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.