PART 2SENTENCING

CHAPTER 4RELEASE ON LICENCE

Recall after release

Further release after recall for certain fixed-term prisoners29.

(1)

This Article applies where—

(a)

a fixed-term prisoner, other than a prisoner serving an extended custodial sentence F1or a prisoner to whom Article 20A applies, (“P”) is released on licence under Article 17 or 20; and

(b)

on a reference under Article 28(4) the Parole Commissioners do not direct P's immediate release on licence under this Chapter.

(2)

Subject to paragraphs (3) and (4), the Parole Commissioners shall either—

(a)

recommend a date for P's release on licence; or

(b)

fix a date as the date for the next review of P's case by them.

(3)

Any date recommended under paragraph (2)(a) or fixed under paragraph (2) (b) must not be later than the second anniversary of the date on which the decision is taken.

(4)

The Parole Commissioners need not make a recommendation under paragraph (2)(a) or fix a date under paragraph (2)(b) if P will fall to be released unconditionally at any time within the next 24 months.

(5)

Where the Parole Commissioners have recommended a date for P's release under paragraph (2)(a), the F2Department of Justice shall release P on licence on that date unless the F3Department of Justice or the Secretary of State has, before that date, referred P's case to the Parole Commissioners.

F4(5A)

The Secretary of State may refer P's case to the Parole Commissioners under paragraph (5) only if his decision to refer P's case is arrived at (wholly or partly) on the basis of protected information.

(6)

On a review required by paragraph (2)(b) or a reference under paragraph (5), the Parole Commissioners shall—

(a)

direct P's immediate release on licence;

(b)

make a recommendation under paragraph (2)(a); or

(c)

fix a date under paragraph (2)(b).

(7)

The Parole Commissioners shall not give a direction under paragraph (6)(a) with respect to P unless they are satisfied that it is no longer necessary for the protection of the public that P should be confined

(8)

The F5Department of Justice shall give effect to any direction under paragraph (6)(a).