Part 2Sentencing
Release and recall of prisoners
I130Further review and release of prisoners after recall
1
Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.
2
In subsection (1) for paragraph (b) substitute—
b
determine the reference by making no recommendation as to his release.
3
In subsection (2) omit “or (b)”.
4
Subsections (3) and (5) cease to have effect.
5
In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “
Review by the Board
”
.
6
After section 256 insert—
256AFurther review
1
The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.
2
The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.
3
The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).
4
On a reference under subsection (1) or (2), the Board must determine the reference by—
a
recommending the person's immediate release on licence under this Chapter,
b
fixing a date for his release on licence, or
c
making no recommendation as to his release.
5
The Secretary of State—
a
where the Board makes a recommendation under subsection (4)(a) for the person's immediate release on licence, must give effect to the recommendation; and
b
where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.