Part 12Sentencing
Chapter 6 Release, licences, supervision and recall
F1Further release after recall
F1255AFurther 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 F2, a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB, consider whether the person is suitable for automatic release.
F3(3)
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F4(4)
A person is suitable for automatic release only if—
(a)
F5the person meets the conditions in subsection (4ZA),
(b)
where paragraph (a) does not apply, 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 the automatic release period.
F6(4ZA)
The conditions referred to in subsection (4)(a) are—
(a)
that the person is aged 18 or over;
(b)
that the person is serving a sentence of less than four years;
(c)
that the person is not serving a sentence in respect of an offence listed in Schedule 19AA (offences where offender not suitable for automatic release);
(d)
that the person is not serving a fixed-term sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners);
(e)
that the person does not fall within paragraph (aa) or (c) of section 325(2) (relevant terrorist offenders, etc);
(f)
that the person has not been recalled on account of being charged with an offence;
(g)
that the person is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders).
F7(4A)
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(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.
F8but that is subject, where applicable, to section 243A(2) (unconditional release).
(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—
F11(aa)
section 254, 266 or 279 of the Sentencing Code, or
(b)
section 85 of F12the PCC(S)A 2000;
and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to F12the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.
F13(7A)
A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code.
F14(8)
Automatic release” means release at the end of the automatic release period.
(9)
In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—
(a)
where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;
(b)
where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.
(10)
In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—
(a)
the period described in subsection (9)(a) or (b) (as appropriate);
(b)
the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.