- Latest available (Revised)
- Original (As enacted)
Criminal Justice and Immigration Act 2008
You are here:
- 2008 c. 4
- Part 2
- Release and recall of prisoners
- Section 30
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice and Immigration Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 90A inserted by S.I. 2010/976 Sch. 18 para. 91
Commencement Orders yet to be applied to the Criminal Justice and Immigration Act 2008:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/1466 art. 2 commences (2008 c. 4)
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2008/2712 art. 2 Sch. commences (2008 c. 4)
- S.I. 2008/2993 art. 2 commences (2008 c. 4)
- S.I. 2008/3260 art. 2 commences (2008 c. 4)
- S.I. 2009/140 art. 2 commences (2008 c. 4)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/1028 art. 2 commences (2008 c. 4)
- S.I. 2009/1678 art. 3 commences (2008 c. 4)
- S.I. 2009/1842 art. 2 commences (2008 c. 4)
- S.I. 2009/2606 art. 2 3 commences (2008 c. 4)
- S.I. 2009/2780 art. 2 commences (2008 c. 4)
- S.I. 2010/712 arts. 2-4 commences (2008 c. 4)
- S.R. 2009/243 art. 2 commences (2008 c. 4)
- S.R. 2010/349 art. 2 commences (2007 c. 2 (N.I.))
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/415 art. 2-4 commences (2008 c. 17)
- S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
- S.I. 2009/1357 art. 2 commences (S.I. 2009/1182)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2010/293 art. 2 commences (2009 c. 24)
- S.I. 2010/862 art. 3 commences (2008 c. 17)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/354 art. 3 commences (2010 asp 13)
Prospective
30Further review and release of prisoners after recallE+W
This section has no associated Explanatory Notes
(1)Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.
(2)In subsection (1) for paragraph (b) substitute—
“(b)determine the reference by making no recommendation as to his release.”
(3)In subsection (2) omit “or (b)”.
(4)Subsections (3) and (5) cease to have effect.
(5)In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.
(6)After section 256 insert—
“256AFurther review
(1)The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.
(2)The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.
(3)The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).
(4)On a reference under subsection (1) or (2), the Board must determine the reference by—
(a)recommending the person's immediate release on licence under this Chapter,
(b)fixing a date for his release on licence, or
(c)making no recommendation as to his release.
(5)The Secretary of State—
(a)where the Board makes a recommendation under subsection (4)(a) for the person's immediate release on licence, must give effect to the recommendation; and
(b)where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.”
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources