The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024

• Citation: S.I. 2024/1331
• Sections: 4

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024.

(2) This Order comes into force on 16th December 2024 except for article 2 which comes into force on 3rd June 2025.

(3) This Order extends to England and Wales only.

Section 2 Amendment to section 246 of the Criminal Justice Act 2003

In section 246(1)(a) of the Criminal Justice Act 2003, for “180” substitute “365” .

Section 3 Amendments to the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024

(1) The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 is amended as follows.

(2) In article 3—

(a) after paragraph (7) insert—

(7A) References in paragraph (7)(a) to (e) to offence A do not include the offence of murder.

(b) in paragraph (8), for “(7)(a) to (e)” substitute “, (7)(a) to (e) or (7A)” .

(3) In the Schedule—

(a) after paragraph 14 insert—

(14A) An offence under section 33 of the Criminal Justice and Courts Act 2015 (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress).

(b) after paragraph 16 insert—

(16A) An offence under section 354 of the Sentencing Code (breach of a sexual harm prevention order).

(c) after paragraph 19 insert—

(19A) An offence under section 5 of that Act (restraining orders on conviction).

(19B) An offence under section 5A of that Act (restraining orders on acquittal).

(d) after paragraph 23 insert—

(23A) An offence under section 8 of the Stalking Protection Act 2019 (breaching a stalking protection order etc.).

(e) after paragraph 54 insert—

Violent Offences

(55) Murder.

Section 4 Application of Article 3

(1) The amendments made by article 3 apply in relation to a sentence imposed before, on or after 16th December 2024, subject as follows.

(2) Where the person serving the sentence was not in custody or detention pursuant to the sentence on 16th December 2024 having been released under Chapter 6 of Part 12 of the Criminal Justice Act 2003, the amendments made by article 3 apply for the purposes of determining the requisite custodial period in relation to the sentence only if the person—

(a) was released under section 246 (power to release prisoners on licence before being required to do so) of the Criminal Justice Act 2003, or section 248 (power to release prisoners on compassionate grounds) of that Act, and

(b) is recalled to prison under section 254(1) or 255(1) of that Act before the end of the period which was the requisite custodial period in relation to the sentence when the person was released.

(3) The reference in paragraph (2)(b) to recall to prison is to recall to prison before, on or after 16th December 2024.

(4) Where the person serving the sentence was not in custody or detention pursuant to the sentence on 16th December 2024 having been removed from prison under section 260 (early removal of prisoners liable to, or eligible for, removal from the United Kingdom) of the Criminal Justice Act 2003, the amendments made by article 3 apply for the purposes of determining the requisite custodial period in relation to the sentence only if the person is returned to prison before the end of the period which was the requisite custodial period in relation to the sentence when the person was removed.

(5) The reference in paragraph (4) to return to prison is to return to prison on or after 16th December 2024.