PART 1Criminal Justice
Release and recall of prisoners
10Power to change test for release after recall: determinate sentences
1
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners), after section 256A insert—
256AZAPower to change test for release following recall
1
The Secretary of State may by order change—
a
the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;
b
the tests to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);
c
the tests to be applied by the recall adjudicator in deciding how to determine a reference under section 255B(4), 255C(4) or 256A(1) or (2).
2
An order under subsection (1) may, in particular—
a
apply to people recalled before the day on which it comes into force as well as to people recalled on or after that day;
b
amend this Chapter.
2
In section 330(5)(a) of that Act (orders subject to affirmative procedure) at the appropriate place insert—
section 256AZA,