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)).