Further release after recall: suitability for automatic release2
1
The Criminal Justice Act 2003 is amended as follows.
2
In section 255A2 (further release after recall: introductory), for subsection (4) substitute—
4
A person is suitable for automatic release only if—
a
the person—
i
is aged 18 or over,
ii
is serving a sentence of less than 12 months,
iii
has not been recalled on account of being charged with a serious offence, and
iv
is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8)3, by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or
b
where paragraph (a) does not apply, the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of the automatic release period.
4A
For the purposes of subsection (4) “serious offence” means—
a
murder, or
b
an offence listed in Schedule 18 to the Sentencing Code4.
3
In section 255B5 (automatic release), after subsection (9) insert—
10
Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(4A)).