Criminal Justice Act 2003, section 249

Duration of licence

Part 12 Sentencing

(1)Subject to [F388subsection (3)F388] , where a fixed-term prisoner[F389 , other than one to whom section 243A applies,F389] is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence.

[F390 (1A)Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.

This is subject to subsection (3).F390]

F391(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F395,F396[F392 Subsections (1) and (1A) haveF392] effect subject to [F393sectionF393] 263(2) (concurrent terms) [F394and sections 264(3C)(a) and 264BF394] ... (consecutive terms) ... .

F397(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F398 (5)This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).F398]

Definitions used in section 249 3

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
licence

“licence” means a licence under Chapter 6;

Defined in s.305(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

Cases considering section 249 23

R (Stellato) v Secretary of State for the Home Department

[2007] UKHL 5 · 14 March 2007Disapplies

The provision ordinarily keeps a licence in force for the remainder of the sentence. Paragraph 19 expressly disapplied it to pre-Act offenders, including those recalled after the new regime commenced (see paras [21]; [32]-[34]; [44]-[46]).

Stellato v Secretary of State for the Home Department

[2006] EWCA Civ 1639 · 1 December 2006Disapplies

Section 249, which would continue a licence until the end of the sentence, was expressly excluded by paragraph 19 for prisoners serving sentences for offences committed before 4 April 2005. (see paras [33]; [52]; [54])

S & Ors, R v

[2005] EWCA Crim 3616 · 19 December 2005Interprets

The court considered the ordinary rule that a fixed-term prisoner remains on licence for the remainder of the sentence. It held that the extension period is additional to the custodial term rather than a period beginning upon early release. (see paras [15]-[18])

3 more judgments, and what each says about section 249, are in the case-law panel in the full Act.

Explanatory note

580.Subsection (1) provides that, after release, all prisoners serving determinate sentences remain on licence following release for the remainder of the sentence. Particular provision is made in subsection (2) for intermittent custody, reflecting the fact that the offender must return to prison at the end of each intermittent licence period before being subject to final release. In either case, the provisions as to the duration of licence are subject to the fact that the offender may be recalled into custody in the event of breach of a licence condition.

All the explanatory notes for the Act

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F388Words in s. 249(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 24(a); S.I. 2012/2906, art. 2(h)
  2. F389Words in s. 249(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 8(2); S.I. 2012/2906, art. 2(l)
  3. F390S. 249(1A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 8(3); S.I. 2012/2906, art. 2(l)
  4. F391S. 249(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. 24(b); S.I. 2012/2906, art. 2(h)
  5. F395Words in s. 249(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 8(4)(b); S.I. 2012/2906, art. 2(l)
  6. F396Words in s. 249(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 24(c); S.I. 2012/2906, art. 2(h)
  7. F392Words in s. 249(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 8(4)(a); S.I. 2012/2906, art. 2(l)
  8. F393Word in s. 249(3) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(4)(a), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)
  9. F394Words in s. 249(3) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(4)(b), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)
  10. F397S. 249(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 24(d); S.I. 2012/2906, art. 2(h)
  11. F398S. 249(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 4; S.I. 2012/2906, art. 2(o)

Commencement

  1. I106S. 249 wholly in force at 4.4.2005; s. 249 not in force at Royal Assent, see s. 336(3); s. 249 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 249 in force in so far as not already 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)