Criminal Justice Act 2003, section 264

Consecutive terms

Part 12 Sentencing

(1)This section applies where—

(a) a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and

(b)F563the 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, ...

F563(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F564 (2A)Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.

(2B)Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.

(2C)Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.

(2D)Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.

(2E)Nothing in this Chapter requires the Secretary of State to release the offender until—

(a)the Board has directed the release of the offender, or

(b)the offender has served a period equal to the aggregate length of—

(i)the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and

(ii)the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.

(2F)For the purposes of subsections (2A) to (2E)—

(a) a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—

(i)section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or

(ii)section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;

(b) a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—

(i)section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or

(ii)a notice under section 244ZB(4) is in force.F564]

[F565 (3B)The offender's release under this Chapter is to be unconditional if—

(a)the aggregate length of the terms of imprisonment is less than 12 months, and

(b)section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

(3C)If the offender is released on licence under this Chapter—

(a)the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);

F566(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F567(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E)When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.F565]

F568(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F568(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F569 (6) In this section “[F570 minimum F570] custodial period” [F571 , except if subsection (6A) applies, F571] means—

(a)in relation to an extended sentence imposed under section 226A or 226B [F572 or under section 254, 266 or 279 of the Sentencing CodeF572] , two-thirds of the appropriate custodial term determined by the court under that section,

(b)in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

(c)in relation to a sentence imposed under section 236A [F573 or under section 265 or 278 of the Sentencing CodeF573] [F574 before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into forceF574] , one-half of the appropriate custodial term determined by the court under that section, and

[F575 (ca)in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,F575]

[F576 (caa)in relation to a sentence imposed under section 252A of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,F576]

[F577 (cb)in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,F577]

(d)in relation to any other sentence, one-half of the sentence.F569]

[F578 (6A) In this section “[F579 minimum F579] custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

[F580 (za) in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section), F580]

(a)in relation to an extended sentence [F581 (not being one to which paragraph (za) applies)F581] imposed under section 226A, 226B, 227 or [F582 228 of this Act or section 254, 266 or 279 of the Sentencing Code,F582] or a sentence imposed under section [F583 236A of this Act or section [F584 252A, 265F584] or 278 of that Code,F583] two-thirds of the appropriate custodial term determined by the court under that section;

(b)in relation to any other sentence, two-thirds of the sentence.F578]

[F585 (6B) In this section “maximum custodial period” means—

(a) in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;

(b)in relation to any other sentence, the term of the sentence.F585]

(7)F593This section applies to a determinate sentence of detention under section 91 [F586or 96F586] of [F587the PCC(S)A 2000, under section 250, [F588 252A,F588] 254, 262, 265 [F589 , 266 or 268AF589] of the Sentencing CodeF587] or under section [F590226A, 226B,F590][F591 227 F591][F592 , 228 or 236AF592] of this Act as it applies to a term of imprisonment ... .

[F594 (8)This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).F594]

Definitions used in section 264 5

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
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 264 14

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

[2010] UKSC 30 · 30 June 2010Limits

For consecutive mixed sentences, the requisite custodial period is the aggregate of the custodial periods attributable to every term. A shorter term contributes one-half of its length. (see paras [35]; [70]-[74]) Where any consecutive term is at least 12 months, the offender's licence continues until the end of the aggregate nominal length of all the terms. (see paras [18]; [52]; [70]-[73]) The uncommenced provision would have regulated licence duration where every consecutive term was below 12 months. Its non-commencement supported preservation of the former regime for that category. (see paras [18]; [62]; [68]-[69]) The uncommenced provision would have defined the relevant licence-ending time for consecutive terms all below 12 months. Without custody plus, its intended calculation was inoperable. (see paras [18]; [62]; [68]) The provision defines the custodial period for a term of at least 12 months as one-half of that term. (see paras [35]; [71]) The printed definition for a shorter term depended on uncommenced section 181 and was therefore inoperable. It was read, in the limited mixed-sentence context, as supplying a custodial period of one-half. (see paras [67]; [71]-[74])

R v FBD

[2025] EWCA Crim 1370 · 3 October 2025

The court applied section 264(2D) to require aggregation of the minimum custodial periods where consecutive sentences were imposed. (see paras [47]; [48])

