Part 12Sentencing
Chapter 6 Release, licences , supervision and recall
F3Further release after recall
F3255CF1Prisoners F2excluded from automatic release under section 255B or 255BA
F4(1)
This section applies to a prisoner (“P”)—
(a)
who is a relevant young offender and—
(i)
whose case was referred to the Board under section 244ZB, or
(ii)
who is not considered suitable for release at the end of the section 255B automatic release period (see sections 255A(4) and 255B(9)), or
(b)
who is not a relevant young offender and—
(i)
who is not a prisoner eligible for automatic release at the end of the section 255BA automatic release period (see section 255A(8)), or
(ii)
who the Secretary of State has determined should not be released at the end of the section 255BA automatic release period (see section 255BA(5)).
(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.
(4)
The Secretary of State must refer P's case to the Board—
(a)
if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or
(b)
if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.
F5(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.
(5)
Where on a reference under subsection (4) the Board directs P's F6... 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 subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
(8)
For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
F7(9)
In this section, “relevant young offender” has the same meaning as in section 255A.