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Part 12Sentencing

Chapter 6Release on licence

Recall after release

256Further release after recall

(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).