254Recall of prisoners while on licenceE+W
(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.
(3)The Secretary of State must refer to the Board the case of a person recalled under subsection (1).
(4)Where on a reference under subsection (3) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.
(5)In the case of an intermittent custody prisoner who has not yet served in prison the number of custodial days specified in the intermittent custody order, any recommendation by the Board as to immediate release on licence is to be a recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 183(1)(b) in the intermittent custody order.
(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 subsections (2) to (6) applies in relation to a person recalled under section 255.
Modifications etc. (not altering text)
C1S. 254(2) applied (14.7.2008) by Criminal Justice Act 1991 (c. 53), s. 50A(3) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 32(1) (with Sch. 27 para. 12), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 18
C2S. 254(6) applied (14.7.2008) by Criminal Justice Act 1991 (c. 53), s. 50A(3) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 32(1) (with Sch. 27 para. 12), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 18
Commencement Information
I1S. 254 wholly in force at 4.4.2005; s. 254 not in force at Royal Assent, see s. 336(3); s. 254 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 254 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))