This Order is the eighth commencement order made under the Criminal Justice and Courts Act 2015 (c. 2).

Article 2 brings into force section 11(2), (3) and (5) of that Act. Subsections (2) and (5) amend section 32 of the Crime (Sentences) Act 1997 (c.43) (recall of life prisoners while on licence) to set out the current test applied by the Parole Board for release after recall of indeterminate prisoners, whether recalled before or after the provision comes into force. Subsection (3) amends section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (power to change test for release on licence of certain prisoners) to provide that the Secretary of State may by order amend that test for indeterminate sentence prisoners serving a sentence for public protection (IPP’s). This would be in line with the remit of that section.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.