No versions valid at: 22/01/2004
Point in time view as at 22/01/2004. This version of this provision is not valid for this point in time.
Criminal Justice Act 2003, Section 255 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 26/01/2004
(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 any condition included in his 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 subsection (2)(b) 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.
Commencement Information
I1S. 255 wholly in force at 4.4.2005; s. 255 not in force at Royal Assent, see s. 336(3); s. 255 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 255 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)
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