Recall of prisoners while on licenceN.I.
This section has no associated Explanatory Memorandum
28.—(1) In this Article “P” means a prisoner who has been released on licence under Article 17, 18 [, 20 or 20A].
(2) [The Department of Justice or the Secretary of State] may revoke P's licence and recall P to prison—
(a)if recommended to do so by the Parole Commissioners; or
(b)without such a recommendation if it appears to the [Department of Justice or (as the case may be) the] Secretary of State that it is expedient in the public interest to recall P before such a recommendation is practicable.
(3) P—
(a)shall, on returning to prison, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); an
(b)may make representations in writing with respect to the recall.
(4) The [Department of Justice or (as the case may be) the] Secretary of State shall refer P's recall under paragraph (2) to the Parole Commissioners.
(5) Where on a reference under paragraph (4) the Parole Commissioners direct P's immediate release on licence under this Chapter, the [Department of Justice] shall give effect to the direction.
(6) The Parole Commissioners shall not give a direction under paragraph (5) with respect to P unless they are satisfied that—
(a)where P is serving an indeterminate custodial sentence or an extended custodial sentence [and was not released under Article 20A], it is no longer necessary for the protection of the public from serious harm that P should be confined;
(b)in any other case, it is no longer necessary for the protection of the public that P should be confined.
(7) On the revocation of P's licence, P shall be—
(a)liable to be detained in pursuance of P's sentence; and
(b)if at large, treated as being unlawfully at large.
[(8) The Secretary of State may revoke P's licence and recall P to prison under paragraph (2) only if his decision to revoke P's licence and recall P to prison is arrived at (wholly or partly) on the basis of protected information.]
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