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Point in time view as at 22/01/2004.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 256 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)Where on a reference under section 254(3) in relation to any person, the Board does not recommend his immediate release on licence under this Chapter, the Board must either—
(a)fix a date for the person’s release on licence, or
(b)fix a date as the date for the next review of the person’s case by the Board.
(2)Any date fixed under subsection (1)(a) or (b) must not be later than the first anniversary of the date on which the decision is taken.
(3)The Board need not fix a date under subsection (1)(a) or (b) if the prisoner will fall to be released unconditionally at any time within the next 12 months.
(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.
(5)On a review required by subsection (1)(b) in relation to any person, the Board may—
(a)recommend his immediate release on licence, or
(b)fix a date under subsection (1)(a) or (b).
Modifications etc. (not altering text)
C1Ss. 255A-256A applied (with modifications) (14.7.2008) by 1991 (c. 53), s. 50A(3)(4) as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 32(1), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 18
Commencement Information
I1S. 256 wholly in force at 4.4.2005; s. 256 not in force at Royal Assent, see s. 336(3); s. 256 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 256 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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