Part 7: Sentencing and release Chapter 1: Custodial sentences Section 130: Increase in requisite custodial period for certain violent or sexual offenders
Section 130 makes amendments to the automatic release provision for certain violent or sexual offenders sentenced to a standard determinate sentence ("SDS") set out in section 244 of the CJA 2003.
	Subsection (3) inserts new section 244ZA in the CJA 2003 which makes special provision for the release on licence of certain violent or sexual offenders serving standard determinate sentences.
	New section 244ZA (1) provides that the Secretary of State has a duty to release a prisoner on licence to whom this section applies once they have served the requisite custodial period, which is defined in new section 244ZA(8) as two-thirds of the sentence.
	New section 244ZA(2) to (7) prescribe which offenders and offences the two-thirds release point will apply to.
	New section 244ZA(4) and (9) replace the Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158) and will apply to prisoners if they are subject to a sentence of imprisonment or detention under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 262 of the Code, that was imposed on or after 1 April 2020 where the term is 4 years or more, for an offence that is specified in Part 1 (violent offences) or Part 2 (sexual offences) of Schedule 15 to the CJA 2003 which attract a maximum penalty of life imprisonment.
	New section 244ZA(5) will apply to prisoners who are subject to a sentence of imprisonment or a sentence of detention under section 262 of the Code for a term of at least 4 years but less than 7 years, imposed on or after the day on which this section comes into force in respect of an offence listed in subsection (7).
	New section 244ZA(6) will also apply to young offenders who are subject to a sentence of detention under section 250 of the Code for a term of seven years or more, in respect of an offence listed in subsection (7).
	Subsection (4) amends section 260(5) of the 2003 Act to ensure that any prisoner subject to new section 244ZA who has been removed from prison for the purposes of deportation (under the Early Removal Scheme ("ERS")) but remains in the United Kingdom is still subject to the duties and powers of the Secretary of State in the same way as if the prisoner remained in custody.
	Subsection (5) amends section 261(5) of the CJA 2003 to provide that where an offender subject to those release provisions has been removed from prison to be deported under the ERS and then re-enters the UK before their sentence expiry date, they are still liable to serve the outstanding custodial part of their sentence.