Search Legislation

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Status:

This is the original version (as it was originally enacted).

Further release after recall

113Cancellation of revocation of licence

(1)After section 254(2) of the Criminal Justice Act 2003 (representations by person recalled) insert—

(2A)The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B)The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C)Where the revocation of a person’s licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.

(2)In section 255(3) of that Act (cancellation of revocation under section 255), for “subsection (2)(b)” substitute “subsection (2)(a)”.

114Further release after recall

(1)For sections 255A to 255D of the Criminal Justice Act 2003 (further release after recall) substitute—

Further release after recall
255AFurther release after recall: introductory

(1)This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.

(2)The Secretary of State must, on recalling a person other than an extended sentence prisoner, consider whether the person is suitable for automatic release.

(3)For this purpose “automatic release” means release at the end of the period of 28 days beginning with the date on which the person returns to custody.

(4)A person is suitable for automatic release only if 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 that period.

(5)The person must be dealt with—

(a)in accordance with section 255B if suitable for automatic release;

(b)in accordance with section 255C otherwise.

(6)For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(7)An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

(a)section 227 or 228 of this Act, or

(b)section 85 of the Sentencing Act;

and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the Sentencing Act) a reference to section 58 of the Crime and Disorder Act 1998.

255BAutomatic release

(1)A prisoner who is suitable for automatic release (“P”) must—

(a)on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and

(b)at the end of the 28 day period mentioned in section 255A(3), be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

(4)If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P’s case to the Board on the making of those representations.

(5)Where on a reference under subsection (4) the Board directs P’s immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P’s licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).

(9)If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—

(a)the Secretary of State must inform P that he or she will not be released under this section, and

(b)section 255C applies to P as if the Secretary of State had determined, on P’s recall, that P was not suitable for automatic release.

255CExtended sentence prisoners and those not suitable for automatic release

(1)This section applies to a prisoner (“P”) who—

(a)is an extended sentence prisoner, or

(b)is not considered to be suitable for automatic release.

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.

(4)The Secretary of State must refer P’s case to the Board—

(a)if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or

(b)if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.

(5)Where on a reference under subsection (4) the Board directs P’s immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P’s licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(2)After section 244(1) of that Act (duty to release certain prisoners on licence at half-way point) insert—

(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).

(3)In the heading of section 253 of that Act (curfew conditions) after “section 246” insert “, 255B or 255C”.

(4)In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4) or 255D(1)” substitute “section 255B(4) or 255C(4)”.

(5)In consequence of the amendments made by this section, omit section 29(2) and (3) of the Criminal Justice and Immigration Act 2008.

Back to top

Options/Help

Print Options

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 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?

Close

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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 enactedversion 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
Close

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