This section provides for an extension of which offenders are eligible for home detention curfews.
	Subsection (1) introduces that amendments will be made to section 246 (release of prisoners on licence before required to do so) of the CJA 2003.
	Subsection (2) amends existing section 246(1), which sets out that prisoners eligible for HDC must be serving a fixed term sentence (i.e., one that has an automatic release date). The amendment provides that prisoners serving certain fixed term sentences are excluded from HDC. This is so HDC will only apply to those sentences with automatic half-way release. Those subject to the following release provisions are excluded:
sentences for specified serious sexual or violent offences subject to the release provisions of section 244ZA of the CJA 2003 (automatic release at the two thirds point of the sentences, rather than at halfway);
sentences for offenders of particular concern imposed under section 236A of the CJA 2003 (or section 265 or 278 of the Sentencing Code) subject to release under section 244A of the CJA 2003;
extended sentences imposed under section 226A or 226B of the CJA 2003 (or section 254, 266 or 279 of the Sentencing Code) subject to release under section 246A of the CJA;
extended sentences imposed under section 227 or 228 of the CJA 2003 subject to release under section 247 of the CJA;
sentences for an offence described in section 247A(2) of the CJA 2003 (specified terrorist or terrorist connected offences) subject to the release provisions of that section;
sentences of four years or more subject to the release provisions under paragraph 4 of Schedule 20B of the CJA 2003 (previously Criminal Justice Act 1991); and
sentences of 12 months or more subject to the release provisions under paragraph 24 of Schedule 20B of the CJA 2003 (imposed under the Criminal Justice Act 1967).
	Subsection (3)(a) amends existing subsection section 246(4) to remove the exclusion from HDC of prisoners serving sentences of 4 years or more and removes existing sentence types that are now excluded from HDC by virtue of subsection (2) of this section. 134 Subsection (3)(b) amends section 246(4) in order to exclude from HDC prisoners serving sentences for specified serious sexual or violent offences that would have been subject to the release provisions of section 244ZA of the CJA 2003 (automatic release at the two thirds point of the sentences, rather than at halfway) if they had been imposed after those provisions came into effect. Those subject to these release provisions (not otherwise excluded, for instance those subject to notification for sexual offences) became eligible by the removal of the four year exclusion. This amendment provides parity with the exclusion of those offenders now subject to the release provisions of section 244ZA.
	Subsection (3)(c) amends existing subsection (4)(g) of Section 246, to limit the exclusion from HDC of any prisoner who has previously been recalled to custody under section 255(1)(a) of the CJA 2003 for having breached the curfew conditions of HDC during their current sentence.
	Subsection (3)(d) substitutes section 246 (4)(ga), which excludes from HDC any prisoner who has "at any time" previously been recalled to custody under section 38A(1)(a) of the Criminal Justice Act 1991 for having breached the curfew conditions of HDC. In its place are inserted new subsections (4)(ga) and (gb). The combined effect of these new subsections is to replace the current exclusion which applies to those recalled for HDC curfew breach at any time previously, i.e., back to 1999 when HDC was first introduced, with an exclusion that applies only where they were still serving the recall at any point during the two years immediately prior to the start of the current sentence.
	Subsection (3)(e) removes existing section 246(4)(ha), which excludes from HDC anyone who has ever been returned to custody by the court under section 40 of the Criminal Justice Act 1991 or section 116 of the Powers of Criminal Courts (Sentencing) 2000. Under these provisions, which only applied to sentences governed by the release provisions of the Criminal Justice Act 1991 and were repealed in 2012, if a person committed a further imprisonable offence between the end of their release licence and the end of the sentence (known as the "at risk period"), the courts could return them to prison to serve a term of imprisonment that was equal to the period between the date of the new offence and the end of the sentence.
	Subsection (4) removes section 246(4)(ZA), which sets out how to treat consecutive or concurrent sentences in determining whether the prisoner was serving a term of 4 years or more and would therefore be excluded from HDC by virtue of existing section 246(4)(aa). This will now be redundant as subsection (4)(aa) has been removed by subsection (2) of this section, those serving sentences of 4 years or more will now be eligible for HDC.
Part 4: Prisoners Home Detention Curfew Section 68: Extension of home detention curfew