(a) all the custodial periods in relation to the terms of imprisonment, and
(b) the longest of the licence periods in relation to those terms.
(6) In this section—
(a) “custodial period”—
(i) in relation to an extended sentence imposed under section 218
or 219, means the appropriate custodial term determined under
(ii) in relation to a term of twelve months or more, means one-half
of the term, and
(iii) in relation to a term of less than twelve months complying with
section 174, means the custodial period as defined by subsection
(3)(a) of that section;
(b) “licence period”, in relation to a term of less than twelve months
complying with section 174, has the meaning given by subsection (3)(b)
of that section.
(7) This section applies to a determinate sentence of detention under section 91 of
the Sentencing Act or under section 219 of this Act as it applies to a term of
imprisonment of 12 months or more.
Restriction on consecutive sentences for released prisoners
250 Restriction on consecutive sentences for released prisoners
(1) A court sentencing a person to a term of imprisonment may not order or direct
that the term is to commence on the expiry of any other sentence of
imprisonment from which he has been released early under this Chapter.
(2) In this section “sentence of imprisonment” includes a sentence of detention
under section 91 of the Sentencing Act or section 219 of this Act, and “term of
imprisonment” is to be read accordingly.
Drug testing requirements
251 Release on licence etc: drug testing requirements
(1) Section 64 of the Criminal Justice and Court Services Act 2000 (c. 43) (release on
licence etc: drug testing requirements) is amended as follows.
(2) In subsection (1) for paragraph (a) there is substituted—
“(a) the Secretary of State releases from prison a person aged 14 or
over on whom a sentence of imprisonment has been imposed,
(aa) a responsible officer is of the opinion—
(i) that the offender has a propensity to misuse specified
Class A drugs, and
(ii) that the misuse by the offender of any specified Class A
drug caused or contributed to any offence of which he
has been convicted, or is likely to cause or contribute to
the commission of further offences, and”.
(3) After subsection (4) there is inserted—
“(4A) A person under the age of 17 years may not be required by virtue of this
section to provide a sample otherwise than in the presence of an
(4) In subsection (5), after paragraph (e) there is inserted “and
(f) a sentence of detention under section 217 or 219 of the Criminal
Justice Act 2003,”.
(5) After subsection (5) there is inserted—
“(6) In this section—
“appropriate adult”, in relation to a person aged under 17,
(a) his parent or guardian or, if he is in the care of a local
authority or voluntary organisation, a person
representing that authority or organisation,
(b) a social worker of a local authority social services
(c) if no person falling within paragraph (a) or (b) is
available, any responsible person aged 18 or over who is
not a police officer or a person employed by the police;
“responsible officer” means—
(a) in relation to an offender aged under 18, an officer of a
local probation board or a member of a youth offending
(b) in relation to an offender aged 18 or over, an officer of a
local probation board.”
252 Alteration by order of relevant proportion of sentence
The Secretary of State may by order provide that any reference in section
235(3)(a), section 237(2) or section 249(6)(a)(ii) to a particular proportion of a
prisoner’s sentence is to be read as a reference to such other proportion of a
prisoner’s sentence as may be specified in the order.
253 Interpretation of Chapter 6
In this Chapter—
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);
“the Board” means the Parole Board;
“fixed-term prisoner” has the meaning given by section 228(1);
“prison” and “prisoner” are to be read in accordance with section 228(2);
“release”, in relation to a prisoner serving a sentence of imprisonment to
which an intermittent custody order relates, includes temporary
“relevant court order”, in relation to a person serving a sentence of
imprisonment to which a custody plus order or intermittent custody
order relates, means that order.
Effect of life sentence
254 Determination of minimum term in relation to mandatory life sentence
(1) This section applies where after the commencement of this section a court
passes a life sentence in circumstances where the sentence is fixed by law.
(2) The court must, unless it makes an order under subsection (4), order that the
provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c. 43)
(referred to in this Chapter as “the early release provisions”) are to apply to the
offender as soon as he has served the part of his sentence which is specified in
(3) The part of his sentence is to be such as the court considers appropriate taking
(a) the seriousness of the offence, or of the combination of the offence and
any one or more offences associated with it, and
(b) the effect of any direction which it would have given under section 231
(crediting periods of remand in custody) if it had sentenced him to a
term of imprisonment.
(4) If the offender was 21 or over when he committed the offence and the court is
of the opinion that, because of the seriousness of the offence, or of the
combination of the offence and one or more offences associated with it, no
order should be made under subsection (2), the court must order that the early
release provisions are not to apply to the offender.
