Section 250: Licence conditions, Criminal Justice Act 2003

In this section—

"the standard conditions" means such conditions as may be prescribed for the purposes of this section as standard conditions, and

"prescribed" means prescribed by the Secretary of State by order.

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Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment ... (including ... a sentence imposed under section 226A , 227 or 236A or under section 278 , 279 or 282A of the Sentencing Code) or any sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act—

must include the standard conditions,

must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000, and

may include—

any other condition authorised by section 62, 64 or 64A of the Criminal Justice and Court Services Act 2000 or section 28 of the Offender Management Act 2007, and

such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).

A licence under section 246 must also include a curfew condition complying with section 253.

Subject to subsection (5D), the Secretary of State must not—

include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or

vary or cancel any such condition included in such a licence,

unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).

A licence is within this subsection if it is granted to a relevant prisoner—

on their initial release in a case where that release is at the direction of the Board, or

on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).

In subsection (5B), "relevant prisoner" means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.

Where the High Court gives a direction under section 256AZBC(2) as to the conditions to be included in a prisoner's licence on release, the Secretary of State—

must include the conditions in the prisoner's licence on release;

may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.

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In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

the protection of the public,

the prevention of re-offending, and

securing the successful re-integration of the prisoner into the community.

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Section 250: Licence conditions

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