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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 128: Power to change test for release on licence of certain prisoners

692.Section 128 gives the Secretary of State a power to set a release test, or tests, that the Parole Board must apply when considering the release of prisoners serving indeterminate sentences under section 225 or 226 of the 1991 Act (IPP prisoners), prisoners serving extended sentences imposed under section 226A or 226B of that Act and determinate sentence prisoners subject to Parole Board release whose release provisions have been saved under Schedule 20B of the 1991 Act (collectively, “discretionary release prisoners”).

693.Subsection (1) gives the Secretary of State a power to make orders setting out when the Parole Board must direct release of discretionary release prisoners. The order may set out either requirements which, if satisfied, mean the Parole Board must direct a prisoner’s release or requirements that must be satisfied for release to be refused.

694.Subsection (3) provides that orders can amend the legislation which sets out the release criteria for IPP prisoners, for discretionary release prisoners. Orders may also make provision for prisoners whose case is being considered by the Board at the time when a release test is amended. They may make separate provision for IPP prisoners, extended sentence prisoners and the other determinate sentence prisoners. They may include consequential provision.

695.Subsections (4) and (5) provide that any order made under the section must be made by statutory instrument subject to the affirmative procedure.

696.Subsection (6) defines IPP prisoners and new extended sentence prisoners so as to include both adults and juveniles.

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