PART 2SENTENCING
C1C2 CHAPTER 4RELEASE ON LICENCE
Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)
Recall after release
Recall of prisoners released early under Article 19I130
1
If it appears to the F1Department of Justice, as regards a person released on licence under Article 19 (“P”)—
a
that P has failed to comply with any condition included in the licence, or
b
that P's whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in the licence,
the F1Department of Justice may, if the curfew condition is still in force, revoke the licence and recall P to prison under this Article.
2
P—
a
shall, on returning to prison, be informed of the reasons for the revocation and of the right conferred by sub-paragraph (b); and
b
may make representations in writing with respect to the revocation.
3
The F2Department of Justice, after considering any representations under paragraph (2)(b) or any other matters, may cancel the revocation of P's licence under this Article.
4
Where the revocation of P's licence is cancelled under paragraph (3), P is to be treated for the purposes of Article 19 as not having been recalled to prison under this Article.
5
On the revocation of P's licence, P shall be—
a
liable to be detained in pursuance of P's sentence; and
b
if at large, treated as being unlawfully at large.
Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)