Criminal Justice Act 2003, section 250

Licence conditions

Part 12 Sentencing

(1)In this section—

(a) “the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and

(b) “prescribed” means prescribed by the Secretary of State by order.

F399(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F400(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F401(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F402,F402Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment ... (including ... a sentence imposed under section [F403226AF403][F404 , 227 or 236AF404][F405 or under section 278 [F406 , 279 or 282AF406] of the Sentencing CodeF405] ) or any sentence of detention under section 91 [F407or 96F407] of [F408the PCC(S)A 2000, under section 250, [F409 252A,F409] 254, 262, 265 [F410 , 266 or 268AF410] of the Sentencing Code or underF408] section [F411226A, 226B,F411][F412 227 F412][F413 , 228 or 236AF413] of this Act—

(a)must include the standard conditions,

[F414 (aa)must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000,F414] and

(b)may include—

(i)any [F415otherF415] condition authorised by section 62 [F416, 64 or 64AF416] of the Criminal Justice and Court Services Act 2000[F417 or section 28 of the Offender Management Act 2007F417] , and

(ii)such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

[F418 (4A)In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).F418]

(5)A licence under section 246 must also include a curfew condition complying with section 253.

[F419 (5A)[F420 Subject to subsection (5D),F420] the Secretary of State must not—

(a)include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or

(b)vary or cancel any such condition included in such a licence,

unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).

(5B)A licence is within this subsection if it is granted to a relevant prisoner—

(a)on their initial release in a case where that release is at the direction of the Board, or

(b)on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).

(5C) In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release. F419]

[F421 (5D)Where the High Court gives a direction under section 256AZBC(2) as to the conditions to be included in a prisoner’s licence on release, the Secretary of State—

(a)must include the conditions in the prisoner’s licence on release;

(b)may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.F421]

F422(5BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F423(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F424(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a)the protection of the public,

(b)the prevention of re-offending, and

(c)securing the successful re-integration of the prisoner into the community.

F425(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 250 8

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
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
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
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
the Board

“the Board” means the Parole Board;

Defined in s.268(1) · see it in the full Act
prison

(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 250 29

ZX, R (on the application of) v The Secretary of State for Justice

[2017] EWCA Civ 155 · 17 March 2017

Section 250 formed part of the statutory licence regime. The court held that a prisoner released under that regime remained subject to the custodial sentence and that the National Probation Service could set licence conditions within its statutory function. (see paras [32]; [33]) Section 250(4) permitted prescribed additional licence conditions. The court treated that power, together with the 2015 Order, as authorising a restriction on contact with a person. (see paras [20]; [33]) Section 250(8) identifies public protection, prevention of reoffending and reintegration as purposes of licence supervision. The court treated safeguarding against radicalisation as capable of running in parallel with public protection and prevention of reoffending. (see paras [20]; [43])

Syeda Fatinah Hossain, R (on the application of) v Secretary of State for Justice

[2026] EWHC 862 (Admin) · 14 April 2026Limits

Applies as the statutory source of the Secretary of State’s power to prescribe licence conditions. (see para [24]) Confirms the power to impose additional licence conditions, including conditions restricting movement. (see para [24]) Limits the exercise of licensing powers by requiring regard to public protection, prevention of reoffending and successful reintegration into the community. (see para [25])

Cole Taylor & Anor v Secretary of State for Justice

[2025] EWHC 3007 (KB) · 17 November 2025Interprets

Confirms that licences must include standard conditions and may include prescribed additional conditions. The provision supplied the general power whose scope was limited by ss.250(5A)–(5C). (see paras [36]-[38]; [56]; [62]) Interprets the provision as permitting prescribed additional licence conditions where release is by the Secretary of State rather than at the Parole Board’s direction, subject to the statutory purposes of supervision. (see paras [37]-[38]; [56]; [62]) Interprets the prohibition as applying only to additional conditions in licences granted to relevant prisoners whose initial release or re-release is at the direction of the Parole Board. It does not restrict automatic release by the Secretary of State. (see paras [38]-[40]; [46]; [50]; [56]) Defines the relevant licences by reference to release or re-release at the direction of the Parole Board. The words were treated as decisive to the construction of the statutory bar. (see paras [38]-[40]; [42]-[44]) Defines relevant prisoners by reference to the release provisions listed in the subsection. Being a relevant prisoner is necessary but insufficient to engage the prohibition; the licence must also satisfy s.250(5B). (see paras [38]; [42]-[43]; [50]) Confirms that the Secretary of State’s discretion to prescribe or impose additional conditions must be exercised having regard to public protection, prevention of reoffending and successful reintegration. (see paras [37]-[38]; [62])

9 more judgments, and what each says about section 250, are in the case-law panel in the full Act.

