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 ”.