Part 12Sentencing
Chapter 6 Release, licences, supervision and recall
Release on licence
F1244ZCProceedings following reference under section 244ZB
(1)
This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.
(2)
If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.
(3)
It is the duty of the Secretary of State to release the prisoner on licence as soon as—
(a)
the prisoner has served the requisite custodial period, and
(b)
the Board has directed the release of the prisoner under this section.
(4)
The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
(5)
The Board must not subsequently give a direction under subsection (3) unless—
(a)
the Secretary of State has referred the prisoner’s case to the Board under subsection (2), and
(b)
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
(6)
For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).