Criminal Justice Act 2003, section 257

Additional days for disciplinary offences

Part 12 Sentencing

(1)Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days—

(a)to fixed-term prisoners, or

(b)conditionally on their subsequently becoming such prisoners, to persons on remand,

who (in either case) are guilty of disciplinary offences.

(2)Where additional days are awarded to a fixed-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—

(a)any period which he must serve before becoming entitled to or eligible for release under this Chapter,

(b)any period which he must serve before he can be removed from prison under section 260, and

(c)any period for which a licence granted to him under this Chapter remains in force,

is extended by the aggregate of those additional days.

Definitions used in section 257 4

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
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
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
licence

“licence” means a licence under Chapter 6;

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

Cases considering section 257 3

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

[2016] EWCA Civ 1033 · 28 October 2016Interprets

Interprets section 257 as extending the period before release by the aggregate of additional days. The claimant’s detention therefore remained required for the extended period. (see paras [17]-[19], [24])

D & M, R (on the application of) v Secretary of State for Work & Pensions

[2010] EWCA Civ 18 · 27 January 2010

The court noted that additional days may be added for disciplinary sentences, illustrating the changes in the sentencing regime relevant to the wording of the benefit regulations. (see para [41])

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

[2009] EWCA Civ 575 · 23 April 2009

Applies the statutory reference to extended sentences in outlining the sentencing scheme considered by the Court (see para [2]).

What each judgment says about section 257 is in the case-law panel in the full Act.

Explanatory note

588.This Section re-enacts section 42 of the Criminal Justice Act 1991, which enables rules under the Prison Act 1952 to provide for additional days to be added to prisoners’ sentences if they are found to be guilty of disciplinary offences whilst in custody.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Commencement

  1. I113S. 257 partly in force; s. 257 not in force at Royal Assent, see s. 336(3); s. 257 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 257(1) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 257(1)(2)(a)(b) 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)
  2. I114S. 257(2)(c) in force at 3.12.2012 for specified purposes by S.I. 2012/2905, art. 2 text for certain specified purposes only, see the commentary.