C2C3Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
C1Chapter 6F10 Release, licences and recall
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
F8Further release after recall
S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F8255AFurther release after recall: introductory
1
This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.
2
The Secretary of State must, on recalling a person other than an extended sentence prisoner, consider whether the person is suitable for automatic release.
3
For this purpose “automatic release” means release at the end of the period of 28 days beginning with the date on which the person returns to custody.
4
A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of that period.
5
The person must be dealt with—
a
in accordance with section 255B if suitable for automatic release;
b
in accordance with section 255C otherwise.
6
For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
7
An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—
a
section F15226A, 226B, 227 or 228 of this Act, or
b
section 85 of the Sentencing Act;
and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the Sentencing Act) a reference to section 58 of the Crime and Disorder Act 1998.
F8255BAutomatic release
1
A prisoner who is suitable for automatic release (“P”) must—
a
on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and
b
at the end of the 28 day period mentioned in section 255A(3), be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).
2
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
3
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
4
If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.
5
Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.
6
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
7
Where this subsection applies—
a
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
b
P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
8
Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).
9
If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—
a
the Secretary of State must inform P that he or she will not be released under this section, and
b
section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.
F8255CSpecified offence prisoners and those not suitable for automatic release
1
This section applies to a prisoner (“P”) who—
a
is an extended sentence prisoner, or
b
is not considered to be suitable for automatic release.
2
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
3
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.
4
The Secretary of State must refer P's case to the Board—
a
if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or
b
if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.
5
Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.
6
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
7
Where this subsection applies—
a
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
b
P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
8
For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
I1256F2Review by the Board
1
Where on a reference under F13section 255B(4) or 255C(4) in relation to any person, the Board does not F7direct his immediate release on licence under this Chapter, the Board must either—
a
fix a date for the person’s release on licence, or
2
Any date fixed under subsection (1)(a) F4. . . must not be later than the first anniversary of the date on which the decision is taken.
F53
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4
Where the Board has fixed a date under subsection (1)(a), it is the duty of the Secretary of State to release him on licence on that date.
F65
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256AF1Further review
1
The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.
2
The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.
3
The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).
4
On a reference under subsection (1) or (2), the Board must determine the reference by—
a
F12directing the person's immediate release on licence under this Chapter,
b
fixing a date for his release on licence, or
c
making no F14direction as to his release.
5
The Secretary of State—
a
b
where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4