Criminal Justice Act 2003, section 253

Curfew condition to be included in licence under section 246 , 255B or 255C

Part 12 Sentencing

(1)For the purposes of this Chapter, a curfew condition is a condition which—

(a)requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be premises approved by the Secretary of State under [F432section 13 of the Offender Management Act 2007 (c.21)F432] ), and

(b)includes [F433a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit toF433] electronic monitoring of his whereabouts during the periods for the time being so specified.

(2)The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

(3)The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released [F434unconditionally under section 243A orF434] on licence under section 244.

F435(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F436(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.

Definitions used in section 253 1

licence

“licence” means a licence under Chapter 6;

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

Cases considering section 253 9

R v Secretary of State for Justice

[2014] UKSC 39 · 2 July 2014

A curfew condition ends when the prisoner would otherwise be released on licence under section 244. The court used that endpoint to distinguish discretionary curfew release from mandatory release. (see paras [7]; [12]; [58])

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

[2012] EWCA Civ 1374 · 25 October 2012Defines

Section 253 defines the compulsory electronically monitored curfew and provides that it ends on the date of entitlement to release under section 244. Those features supported the conclusion that the licence was integrated with the original custodial sentence (see paras [4]; [31]-[33]).

Francis, R (on the application of) v Secretary of State for Justice & Secretary of State for the Home Department

[2012] EWCA Civ 1200 · 14 September 2012Limits

The court described the curfew and electronic-monitoring requirements for HDC. Those requirements did not justify reading an implied IS91 exclusion into the HDC scheme. (see paras [53]; [56])

What each judgment says about section 253 is in the case-law panel in the full Act.

Explanatory note

584.Subsection (1) defines the curfew condition to be attached to early release on Home Detention Curfew (HDC), as provided in section 246. The curfew condition specifies periods during which the offender must remain in a specified place, and includes a requirement that the curfew is electronically monitored. Under subsection (2)the curfew condition can specify more than one place and/or more than one period. There are time limits; except for the first and last days, a curfew cannot last for less than 9 hours in any one day. Under subsection (3) the curfew condition is to last until the date the offender would have been released from prison if he had not received early release. Subsection (4) provides for the curfew condition in sentences of intermittent custody. Subsections (5) and (6) set out administrative arrangements for the provision of electronic monitoring.

All the explanatory notes for the Act

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F431Words in s. 253 heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  2. F432Words in s. 253(1)(a) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(14)
  3. F433Words in s. 253(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 5(2) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
  4. F434Words in s. 253(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 10; S.I. 2012/2906, art. 2(l)
  5. F435S. 253(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. 28; S.I. 2012/2906, art. 2(h)
  6. F436S. 253(5) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 5(3) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

Commencement

  1. I110S. 253 wholly in force at 4.4.2005; s. 253 not in force at Royal Assent, see s. 336(3); s. 253 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 253(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 253 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)