Criminal Justice Act 2003, section 260

Early removal of prisoners liable to removal from United Kingdom

Part 12 Sentencing

[F530 (1)Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter).

(2)The minimum pre-removal custodial period is the longer of—

(a)[F531 30%F531] of the requisite custodial period, and

(b)the requisite custodial period less [F532 4 yearsF532] .F530]

[F533 (2C)[F534 Subsection (1) doesF534] do not apply in relation to a prisoner to whom section 247A applies.F533]

F535(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F536(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A prisoner removed from prison under this section—

(a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

(i)Schedule 2 or 3 to the Immigration Act 1971, or

(ii)section 10 of the Immigration and Asylum Act 1999 (c. 33), and

[F537 (b)so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.F537]

[F538 (4A)Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included—

(a)when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or

(b)when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence).

(4B)Where—

(a)before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and

(b)the person is removed from the United Kingdom before the Board has disposed of the reference,

the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).F538]

F539(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State may by order—

[F540 (a)amend the fraction for the time being specified in subsection (2)(a);

(b)amend the time period for the time being specified in subsection (2)(b).F540]

F541(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F542 (8)Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.F542]

[F543 (9)Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a) the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b)subsection (5) is to be read as including reference to section 247A.F543]

Definitions used in section 260 5

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
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
the Board

“the Board” means the Parole Board;

Defined in s.268(1) · see it in the full Act
the requisite custodial period

(1A) In this Chapter, “the requisite custodial period” means (except where it has the meaning given by section 247A(8)) —

(a)in relation to a person serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , the requisite custodial period for the purposes of section 246A;

(b)in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c)in relation to a person serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code , the requisite custodial period for the purposes of section 244A;

(ca)in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;

(d)in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A , 244 or 244ZA (as appropriate).

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

Cases considering section 260 5

R v Sadnam Singh & Anor

[2026] EWCA Crim 870 · 8 July 2026Interprets

The court applied section 260 to explain the Early Removal Scheme and the effect of an increased sentence on the minimum period before removal. (see paras [16]-[19], [73]-[74]) Cited only. The court used section 260(2) to identify the minimum pre-removal custodial period, calculated by reference to the longer of the statutory alternatives. (see paras [16], [73]-[74]) The court recognised the 30 per cent custodial-period calculation as part of the minimum period before removal. (see paras [16], [73]) The court recognised the alternative calculation based on the requisite custodial period less four years. (see para [16]) The court used section 260(4) to explain that removal from prison under the scheme is for the purpose of removal from the United Kingdom and does not extinguish liability to detention on return. (see paras [17]-[19]) Cited only. Cited only. Cited only. The court recognised continuing detention liability if the removed offender returns to the United Kingdom. (see paras [17]-[19]) Cited only. Cited only. Cited only.

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

[2024] EWHC 60 (Admin) · 18 January 2024Limits

Interprets the ERS power as discretionary: the Secretary of State may remove an eligible fixed-term prisoner after the minimum pre-removal custodial period but is not required to do so. (see paras [25]-[27]) Identifies the minimum pre-removal custodial period by reference to the longer of the statutory alternatives. The provision determines eligibility timing, not an entitlement to removal. (see para [25]) Confirms that the ERS power does not apply to prisoners to whom section 247A applies, illustrating statutory limits on the general removal policy. (see para [27]) Confirms that removal from prison under the ERS is for the purpose of enabling removal from the United Kingdom under specified immigration powers. (see para [25]) Confirms that a prisoner removed under the ERS remains liable to detention while in the United Kingdom and on any return, so removal is not equivalent to release from the sentence. (see paras [25]-[27])

Brooke v Secretary of State for Justice

[2009] EWHC 1396 (Admin) · 15 May 2009

Confirms that a fixed-term prisoner liable to removal may be removed during the 270 days ending when the requisite custodial period will have been served. The judgment relies on this regime to explain why removable and non-removable prisoners are not comparable (see paras [3], [14], [20]).

What each judgment says about section 260 is in the case-law panel in the full Act.

Explanatory note

592.Under the Criminal Justice Act 1991 any short-term foreign national prisoners (those serving a sentence of less than 4 years) who are liable to removal from the UK are automatically released from prison and liable to be removed from the UK at the half-way point in their sentence. They are statutorily excluded from early release under the Home Detention Curfew scheme (section 34A(e) of the 1991 Act as amended by the Crime and Disorder Act 1998).

593.Long-term foreign national prisoners (those serving a determinate sentence of 4 years or more) are considered for early release at the halfway point of their sentence (their Parole Eligibility Date). The decision whether to release is based upon a careful risk assessment. Those who are not considered an acceptable risk for release on parole remain in custody until their automatic release date at the two-thirds point of sentence.

594.Both short and long term foreign national prisoners released from prison are liable to be detained under immigration law until they are finally removed from the UK.

595.Section 260 introduces a new scheme for early removal from prison for foreign national prisoners liable to removal as defined in section 259. Eligible prisoners may be removed from prison up to 135 days earlier than their normal release date.

596.Subsections (1) and (2) set out the minimum requisite custodial period to which the scheme will apply and the period of time to be served before removal from prison will be possible.

597.Certain prisoners will be excluded from the scheme. These statutory exclusions are set out in subsection (3).

598.Subsections (4) and (5) will ensure that prisoners remain liable to be detained in pursuance of their sentences whilst remaining in the UK so that if, for example, the prisoner makes an application for asylum, after being removed under the scheme, the prisoner will be returned to prison to continue to serve the sentence until the normal release date, at which point the prisoner will become subject to immigration law.

599.Subsection (6) gives the Secretary of State the power to amend by order the eligibility requirements of the minimum sentence and custodial period to be served for early removal under the scheme

All the explanatory notes for the Act

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F530S. 260(1)(2) substituted for s. 260(1)-(2B) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  2. F531Word in s. 260(2)(a) substituted (23.9.2025) by The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 (S.I. 2025/1187), arts. 1(2), 2(a)
  3. F532Words in s. 260(2)(b) substituted (23.9.2025) by The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 (S.I. 2025/1187), arts. 1(2), 2(b)
  4. F533S. 260(2C) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(c), 10(4)
  5. F534Words in s. 260(2C) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  6. F535S. 260(3) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)
  7. F536S. 260(3A) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153(7), Sch. 28 Pt. 2; S.I. 2009/2606, art. 3(j)(i)
  8. F537S. 260(4)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  9. F538S. 260(4A)(4B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(6), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  10. F539S. 260(5) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 47(7), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  11. F540S. 260(6)(a)(b) substituted for s. 260(6)(a)-(c) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(8), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  12. F541S. 260(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(4), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
  13. F542S. 260(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 6; S.I. 2012/2906, art. 2(o)
  14. F543S. 260(9) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(d), 10(4)

Commencement

  1. I117S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 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)