Criminal Justice Act 2003

[F1 256A Further review E+W

(1) The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.

(2) The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.

(3) The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).

(4) On a reference under subsection (1) or (2), the Board must determine the reference by—

(a) [F2 directing] the person's immediate release on licence under this Chapter,

(b) fixing a date for his release on licence, or

(c) making no [F3 direction] as to his release.

(5) The Secretary of State—

(a) where the Board makes a [F4 direction] under subsection (4)(a) for the person's immediate release on licence, must give effect to the [F4 direction]; and

(b) where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.]

Textual Amendments

F1 S. 256A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(6), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (subject to Sch. 2 para. 3)

F2 Word in s. 256A(4)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F3 Word in s. 256A(4)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F4 Words in s. 256A(5) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(4)(c), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)