Title and introductory text
2024 No. 408
Prisons, England And Wales
The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024
Made
19th March 2024
Coming into force
2nd April 2024
The Secretary of State, in exercise of the powers conferred by section 256AZB(1)(a) and (2) of the Criminal Justice Act 2003, makes the following Order.
In accordance with section 330(5)(a) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Propose a change1 Citation and commencement
(1) This Order may be cited as the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024.
(2) This Order comes into force on 2nd April 2024.
Propose a change2 Further release after recall: suitability for automatic release
(1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 255A (further release after recall: introductory), for subsection (4) substitute—
(4) A person is suitable for automatic release only if—
(a) the person—
(i) is aged 18 or over,
(ii) is serving a sentence of less than 12 months,
(iii) has not been recalled on account of being charged with a serious offence, and
(iv) is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or
(b) where paragraph (a) does not apply, the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of the automatic release period.
(4A) For the purposes of subsection (4) “serious offence” means—
(a) murder, or
(b) an offence listed in Schedule 18 to the Sentencing Code.
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(3) In section 255B (automatic release), after subsection (9) insert—
(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(4A)).
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Propose a change3 Application
This Order applies to a person who—
(a) has been recalled under section 254(1) of the Criminal Justice Act 2003 before the day on which this Order comes into force, and
(b) immediately before it comes into force, is being detained in pursuance of the sentence as a result of having been so recalled,
as well as applying to a person recalled on or after that day.
Propose a change