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Police, Crime, Sentencing and Courts Act 2022

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Changes over time for: Section 137

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Changes to legislation:

Police, Crime, Sentencing and Courts Act 2022, Section 137 is up to date with all changes known to be in force on or before 03 February 2025. 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. Help about Changes to Legislation

137Power to change test for release of fixed-term prisoners following recallE+W
This section has no associated Explanatory Notes

(1)The Criminal Justice Act 2003 is amended as follows.

(2)After section 256AZA insert—

256AZBPower to change test for release following recall

(1)The Secretary of State may by order change—

(a)the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;

(b)the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);

(c)the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).

(2)An order under subsection (1) may in particular—

(a)apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);

(b)amend this Chapter.

(3)In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

  • section 256AZB,.

Commencement Information

I1S. 137 not in force at Royal Assent, see s. 208(1)

I2S. 137(1)(2) in force at 28.6.2022 by S.I. 2022/520, reg. 5(o)

I3S. 137(3) in force at 28.6.2022 by S.I. 2022/520, reg. 5(p)

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