescribed custodial endpoint (see para [5]). Applies the provision governing release on licence where the prisoner is not released under section 247(2) and (3). It contributes to the conclusion that the custodial term remains part of a determinate sentence authorised by the sentencing court (see para [5]).

3 more judgments, and what each says about section 247, are in the case-law panel in the full Act.

Explanatory note

578.This section sets out the release provisions for the extended sentences covered in sections 227 and 228. Subsection (2) provides that once an offender has served one half of the “appropriate custodial term”, then subject to the recommendation of the Parole Board the prisoner may be released on licence. Once the prisoner has served the full ‘appropriate custodial term’ he must be released and will then remain on licence until he has served his full extended supervision period.

All the explanatory notes for the Act

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F358Words in s. 247(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 2(7), 10(4)
  2. F360Word at the end of s. 247(2)(a) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(2)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
  3. F359Words in s. 247(2)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 14(3)(a), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
  4. F361S. 247(2)(b) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(2)(b), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
  5. F362S. 247(3) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
  6. F363S. 247(4) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
  7. F364S. 247(5) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
  8. F365S. 247(6) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
  9. F366S. 247(7) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 14(3)(b), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
  10. F367Words in s. 247(7) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(7), 208(5)(p)
  11. F368S. 247(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 3; S.I. 2012/2906, art. 2(o)

Commencement

  1. I104S. 247 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)