Explanatory note

581.This section makes provision in relation to the conditions which may be attached to a licence following a prisoner’s release. All licences must include “the standard conditions” as defined insofar as they are compatible with the other licence conditions. An example of a “standard condition” that could be prescribed is a requirement that the offender be of good behaviour. Other than the standard conditions, the content of the licence will vary according to the sentence being served. For prisoners serving one or more sentences of less than twelve months the conditions of the licence are set by the court at the point of sentence (see section 189). These conditions apply in conjunction with the standard conditions and with any condition prescribed for this purpose by the Secretary of State for the purpose of public protection (see subsection (2)(b)(ii)). Subsection (3) provides that court-ordered licence conditions apply where a prisoner is released on licence for compassionate reasons or on Home Detention Curfew. For prisoners serving one or more sentence of more than 12 months the conditions of the licence are set by Prison and Probation Service prior to the prisoners’ release. In this case, subsection (4) provides that the standard conditions will apply, together with any other condition prescribed for this purpose by the Secretary of State and specified in the licence. Conditions as to electronic monitoring and drug testing may also be applied under section 62 or 64 of the Criminal Justice and Court Services Act 2000. Subsection (5) ensures every Home Detention Curfew licence has a curfew condition. Subsection (6) provides that if a court-ordered licence in a sentence of less than 12 months has a curfew condition, it is not to operate at the same time as an HDC curfew. Subsection (7) applies the arrangements on consecutive and concurrent terms to the section. Subsection (8) requires the Secretary of State to have regard to several factors including the protection of the public and the prevention of re-offending when creating standard conditions.

All the explanatory notes for the Act

Amendments and notes

28 notes from legislation.gov.uk

Amendments

  1. F399S. 250(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. 25(a); S.I. 2012/2906, art. 2(h)
  2. F400S. 250(2A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 25(a); S.I. 2012/2906, art. 2(h)
  3. F401S. 250(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. 25(a); S.I. 2012/2906, art. 2(h)
  4. F402Words in s. 250(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 9; S.I. 2012/2906, art. 2(l)
  5. F403Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 6(2)(a); S.I. 2012/2906, art. 2(r)
  6. F404Words in s. 250(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 17(2)(a); S.I. 2015/778, art. 3, Sch. 1 para. 72
  7. F405Words in s. 250(4) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  8. F406Words in s. 250(4) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(5)(a)
  9. F407Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(5)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  10. F408Words in s. 250(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  11. F409Word in s. 250(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(5)(a)
  12. F410Words in s. 250(4) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(5)(b)
  13. F411Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 6(2)(b); S.I. 2012/2906, art. 2(r)
  14. F412Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(5)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  15. F413Words in s. 250(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 17(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 72
  16. F414S. 250(4)(aa) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 4(2) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
  17. F415Word in s. 250(4)(b)(i) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 4(3) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
  18. F416Words in s. 250(4)(b)(i) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 12(2), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(k)
  19. F417Words in s. 250(4)(b)(i) inserted (for specified purposes and with effect in accordance with art. 5 of the commencing S.I., 6.1.2014 in so far as not already in force) by Offender Management Act 2007 (c. 21), ss. 28(5), 41(1); S.I. 2009/32, arts. 3(a), 4; S.I. 2013/1963, art. 2(1)
  20. F418S. 250(4A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  21. F419S. 250(5A)-(5C) substituted for s. 250(5A)-(5B) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 134(2), 208(1) (with s. 134(4)-(7)); S.I. 2022/520, reg. 5(o)
  22. F420Words in s. 250(5A) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 64(2), 81(2); S.I. 2025/1325, reg. 2(f)
  23. F421S. 250(5D) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 64(3), 81(2); S.I. 2025/1325, reg. 2(f)
  24. F422S. 250(5BA) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 45(3)(c)
  25. F423S. 250(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 25(a); S.I. 2012/2906, art. 2(h)
  26. F424S. 250(7) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 5(5), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)
  27. F425S. 250(9) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 134(3), 208(1) (with s. 134(4)-(7)); S.I. 2022/520, reg. 5(o)

Commencement

  1. I107S. 250 partly in force; s. 250 not in force at Royal Assent, see s. 336(3); s. 250(1)-(3)(5)-(8) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 250(1)(2)(b)(ii)(4)(b)(ii)(8) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 250(1)(4)-(7) 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)