Offenders (Day of Release from Detention) Bill

1 Days on which offenders may be released from detention

(1)

Section 23 of the Criminal Justice Act 1961 (Prison Rules) is amended as
follows.

(2)

In subsection (3), after “shall” insert “(subject to subsection (3B))”.

(3)

Before subsection (4) insert—

“(3B)

The Secretary of State may direct that a prisoner who would, apart
from this subsection, be discharged on a working day immediately
before a non-working day, must instead be discharged on a day
referred to in subsection (3C) .

(3C)

The days are—

(a)

the last eligible working day before the day on which the
prisoner would otherwise be discharged;

(b)

the last eligible working day before that eligible working day.

(3D)

In this section—

“
eligible working day” means a working day that is not
immediately followed by a non-working day;

“
non-working day” means—

(a)

a Saturday or Sunday, Christmas Day, or Good Friday,
or

(b)

any day that is a bank holiday under section 1 of the
Banking and Financial Dealings Act 1971 in England
and Wales;

“
working day” means a day that is not a non-working day.”

(4)

After subsection (4) insert—

“(5)

In subsections (3), (3B) and (3C), the references to a prisoner also
include references to a person detained in—

(a)

a secure children’s home, or

(b)

a secure 16 to 19 Academy,

in pursuance of a sentence or order referred to in section 163(1) of the
Police, Crime, Sentencing and Courts Act 2022.

(6)

In subsection (5) —

“
secure children’s home” means—

(a)

a children’s home in England, within the meaning given
in section 1 of the Care Standards Act 2000, which
provides accommodation for the purposes of restricting
liberty;

(b)

residential premises in Wales which provide a secure
accommodation service, within the meaning given in
Part 1 of the Regulation and Inspection of Social Care
(Wales) Act 2016 (anaw 2);

“
secure 16 to 19 Academy” has the meaning given in section 1B
of the Academies Act 2010.”

2 Offenders detained under International Criminal Court Act 2001

In paragraph 2(1)(c) of Schedule 7 to the International Criminal Court Act
2001 (domestic provisions not applicable to persons detained pursuant to a
sentence of the International Criminal Court)—

(a)

after “section 23(3)” insert “and (3B) ”;

(b)

for “or on a holiday” substitute “, on a holiday or on a working day
immediately before a non-working day”.

3 Extent, commencement and short title

(1)

Section 1 extends to England and Wales.

(2)

Section 2 and this section extend to England and Wales, Scotland and Northern
Ireland.

(3)

This Act comes into force on such day as the Secretary of State may by
regulations appoint.

(4)

This Act may be cited as the Offenders (Day of Release from Detention) Act
2023.