Part 12Sentencing
Chapter 6 Release, licences , supervision and recall
F2Further release after recall
F2255BAutomatic release F1: relevant young offenders
F3(1)
A relevant young offender who is suitable for automatic release at the end of the section 255B automatic release period (“P”) must—
(a)
on return to prison, be informed that they will be released under this section (subject to subsections (8) and (9)), and
(b)
at the end of the section 255B automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).
(1A)
In the case of a relevant young offender recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means—
(a)
where the offender is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the offender returns to custody;
(b)
where the offender is serving a sentence of 12 months or more, the period of 28 days beginning with that day.
(1B)
In the case of a relevant young offender recalled under section 254 while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later—
(a)
the period described in subsection (1A)(a) or (b) (as appropriate);
(b)
the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier release.
(2)
The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
(3)
The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
(4)
If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.
F4(4A)
The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
(5)
Where on a reference under subsection (4) the Board directs P's F5... release on licence under this Chapter, the Secretary of State must give effect to the direction.
(6)
Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
(7)
Where this subsection applies—
(a)
if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and
(b)
P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
(8)
Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).
(9)
If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for F6release at the end of the section 255B automatic release period—
(a)
the Secretary of State must inform P that he or she will not be released under this section, and
(b)
section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for F7release at the end of the section 255B automatic release period.
F8(10)
Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(5)).
F9(11)
For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
(12)
In this section, “relevant young offender” has the same meaning as in section 255A.