(5) In considering under subsection (3) or (4) the seriousness of an offence (or of
the combination of an offence and one or more offences associated with it), the
court must have regard to—
(a) the general principles set out in Schedule 17, and
(b) any guidelines relating to offences in general which are relevant to the
case and are not incompatible with the provisions of Schedule 17.
(6) The Secretary of State may by order amend Schedule 17.
255 Duty to give reasons
(1) Any court making an order under subsection (2) or (4) of section 254 must state
in open court, in ordinary language, its reasons for deciding on the order made.
(2) In stating its reasons the court must, in particular—
(a) state which of the starting points in Schedule 17 it has chosen and its
reasons for doing so, and
(b) state its reasons for any departure from that starting point.
In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence
following conviction on indictment), after subsection (1) there is inserted—
“(1A) In subsection (1) of this section, the reference to a sentence fixed by law
does not include a reference to an order made under subsection (2) or
(4) of section 254 of the Criminal Justice Act 2003 in relation to a life
sentence (as defined in section 262 of that Act), that is fixed by law.”.
257 Review of minimum term on a reference by Attorney General
In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing)
after subsection (3) there is inserted—
“(3A) Where a reference under this section relates to an order under
subsection (2) of section 254 of the Criminal Justice Act 2003
(determination of minimum term in relation to mandatory life
sentence), the Court of Appeal shall not, in deciding what order under
that section is appropriate for the case, make any allowance for the fact
that the person to whom it relates is being sentenced for a second
258 Life prisoners transferred to England and Wales
(1) The Secretary of State must refer the case of any transferred life prisoner to the
High Court for the making of a relevant order.
(2) In subsection (1) “transferred life prisoner” means a person—
(a) on whom a court in a country or territory outside the British Islands has
imposed one or more sentences of imprisonment or detention for an
indeterminate period, and
(b) who has been transferred to England and Wales after the
commencement of this section in pursuance of—
(i) an order made by the Secretary of State under section 2 of the
Colonial Prisoners Removal Act 1884 (c. 31), or
(ii) a warrant issued by the Secretary of State under the
Repatriation of Prisoners Act 1984 (c. 47),
there to serve his sentence or sentences or the remainder of his sentence or
(3) In subsection (1) “a relevant order” means—
(a) in a case where the prisoner’s offence or offences appear to the court to
be or include an offence for which, if it had been committed in England
and Wales, the sentence would have been fixed by law, an order under
subsection (2) or (4) of section 254, and
(b) in any other case, an order under subsection (2) or (4) of section 82A of
the Sentencing Act.
(4) In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life
prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “and
includes a transferred life prisoner as defined by section 258 of the Criminal
Justice Act 2003”.
259 Further provisions about references relating to transferred life prisoners
(1) A reference to the High Court under section 258 is to be determined by a single
judge of that court without an oral hearing.
(2) In relation to a reference under that section, any reference to “the court” in
subsections (2) to (5) of section 254, in Schedule 17 or in section 82A(2) to (4) of
the Sentencing Act is to be read as a reference to the High Court.
(3) A person in respect of whom a reference has been made under section 254 may
with the leave of the Court of Appeal appeal to the Court of Appeal against the
decision of the High Court on the reference.
(4) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to House
of Lords from decision of High Court in a criminal cause or matter) and section
18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High
Court to Court of Appeal in a criminal cause or matter) do not apply in relation
to a decision to which subsection (3) applies.
(5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be
exercised by the criminal division of that court.
(6) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from
criminal division of Court of Appeal) does not prevent an appeal to the House
of Lords under this section.
(7) In relation to appeals to the Court of Appeal or the House of Lords under this
section, the Secretary of State may make an order containing provision
corresponding to any provision in the Criminal Appeal Act 1968 (subject to any
260 Duty to release certain life prisoners
(1) Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life
prisoners) is amended as follows.
(2) For subsection (1A) there is substituted—
“(1A) In this Chapter—
(a) references to a life prisoner to whom this section applies are
references to a life prisoner in respect of whom a minimum term
order has been made, and
(b) references to the relevant part of his sentence are references to
the part of his sentence specified in the order.”.
(3) In subsection (1B)(a), for the words from “such an order” to “appropriate stage”
there is substituted “a minimum term order has been made in respect of each
of those sentences”.
(4) After subsection (8) there is inserted—
“(8A) In this section “minimum term order” means an order under—
(a) subsection (2) of section 82A of the Powers of Criminal Courts
(Sentencing) Act 2000 (determination of minimum term in
respect of life sentence that is not fixed by law), or
(b) subsection (2) of section 254 of the Criminal Justice Act 2003
(determination of minimum term in respect of mandatory life
261 Mandatory life sentences: transitional cases
Schedule 18 (which relates to the effect in transitional cases of mandatory life
sentences) shall have effect.