PART 7Sentencing and release
CHAPTER 1Custodial sentences
Release on licence
I1137Power to change test for release of fixed-term prisoners following recall
I21
The Criminal Justice Act 2003 is amended as follows.
I22
After section 256AZA insert—
256AZBPower to change test for release following recall
1
The Secretary of State may by order change—
a
the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;
b
the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);
c
the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).
2
An order under subsection (1) may in particular—
a
apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);
b
amend this Chapter.
I33
In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—
section 256AZB,