Criminal Justice Act 2003, section 263

Concurrent terms

Part 12 Sentencing

(1)This section applies where—

(a) F546 a person (“the offender”) has been sentenced . . . to two or more terms of imprisonment which are wholly or partly concurrent, and

(b)the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

(2)Where this section applies—

(a)nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until he is required to release him in respect of each of the others,

[F547 (aza)nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

(i)to refer the offender’s case to the Board, or

(ii)to release the offender,

in respect of each of the others,F547]

[F548 (aa)the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),F548]

(b)[F549 section 246F549] does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others [F550to which that section appliesF550] ,

(c)on and after his release under this Chapter [F551(unless that release is unconditional)F551] the offender is to be on licence[F552 —

(i)until the last date on which the offender is required to be on licence in respect of any of the terms, and

(ii)subject to such conditions as areF552] required by this Chapter in respect of any of the sentences.

[F553 (2A)Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others.F553]

F554(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “term of imprisonment” includes a determinate sentence of detention under section 91 [F555 or 96 F555] of [F556 the PCC(S)A 2000, under section 250, [F557 252A, F557] 254, 262, 265 [F558 , 266 or 268A F558] of the Sentencing Code F556] or under section [F559 226A, 226B, F559][F560 227 F560][F561 , 228 or 236A F561] of this Act.

[F562 (5)This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).F562]

Definitions used in section 263 4

the Board

“the Board” means the Parole Board;

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
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 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 263 7

R (on the application of Noone) v The Governor of HMP Drake Hall and another

[2010] UKSC 30 · 30 June 2010Interprets

For concurrent mixed sentences, release is deferred until release is required or authorised for every term. Read with section 244, this makes the longer concurrent term govern in practice. (see para [34]) Its express reference to concurrent terms on both sides of the 12-month threshold confirmed that the 2003 regime was intended to govern mixed sentences. (see paras [66]; [70]-[71])

Elam v Secretary of State for Justice

[2011] EWHC 1558 (Admin) · 19 May 2011

The court treated sections 263 and 264 as the aggregation provisions relevant to concurrent or consecutive terms under the transitional scheme (see paras [17]; [20]; [25]; [31]; [36]).

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

[2009] EWHC 2661 (Admin) · 28 October 2009Interprets

Interprets the concurrent-sentence rule as preventing release under the 2003 regime until the prisoner is entitled to release in respect of every concurrent term. The provision postponed automatic release for the later offence. (see para [8])

What each judgment says about section 263 is in the case-law panel in the full Act.

Explanatory note

602.This section deals with release in the case of an offender serving two or more terms of imprisonment at the same time (concurrently). In such cases the offender must serve the longest custodial period of the sentences which have been passed before being released on licence. He will then remain on licence until the expiry of the longest sentence. Subsection (3) states that in cases where a sentence of more than and a sentence of less than 12 months are ordered to be served concurrently, the Secretary of State (in practice the Prison and Probation Services) may set the licence conditions without having regard to any conditions which the court set when passing the shorter sentence.

All the explanatory notes for the Act

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F546Words in s. 263(1)(a) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 226, Sch. 17; 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. F547S. 263(2)(aza) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(9), 208(5)(p)
  3. F548S. 263(2)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 13(a); S.I. 2012/2906, art. 2(l)
  4. F549Words in s. 263(2)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  5. F550Words in s. 263(2)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 13(b); S.I. 2012/2906, art. 2(l)
  6. F551Words in s. 263(2)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 13(c); S.I. 2012/2906, art. 2(l)
  7. F552Words in s. 263(2)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(9), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  8. F553S. 263(2A) inserted (28.6.2022 for E.W.) by Nationality and Borders Act 2022 (c. 36), ss. 47(10), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)
  9. F554S. 263(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 31; S.I. 2012/2906, art. 2(h)
  10. F555Words in s. 263(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(7)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  11. F556Words in s. 263(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 235 (with Sch. 27); S.I. 2020/1236, reg. 2
  12. F557Word in s. 263(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(7)
  13. F558Words in s. 263(4) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(9)
  14. F559Words in s. 263(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 11; S.I. 2012/2906, art. 2(r)
  15. F560Words in s. 263(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(7)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  16. F561Words in s. 263(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 22; S.I. 2015/778, art. 3, Sch. 1 para. 72
  17. F562S. 263(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 7; S.I. 2012/2906, art. 2(o)

Commencement

  1. I118S. 263 wholly in force at 4.4.2005; s. 263 not in force at Royal Assent, see s. 336(3); s. 263 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 263 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)