Criminal Justice Act 2003, section 258

Early release of fine defaulters and contemnors

Part 12 Sentencing

(1)This section applies in relation to a person committed to prison—

(a)in default of payment of a sum adjudged to be paid by a conviction, or

(b)for contempt of court or any kindred offence.

(2)As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.

[F520 (2A)Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).F520]

[F521 (2B)Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.

(2C)The Secretary of State may by order amend the amount for the time being specified in subsection (2B).F521]

(3)Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section [F522or in paragraph 35 of Schedule 20BF522] requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.

[F523 (3A)The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of [F524 the PCC(S)A 2000, under section 250 [F525 , 252AF525] , 254, 262, 265 [F526 , 266 or 268AF526] of the Sentencing CodeF524] or under section [F527 226A, 226B,F527] 227 [F528 , 228 or 236AF528] of this Act.F523]

(4)The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.

Definitions used in section 258 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
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 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

Cases considering section 258 64

K v P

[2008] EWCA Civ 600 · 30 April 2008

Applies: Section 258 requires a person imprisoned for contempt to be released after serving one half of the stated sentence. That rule made it necessary to adjust the sentence for the period spent on remand (see paras [12]-[13]).

AS, R. v

[2008] EWCA Crim 138 · 8 February 2008

The court applied the specific release regime for contempt. A person committed to prison for contempt must be released unconditionally after serving one half of the term, which removed the premise of the appellant’s release-based sentencing challenge. (see paras [27]-[28])

Barclays Bank PLC v Scott Dylan & Ors

[2024] EWHC 2776 (Ch) · 30 October 2024

The court applied section 258 in specifying that each respondent was entitled to unconditional release after serving half of the aggregate sentence. (see paras [58], [70]) The court applied the release provision to order unconditional release after one-half of the custodial term had been served. Each respondent’s 22-month aggregate sentence therefore produced release eligibility after 11 months. (see paras [23], [45], [58], [70])

44 more judgments, and what each says about section 258, are in the case-law panel in the full Act.

Explanatory note

589.This Section re-enacts, with appropriate modifications, section 45 of the Criminal Justice Act 1991 (as amended), which sets out the release provisions for persons committed to custody in default of payment of a fine or for contempt of court, which are not sentences of imprisonment and therefore are not covered by the normal release provisions.

590.Subsection (2) provides for unconditional release at the half-way point of the term. This would cover those serving terms of both under and over 12 months. Subsection (3) makes provision for offenders who are also serving a sentence of imprisonment. Subsection (4) provides a power to release these persons unconditionally on compassionate grounds.

All the explanatory notes for the Act

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F520S. 258(2A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 5(2); S.I. 2012/2906, art. 2(o)
  2. F521S. 258(2B)(2C) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(3), 88(1) (with s. 86(2)); S.I. 2015/820, reg. 3(g)
  3. F522Words in s. 258(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 5(3); S.I. 2012/2906, art. 2(o)
  4. F523S. 258(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  5. F524Words in s. 258(3A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 233 (with Sch. 27); S.I. 2020/1236, reg. 2
  6. F525Word in s. 258(3A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(6)
  7. F526Words in s. 258(3A) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(8)
  8. F527Words in s. 258(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 8; S.I. 2012/2906, art. 2(r)
  9. F528Words in s. 258(3A) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 19; S.I. 2015/778, art. 3, Sch. 1 para. 72

Modifications

  1. C50S. 258 extended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(2), 151(1); S.I. 2012/2906, art. 2(d)

Commencement

  1. I115S. 258 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)