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

[2012] EWCA Civ 29 · 27 January 2012Interprets

The section supplied the governing aggregation regime for consecutive terms. It applied to all relevant terms where it applied to any, except where all offences predated 4 April 2005. (see paras [16]–[19]; [23]) The section applied where an offender had two or more consecutive terms passed on the same occasion or without release between the relevant sentencing occasions. It identified the multiple-sentence cases governed by section 264. (see para [5]) The section applied to consecutive sentences passed on different occasions where the offender had not been released under the relevant statutory chapter between the first and last occasions. (see para [5]) The Secretary of State need not release the offender until the aggregate custodial periods had been served. In mixed cases, the provision operated over the terms as an aggregate rather than permitting separate treatment of one sentence. (see paras [17]–[19]; [25]–[26]) Where any term was twelve months or more, the licence continued until the offender would have served the aggregate length of the terms. This determined the licence expiry date in mixed consecutive-sentence cases. (see paras [5]; [17]–[19]; [23]; [26]) The licence endpoint was the aggregate length of the terms. This prevented a pre-2005 term from receiving a separate earlier endpoint under section 37(1) within a mixed aggregate. (see paras [17]–[19]) Cited only. Cited only. Cited only. Defines custodial period for the purposes of the aggregation provision. The definition was used to explain the calculation of release under section 264. (see para [5]) For a term of twelve months or more, custodial period meant one-half of the term. The provision was discussed in relation to the interaction between the saved and new regimes. (see paras [5]; [13]; [22])

What each judgment says about section 264 is in the case-law panel in the full Act.

Explanatory note

603.This section deals with release in the case of offenders serving two or more terms of imprisonment to be served one after the other (consecutively). In such cases the offender must serve a period equal to the aggregate of the custodial periods of the sentences which have been passed before being released on licence. Where sentences of less than 12 months and more than 12 months (including the extended sentence) are passed at the same time, or where more than one sentence of more than 12 months is passed, following release the offender will remain on licence for a period equal in length to the aggregate of the lengths of the individual licence periods for each sentence. Subsection (4) provides that where sentences of less than 12 months are to be served consecutively the offender will remain on licence until he has served a term equal in length to the longest licence period for any one of his sentences. Therefore the term to be served will be the aggregate of the custodial periods plus the longest licence period.

All the explanatory notes for the Act

Amendments and notes

36 notes from legislation.gov.uk

Amendments

  1. F563S. 264(1)(c) and word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 32(2); S.I. 2012/2906, art. 2(h)
  2. F564S. 264(2A)-(2F) substituted for s. 264(2) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(a), 208(5)(p)
  3. F565S. 264(3B)-(3E) substituted for s. 264(3)(3A) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)
  4. F566S. 264(3C)(b) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 9(4)(a) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)
  5. F567S. 264(3D) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 9(4)(b) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)
  6. F568S. 264(4)(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(d); S.I. 2012/2906, art. 2(l)
  7. F569S. 264(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 23(2); S.I. 2015/778, art. 3, Sch. 1 para. 72
  8. F570Word in s. 264(6) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(b), 208(5)(p)
  9. F571Words in s. 264(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(7)(a), 10(4)
  10. F572Words in s. 264(6)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  11. F573Words in s. 264(6)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  12. F574Words in s. 264(6)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(3)(a), 208(5)(m)
  13. F575S. 264(6)(ca) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 131(3)(b), 208(5)(m)
  14. F576S. 264(6)(caa) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(8)(c), 49(4)
  15. F577S. 264(6)(cb) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 130(6), 208(5)(m)
  16. F578S. 264(6A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(7)(b), 10(4)
  17. F579Word in s. 264(6A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(b), 208(5)(p)
  18. F580S. 264(6A)(za) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 45(4)(a)
  19. F581Words in s. 264(6A)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 45(4)(b)
  20. F582Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  21. F583Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  22. F584Words in s. 264(6A)(a) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(8)(a)
  23. F585S. 264(6B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(10)(c), 208(5)(p)
  24. F593Words in s. 264(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(f); S.I. 2012/2906, art. 2(l)
  25. F586Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(8)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  26. F587Words in s. 264(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(4) (with Sch. 27); S.I. 2020/1236, reg. 2
  27. F588Word in s. 264(7) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(8)(b)
  28. F589Words in s. 264(7) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(10)
  29. F590Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 12(3); S.I. 2012/2906, art. 2(r)
  30. F591Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(8)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  31. F592Words in s. 264(7) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 23(3); S.I. 2015/778, art. 3, Sch. 1 para. 72
  32. F594S. 264(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 8; S.I. 2012/2906, art. 2(o)

Modifications

  1. C51S. 264 modified (10.9.2024 for specified purposes, 22.10.2024 in so far as not already in force) by The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), arts. 1(2), 3
  2. C52S. 264 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(7) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))
  3. C53S. 264(6)(d) modified (1.4.2020) by The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158), arts. 1, 4 (with art. 5)

Commencement

  1. I119S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) 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)