Criminal Justice Act 2003, section 252

Duty to comply with licence conditions

Part 12 Sentencing

[F427 (1)F427] A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.

[F428 (2)But where—

(a)the licence relates to a sentence of imprisonment passed by a service court, [F429 andF429]

F430(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the person is residing outside the British Islands,

the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.F428]

Definitions used in section 252 3

licence

“licence” means a licence under Chapter 6;

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 court

“service court” means—

(a)

the Court Martial;

(b)

the Summary Appeal Court;

(c)

the Service Civilian Court;

(d)

the Court Martial Appeal Court; or

(e)

the Supreme Court on an appeal brought from the Court Martial Appeal Court;

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

8 In this Schedule, and in any provision of this Part as applied by this Schedule, “service court” means—

(a) the Court Martial;

(b) the Summary Appeal Court;

(c) the Service Civilian Court; or

(d) the Court Martial Appeal Court.

Defined in Sch.7 para.8 · see it in the full Act

Cases considering section 252 8

Keiserie, R (On the Application Of) v Secretary of State for Justice

[2019] EWHC 2252 (Admin) · 2 July 2019Interprets

The court treated compliance with conditions specified in the licence as a statutory obligation, while holding that specified conditions need not be contained in a physical document. (see paras [19]; [26]-[27])

Cole Taylor & Anor v Secretary of State for Justice

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

Confirms that released prisoners must comply with licence conditions, with breach potentially engaging the recall regime. (see paras [41]-[44])

TBG v A Chief Constable of Police

[2022] EWHC 2665 (Admin) · 21 October 2022Defines

Confirms the offender’s statutory duty to comply with licence conditions. The court contrasted that duty with the separate enforcement consequences of breach of a sexual harm protection order.

What each judgment says about section 252 is in the case-law panel in the full Act.

Explanatory note

583.This section requires the offender to comply with any conditions attached to their licence.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F427S. 252 renumbered (28.3.2009 for certain purposes, otherwise 31.10.2009) as s. 252(1) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F428S. 252(2) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F429Word in s. 252(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 27(a); S.I. 2012/2906, art. 2(h)
  4. F430S. 252(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 27(b); S.I. 2012/2906, art. 2(h)

Commencement

  1. I109S. 252 wholly in force at 4.4.2005; s. 252 not in force at Royal Assent, see s. 336(3); s. 252 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 252 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)