Section 250 of the 2003 Act governs the imposition of licence conditions for determinate sentence offenders. The Secretary of State sets licence conditions for determinate sentence offenders, and where automatically released for extended sentence offenders and those serving sentence for offenders of particular concern. Where release is effected by discretion of the Parole Board then the Board sets the conditions.
	All licences must include standard licence conditions, which are prescribed by the Secretary of State through secondary legislation, currently the Criminal Justice (Sentencing) (Licence Conditions) Order 2015. The Secretary of State also has specific powers in section 250 to set conditions for electronic monitoring, drug testing and polygraph testing. A drug testing condition may only be imposed if the conditions in section 64 of the Criminal Justice and Courts Services Act 2000 are met (where the Secretary of State is satisfied that the offender’s misuse of a class A or B drug caused or contributed to their offence (or is likely to cause further offences) and the offender is dependent on or has a propensity to misuse these drugs).
	The Act amends section 250 to include specific powers to set new restrictive licence conditions. These include a prohibition on driving, a ban on attendance at public events, restriction zones (where an offender’s movements are restricted to a specific area) and a prohibition on entering drinking establishments. The Act also amends the power to set a drug testing condition such that it can be applied to all offenders.
Legal background Part 2: Management of offenders after sentencing Licences