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Criminal Justice Act 2003
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Changes over time for: Section 256A
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Changes to legislation:
Criminal Justice Act 2003, Section 256A is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 256A:
- s. 256A(2) words substituted by 2015 c. 2 s. 9(6)(b)(i)
- s. 256A(2) words substituted by 2015 c. 2 s. 9(6)(b)(ii)
- s. 256A(3) words substituted by 2015 c. 2 s. 9(6)(c)
- s. 256A(4) words inserted by 2015 c. 2 s. 9(6)(e)
- s. 256A(4) words substituted by 2015 c. 2 s. 9(6)(d)(i)
- s. 256A(4)(b) substituted by 2015 c. 2 s. 9(6)(d)(ii)
- specified provision(s) amendment to earlier commencing SI 2012/2574, Sch. by S.I. 2012/2761 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 256AZBA-256AZBC and cross-heading inserted by 2024 c. 21 s. 62(1)
- s. 256AZBC(1) power to amend or apply conferred by 2012 c.10, s. 128(3A) (as inserted) by 2024 c. 21 s. 60(3)
- s. 150(aa) inserted by 2012 c. 10 Sch. 26 para. 19(2) (This amendment not applied to legislation.gov.uk. Sch. 26 para. 19 omitted (11.12.2013) by virtue of 2013 c. 22, Sch. 16 para. 23(2); S.I. 2013/2981, art. 2(d))
- s. 150(ba) inserted by 2012 c. 10 Sch. 26 para. 19(3) (This amendment not applied to legislation.gov.uk. Sch. 26 para. 19 omitted (11.12.2013) by virtue of 2013 c. 22, Sch. 16 para. 23(2); S.I. 2013/2981, art. 2(d))
- s. 151(A1) inserted by 2008 c. 4 s. 11(3)
- s. 151(1A) inserted by 2008 c. 4 s. 11(5)
- s. 151(1A)(b) word substituted by 2008 c. 4 Sch. 4 para. 76(3) (This amendment not applied to legislation.gov.uk. S. 151(1A) is still only prospectively inserted by 2008 c. 4, s. 11(5))
- s. 151(1A)(c) substituted by 2009 c. 25 Sch. 17 para. 8(3) (This amendment not applied to legislation.gov.uk. S. 151(1A) is still only prospectively inserted by 2008 c. 4, s. 11(5))
- s. 151(2A)(b) substituted by 2009 c. 25 Sch. 17 para. 8(4)
- s. 151(4A) inserted by 2009 c. 25 Sch. 17 para. 8(5)
- s. 151(8)(a) words substituted by 2009 c. 25 Sch. 17 para. 8(6)(a)
- s. 151(8)(b) words inserted by 2009 c. 25 Sch. 17 para. 8(6)(b)(i)
- s. 151(8)(b) words substituted by 2009 c. 25 Sch. 17 para. 8(6)(b)(ii)
- s. 151(8)(c)-(f) inserted by 2009 c. 25 Sch. 17 para. 8(6)(c)
- s. 165(5) inserted by 2014 c. 12 s. 179(3)
- s. 237(1A) inserted by 2006 c. 48 s. 34(3)
- s. 237(1B)(f)(g) inserted by 2021 c. 11 Sch. 13 para. 40(b)
- s. 237A 237B inserted by 2024 c. 21 s. 59(2)
- s. 237A power to amend conferred by 2012 c.10, s. 128(3)(aaza) (as inserted) by 2024 c. 21 s. 60(2)(b)
- s. 239A inserted by 2015 c. 2 s. 8(1)
- s. 239A cross-heading inserted by 2015 c. 2 Sch. 3 para. 5
- s. 250(5C) inserted by 2015 c. 2 Sch. 3 para. 7(4)
- s. 250(5D) inserted by 2024 c. 21 s. 64(3)
- s. 255A(4A) inserted by 2015 c. 2 s. 9(2)
- s. 255B(3A) inserted by 2015 c. 2 s. 9(3)(b)
- s. 255B(3A) inserted by 2024 c. 21 s. 59(5)
- s. 255B(4A)-(4C) inserted by 2015 c. 2 s. 9(3)(d)
- s. 255C(3A) inserted by 2015 c. 2 s. 9(4)(b)
- s. 255C(3A) inserted by 2024 c. 21 s. 59(6)
- s. 255C(4A)-(4C) inserted by 2015 c. 2 s. 9(4)(d)
- s. 256A(1)-(1B) substituted for s. 256A(1) by 2015 c. 2 s. 9(6)(a)
- s. 256A(4A)(4B) inserted by 2015 c. 2 s. 9(6)(f)
- s. 256A(5)(6) substituted for s. 256A(5) by 2015 c. 2 s. 9(6)(g)
- s. 256AZA inserted by 2015 c. 2 s. 10(1)
- s. 256AZB(3) inserted by 2024 c. 21 s. 59(7)
- s. 257(3) inserted by 2006 c. 48 s. 34(4)
- s. 258(1A) inserted by 2006 c. 48 s. 34(5)
- s. 260(4)(aa) substituted for word by 2008 c. 4 s. 34(7)(b) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
- s. 268A inserted by 2024 c. 21 s. 70
- s. 327(4A)(ca) inserted by 2024 c. 21 s. 65
- Sch. 15B para. 49A omitted by S.I. 2019/780 reg. 26(4)(c) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
- Sch. 15B para. 49B omitted by S.I. 2019/780 reg. 26(4)(d) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
- Sch. 18B inserted by 2024 c. 21 Sch. 2
- Sch. 19 para. 2(2)(e) and word inserted by 2024 c. 21 s. 74(3)(b)
- Sch. 19 para. 2(2A) inserted by 2024 c. 21 s. 74(4)
- Sch. 20B para. 34(6)(7) substituted for Sch. 20B para. 34(6) by 2015 c. 2 Sch. 3 para. 10
[F1256AFurther reviewE+W
This section has no associated Explanatory Notes
[F2(1)This section applies to a person if—
(a)there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and
(b)the person has not been released.
(1A)The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).
(1B)Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.]
(2)The Secretary of State may, at any time before [F3the review date], refer the person's case to the Board.
(3)The Board may at any time recommend to the Secretary of State that [F4the person’s] case be referred under subsection (2).
[F5(4)The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.
(5)Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.]]
Textual Amendments
F1S. 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)
F2S. 256A(1)-(1B) substituted for s. 256A(1) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(a), 208(1); S.I. 2022/520, reg. 5(o)
F3Words in s. 256A(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(b), 208(1); S.I. 2022/520, reg. 5(o)
F4Words in s. 256A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(c), 208(1); S.I. 2022/520, reg. 5(o)
F5S. 256A(4)(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(d), 208(1); S.I. 2022/520, reg. 5(o)
Modifications etc. (not altering text)
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