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Criminal Justice Act 2003

Criminal Justice Act 2003 s 243A

s 243A Duty to release certain prisoners serving less than 12 months

(1) This section applies to a fixed-term prisoner if— (a) the prisoner is serving a sentence which is for a term of 1 day, or (b) the prisoner— (i) is serving a sentence which is for a term of less than 12 months, and (ii) is aged under 18 on the last day of the requisite custodial period. (1A) This section also applies to a fixed-term prisoner if— (a) the prisoner is serving a sentence which is for a term of less than 12 months, and (b) the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force. (1B) But this section does not apply to a prisoner to whom section 247A applies. (2) As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally. (2A) Subsection (2) does not apply if— (a) the prisoner’s case has been referred to the Board under section 244ZB, or (b) a notice given to the prisoner under subsection (4) of that section is in force. (3) For the purposes of this section “the requisite custodial period” is— (a) in relation to a person serving one sentence , one-half of the sentence, and (b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E) . (4) This section is subject to— (a) section 256B (supervision of young offenders after release), and (b) paragraph 8 of Schedule 20B (transitional cases).

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