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Criminal Justice and Immigration Act 2008

Section 30: Further review and release of prisoners after recall

271.Subsections (1) to (4) amend section 256 of the 2003 Act to remove the requirement for the Parole Board to fix the date of the next review of a prisoner recalled under section 254(1) and for whom the Board has declined to recommend immediate release or to fix a future re-release date under section 256(1)(a). Instead, the Parole Board may determine a reference by making no recommendation as to a prisoner’s release. Subsection (5) makes a consequential amendment to the heading of section 256.

272.Subsection (6) inserts a new section 256A, dealing with further review, into the 2003 Act. This requires the Secretary of State to refer recalled prisoners to the Parole Board at least every 12 months after the prisoner’s last review by the Board, with discretion to refer the case earlier. The Parole Board also has the power to recommend referral at any time before the expiry of 12 months from the prisoner’s last Parole Board review.

273.When determining a referral by the Secretary of State, the Parole Board may recommend immediate release, fix a date for future release or make no recommendation as to release. The Secretary of State must give effect to any recommendation made by the Parole Board to release the prisoner.

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