Criminal Justice Act 2003

[F1 255B Automatic release E+W

(1) A prisoner who is suitable for automatic release (“P”) must—

(a) on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and

(b) at the end of [F2 the automatic release period (as defined in section 255A(9) and (10))], be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

(4) If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.

[F3 (4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).]

(5) Where on a reference under subsection (4) the Board directs P's F4 ... release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7) Where this subsection applies—

(a) if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

(b) P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8) Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).

(9) If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—

(a) the Secretary of State must inform P that he or she will not be released under this section, and

(b) section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.

[F5 (10) Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(4A)).]]

Textual Amendments

F1 S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F2 Words in s. 255B(1)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(5), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F3 S. 255B(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(2), 208(1); S.I. 2022/520, reg. 5(o)

F4 Word in s. 255B(5) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 139(2)(a), 208(1); S.I. 2022/520, reg. 5(o)

F5 S. 255B(10) inserted (2.4.2024) by The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024 (S.I. 2024/408), arts. 1(2), 2(3) (with art. 3)

Modifications etc. (not altering text)

C1 Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C2 Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C3 S. 255B(6) modified (10.9.2024 for specified purposes, 22.10.2024 in so far as not already in force) by The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), arts. 1(2), 4