Eligibility for release
8 Revocation of declaration.
(1)
The Secretary of State shall apply to Commissioners to revoke a declaration under section 3(1) if, at any time before the prisoner is released under section 4 or 6, the Secretary of State believes—
(a)
that as a result of an order under section 3(8), or a change in the prisoner’s circumstances, an applicable condition in section 3 is not satisfied, or
(b)
that evidence or information which was not available to the Commissioners when they granted the declaration suggests that an applicable condition in section 3 is not satisfied.
(2)
The Commissioners shall grant an application under this section if (and only if) the prisoner has not been released under section 4 or 6 and they believe—
(a)
that as a result of an order under section 3(8), or a change in the prisoner’s circumstances, an applicable condition in section 3 is not satisfied, or
(b)
that evidence or information which was not available to them when they granted the declaration suggests that an applicable condition in section 3 is not satisfied.