http://www.legislation.gov.uk/ukpga/2003/44/section/256AZBACriminal Justice Act 2003An Act to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; and for connected purposes.texttext/xmlenStatute Law Database2026-03-23Expert Participation2026-03-22 Part 12SentencingChapter 6 <Substitution ChangeId="key-65c5e657ebfe88bf0b6d18f161e3347b-1493737989497" CommentaryRef="key-65c5e657ebfe88bf0b6d18f161e3347b"> Release, licences </Substitution><Substitution ChangeId="key-65c5e657ebfe88bf0b6d18f161e3347b-1493737989497" CommentaryRef="key-65c5e657ebfe88bf0b6d18f161e3347b"><Addition ChangeId="key-a6706511f2568575b2e8ff6b14b4096f-1543596559491" CommentaryRef="key-a6706511f2568575b2e8ff6b14b4096f">, supervision</Addition></Substitution><Substitution ChangeId="key-65c5e657ebfe88bf0b6d18f161e3347b-1493737989497" CommentaryRef="key-65c5e657ebfe88bf0b6d18f161e3347b"> and recall</Substitution><Addition ChangeId="key-fac7b55327d5e52792874c4b00691571-1767194961697" CommentaryRef="key-fac7b55327d5e52792874c4b00691571">Referral of release decisions to High Court</Addition><Addition ChangeId="key-fac7b55327d5e52792874c4b00691571-1767194961697" CommentaryRef="key-fac7b55327d5e52792874c4b00691571">Referral of release decisions to High Court</Addition>256AZBA1This section applies where—aa prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB, andbthe Board directs the prisoner’s release under a provision mentioned in the second column of the table in section 237B.2The Secretary of State may direct the Board to refer the prisoner’s case to the High Court if the Secretary of State considers that—athe release of the prisoner would be likely to undermine public confidence in the parole system, andbif the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 256AZBC(1)).3The requirement for the Secretary of State to give effect to the Board’s direction to release the prisoner is suspended—aduring such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Board to refer the prisoner’s case to the High Court under this section, andbif the Secretary of State gives such a direction, pending determination of the reference under section 256AZBC(1).4Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it.5This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.6But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Board before this section comes into force.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. 2Pt. 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)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. 2Pt. 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. 4Ss. 256AZBA-256AZBC and cross-heading inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 62(1), 81(2); S.I. 2025/1325, reg. 2(f)Pt. 12 Ch. 6 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(3) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))S. 256AZBA modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(6) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))