Other provision about release and supervision of offenders
9Recall and further release of offenders
1
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.
2
In section 244(1A) (disapplication of that section following recall), after “246” insert “
or 248
”
.
3
In section 255(1)(a) (recall of prisoners released early under section 246), for “any condition included in his licence” substitute “
the curfew condition included in the licence
”
.
4
In section 255A (further release after recall)—
a
omit subsection (3),
b
in subsection (4), for “that period” substitute “
the automatic release period
”
,
c
in subsection (5), after paragraph (b) insert—
but that is subject, where applicable, to section 243A(2) (unconditional release).
d
at the end insert—
8
Automatic release” means release at the end of the automatic release period.
9
In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—
a
where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;
b
where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.
10
In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—
a
the period described in subsection (9)(a) or (b) (as appropriate);
b
the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.
5
In section 255B(1)(b) (automatic release), for “the 28 day period mentioned in section 255A(3)” substitute “
the automatic release period (as defined in section 255A(9) and (10))
”
.
6
In section 240ZA(6) (time remanded in custody not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “
automatic release period served by the offender
”
.
7
In section 240A(3B) (time remanded on bail not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “
automatic release period served by the offender
”
.