Police, Crime, Sentencing and Courts Act 2022

137 Power to change test for release of fixed-term prisoners following recall

(1) The Criminal Justice Act 2003 is amended as follows.

(2) After section 256AZA insert—

“256AZB Power to change test for release following recall

(1) The Secretary of State may by order change—

(a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;

(b) the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);

(c) the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).

(2) An order under subsection (1) may in particular—

(a) apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);

(b) amend this Chapter.”

(3) In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

• “section 256AZB,”.