Part 12Sentencing
Chapter 6 Release, licences, supervision and recall
Recall after release
254Recall of prisoners while on licence
(1)
The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.
(2)
A person recalled to prison under subsection (1)—
(a)
may make representations in writing with respect to his recall, and
(b)
on his return to prison, must be informed of the reasons for his recall and of his right to make representations.
F1(2A)
The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.
(2B)
The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.
(2C)
Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.
F2(3)
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F2(4)
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F2(5)
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(6)
On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
(7)
Nothing in F3this section applies in relation to a person recalled under section 255.
255Recall of prisoners released early under section 246
(1)
If it appears to the Secretary of State, as regards a person released on licence under section 246—
(a)
that he has failed to comply with F4the curfew condition included in the licence, or
(b)
that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.
(2)
A person whose licence under section 246 is revoked under this section—
(a)
may make representations in writing with respect to the revocation, and
(b)
on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.
(3)
The Secretary of State, after considering any representations under F5subsection (2)(a) or any other matters, may cancel a revocation under this section.
(4)
Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.
(5)
On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
F6255ZAOffence of remaining unlawfully at large after recall
(1)
A person recalled to prison under section 254 or 255 commits an offence if the person—
(a)
has been notified of the recall orally or in writing, and
(b)
while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.
(2)
A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
(a)
written notice of the recall has been delivered to an appropriate address, and
(b)
a period specified in the notice has elapsed.
(3)
In subsection (2) “an appropriate address” means—
(a)
an address at which, under the person's licence, the person is permitted to reside or stay, or
(b)
an address nominated, in accordance with the person's licence, for the purposes of this section.
(4)
A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
(a)
the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
(b)
the person has failed to comply with such an instruction, and
(c)
the person has not complied with such an instruction for at least 6 months.
(5)
A person who is guilty of an offence under this section is liable—
(a)
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
(b)
on summary conviction to imprisonment for a term not exceeding F7the general limit in a magistrates’ court or a fine (or both).
(6)
(7)
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.