Section 23 makes changes to the release points for prisoners serving adult standard determinate sentences by way of amendment to the 2003 Act.
	Subsection (2) amends section 243A of the 2003 Act which provides for unconditional release (release not on licence) for certain sentences of less than 12 months.
	Subsection (2)(a) amends section 243A(1)(b) so that unconditional release no longer applies to prisoners serving adult standard determinate sentences of more than one day and less than 12 months and only applies to prisoners serving a sentence under section 250 of the Sentencing Code (those sentenced as youths) for a term of less than 12 months but more than 1 day who are still under 18 on the last day of their requisite custodial period. The amendments make clear that unconditional release only applies to adult standard determinate sentences if they are for a term of one day.
	Subsection (2)(b) amends a previous transitional provision in section 243A(1A) which preserves unconditional release for sentences of less than 12 months for those sentenced before the coming into force of the Offender Rehabilitation of Offenders Act 2014 so that it applies only to offenders serving a sentence under section 250 of the Code.
	Subsections (2)(c) replaces sections 243A(3)(a) with new (3)(a) and (aa) to provide two different release points, preserving one half release for sentences imposed under section 250 of the Sentencing Code but changing all adult sentences released under this provision to one-third of the sentence.
	Subsection (2)(d) amends subsection 243A(4) so that section 243A is no longer subject to modification contained in paragraph 8 Schedule 20B (transitional cases), as it considered there are no such cases remaining in the system.
	Subsection (3) amends section 244(3) to preserve the position that prisoners serving one sentence under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 of the Sentencing Code will be released on licence once they have served one-half of the sentence, and to alter the position for prisoners serving one sentence of any other kind released under this section for them to be released on licence once they have served one-third of the sentence.
	Subsection (4) amends section 244Z A(8) (requisite custodial period for certain violent or sexual offenders – which are standard determinate sentences known as SDS+) to change the release point for prisoners who are currently released at the two-thirds point of their sentence to now be released after serving one-half of that sentence, except for offenders subject to 244ZA(6) (offenders serving a sentence under section 250 of the Sentencing Code of more than seven years for relevant serious offences) who will continue to be released after serving two-thirds of their sentence.
	Subsection (5) amends section 246 (power to release prisoners on licence before being required to do so: interpretation) as a consequence of changes to section 243A.
	Subsection (6) amends section 256B(1A) so that the section, which provides 6 months supervision period for certain youth offenders, no longer applies to offenders serving a sentence under 262 of the Sentencing Code (sentences of Detention in a Young Offenders Institution).
	Subsection (7) amends section 264 (consecutive terms). Section 264 sets out how sentences imposed consecutively to each other are to be calculated and served, in light of the changes to the one third release point change for adults.
	Subsection (8) amends section 264B. Section 264B provides for calculation of consecutive sentences where there is a sentence subject to the transitional release provisions of the Offender Rehabilitation Act 2014 in the mix. As a consequence of the removal of the transitional provision for adults in section 243A (see section 23(2)(d) of the Act), section 264B now only applies to youths, and subsection (8) makes amendments to that effect.
	Subsection (9) amends section 267 (power to modify the release points) by adding sections 243A(3)(aa) and 244(3)(aa) to reflect the changes in subsection (2)(c) and (3) and by extending the power to allow for the modification of release points to SDS+ cases by adding section 244ZA and updating the reference to section 264. This brings SDS+ cases in line with SDS cases.
	Subsection (10) revokes a statutory instrument from 2024 which previously made modifications to SDS release points.
	Subsection (11) makes consequential amendments to various Acts which made amendments to the provisions that are being repealed or altered in the above changes. The changes in subsection (d) to SI 2024/1331 only repeals the modifications in that Order to the S.I 2024/844 Order modifying release points.
	Subsections (12 to 15) is an application provision which provides for the changes in this section to apply to all new sentences, but also to alter the release point of those already sentenced where they have not yet reached their automatic release point. This applies to those in custody at the point of commencement and those in the community having been released on HDC. It does not apply to those unlawfully at large. The changes also do not apply to an adult prisoner who:
(a) is serving a national security offence which, after commencement, becomes an offence which would fall into SOPC (Special Custodial Sentence for Certain Offenders of Particular Concern) release provisions (section 244A of the 2003 Act) (subsection 13). As this only applies for those sentenced before commencement the exclusion is for an exhaustive number of prisoners.
(b) the prisoner is serving a sentence which after commencement would have attracted the release provisions of section 244ZA of the 2003 Act for sexual and violent offenders. This only applies to those sentenced before commencement so for an exhaustive number of prisoners and regardless of when they were sentenced or when the maximum for their sentence became a life sentence (subsection 14).
	Subsection (16) removes subsection (5) where the repeal of HDC is brought into force at the same time as the release changes. As in those circumstances changes which relate to adult sentences release point will not be relevant.
Part 2: Management of offenders after sentencing Section 23: Release