Part 12

Sentencing
Chapter 6

Release, licences, supervision and recall

Preliminary

Public protection decisions
237A
1
This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter.
2
A “
public protection decision
”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined.
3
The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.
4
In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B.
5
When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker—
a
the nature and seriousness of the offence in respect of which the relevant sentence was imposed;
b
the nature and seriousness of any other offence for which the prisoner has at any time been convicted;
c
the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence);
d
the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined;
e
the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions;
f
any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence;
g
any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs
(a)
to
(f)
).
6
When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner.
7
For the purposes of
subsection (6)
, a “victim” of a prisoner is a person who meets the definition of victim in
section 1
of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed.
8
In subsections
(5)
and
(7)
, “
relevant sentence
” means the sentence in respect of which the public protection decision is made.
9
This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision.
10
Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made.
11
The “
decision-maker
”, in relation to a public protection decision made under a relevant provision of this Chapter, is—
a
if the decision is made under section
256AZBC
(1)
, the High Court;
b
in any other case, the Board.
12
Subsection (2)
has effect in relation to a decision made by the Board—
a
under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted
“remain in prison until the end of the period mentioned in section 255B(1)(b)”
;
b
under section 255C(4A) (prisoners not suitable for automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted
“remain in prison”
.
13
The Secretary of State may by order amend Schedule 18B so as to—
a
specify a further offence, or
b
omit an offence for the time being specified.
Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
Ss. 237A, 237B inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 59(2), 81(2); S.I. 2025/95, reg. 3(b)
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 237A: power to amend conferred (3.4.2025) by 2012 c.10, s. 128(3)(aaza) (as inserted by Victims and Prisoners Act 2024 (c. 21), ss. 60(2)(b), 81(2); S.I. 2025/441, reg. 2(a))