The Act Commentary on Sections Part 2: Sentencing Section 24: Minimum conditions for early release under section 246(1) of the Criminal Justice Act 2003
238.This section amends the statutory formula set out in section 246(2) of the 2003 Act that determines the period of time a prisoner must spend in custody before becoming eligible for early release under the Home Detention Curfew scheme. The amendment will ensure that prisoners will spend at least half of the custodial period in custody, subject to a minimum of 4 weeks before they can be released on Home Detention Curfew.