(1) The Secretary of State may continue to provide attendance centres. (2) In this Part “attendance centre” means a place at which offenders ... may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of— (a) attendance centre requirements of relevant orders, or (aa) attendance centre requirements of youth rehabilitation orders, within the meaning given by section 173 of the Sentencing Code, (b) attendance centre orders under section 60 of the PCC(S)A 2000, (c) default orders under section 300 of this Act, or (d) youth default orders under section 39 of the Criminal Justice and Immigration Act 2008. (3) For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or local policing body for the use of premises of that authority or body. (4) In this section “relevant order” means— (a) an order under section 177(1) (community order) or 189(1) (suspended sentence order); (b) a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.

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223 Power to amend limits

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224 Meaning of “specified offence” etc.

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224A Life sentence for second listed offence

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225 Life sentence ... for serious offences

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226 Detention for life ... for serious offences committed by those under 18

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226A Extended sentence for certain violent, sexual or terrorism offences: persons 18 or over

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226B Extended sentence for certain violent, sexual or terrorism offences: persons under 18

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227 Extended sentence for certain violent or sexual offences: persons 18 or over

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228 Extended sentence for certain violent or sexual offences: persons under 18

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230 Imprisonment or detention for public protection: release on licence

Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.

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232 Certificates of convictions for purposes of sections 225 and 227

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232A Certificates of conviction

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233 Offences under service law

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234 Determination of day when offence committed

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235 Detention under sections 226, 226B and 228

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236 Conversion of sentences of detention into sentences of imprisonment

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237 Meaning of “fixed-term prisoner” etc

(1) In this Chapter “fixed-term prisoner” means— (a) a person serving a sentence of imprisonment for a determinate term, or (b) a person serving a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 226A, 226B, 227 , 228 or 236A of this Act or under section 250 , 252A, 254, 262, 265, 266 or 268A of the Sentencing Code. and “fixed-term sentence” means a sentence falling within paragraph (a) or (b). (1B) In this Chapter— (a) references to a sentence of imprisonment include such a sentence passed by a service court; (aa) references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006; (b) references to a sentence of detention under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code include a sentence of detention under section 209 of the Armed Forces Act 2006; (ba) references to a sentence under section 226A of this Act or section 266 or 279 of the Sentencing Code include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006; (bb) references to a sentence under section 226B of this Act or section 254 of the Sentencing Code include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006; (c) references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 or section 240A; ... (d) references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act, and (e) references to a sentence under section 236A of this Act or section 265 or 278 of the Sentencing Code include a sentence under that section passed as a result of section 224A of that Act. (1C) Nothing in subsection (1B) has the effect that section 240ZA or 265 of this Act or section 225 of the Sentencing Code (provision equivalent to which is made by the Armed Forces Act 2006) or section 240A applies to a service court. (2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained. (3) In this Chapter, references to a sentence of detention under section 96 of the PCC(S)A 2000, under section 226A, 227 or 236A of this Act or under section 262, 265 , 266 or 268A of the Sentencing Code are references to a sentence of detention in a young offender institution.

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237A Public protection decisions

(1) This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter. (2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined. (3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B. (5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— (a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed; (b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted; (c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); (d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined; (e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; (f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; (g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)). (6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. (7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. (8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made. (9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. (10) Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made. (11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is— (a) if the decision is made under section 256AZBC(1), the High Court; (b) in any other case, the Board. (12) Subsection (2) has effect in relation to a decision made by the Board— (a) under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”; (b) under section 255C(4A) (prisoners excluded from automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted “remain in prison”. (13) The Secretary of State may by order amend Schedule 18B so as to— (a) specify a further offence, or (b) omit an offence for the time being specified.

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237B Relevant provisions of this Chapter and corresponding purposes

In the following table— (a) the first column lists each provision of this Chapter which is a “relevant provision” under which a public protection decision may be made; (b) the second column lists, in relation to each relevant provision, the purposes for which the decision is made. Relevant provision | Purposes section 244ZC(4) | section 244ZC(3) section 244ZC(5)(b) | section 244ZC(3) section 244A(4)(b) | section 244A(3) section 246A(6)(b) | section 246A(5) section 247A(5)(b) | section 247A(4) section 255B(4A) | section 255B(4A) section 255C(4A) | section 255C(4A) section 256A(4) | section 256A(4) section 256AZBC(1) | section 256AZBC(1) paragraph 6(2) of Schedule 20B | paragraph 6(1) of Schedule 20B paragraph 15(4) of Schedule 20B | paragraph 15(3) of Schedule 20B paragraph 25(3) of Schedule 20B | paragraph 25(2) of Schedule 20B paragraph 28(3) of Schedule 20B | paragraph 28(2) of Schedule 20B

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238 Power of court to recommend licence conditions for certain prisoners

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239 The Parole Board

(1) The Parole Board is to continue to be, by that name, a body corporate and as such is— (a) to be constituted in accordance with this Chapter, and (b) to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter. (2) It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners. (3) The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider— (a) any documents given to it by the Secretary of State, and (b) any other oral or written information obtained by it; and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member. (4) The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it. (5) Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times. (5A) Rules under subsection (5) may, in particular, make provision— (a) requiring or permitting the Board to make provisional decisions; (b) about the circumstances— (i) in which the Board must or may reconsider such decisions; (ii) in which such decisions become final; (c) conferring power on the Board to set aside a decision or direction that is within subsection (5B), and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act. (5B) The following are within this subsection— (a) a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or (b) a direction given by the Board for the release of a prisoner which the Board determines it would not have given if— (i) information that was not available to the Board when the direction was given had been so available, or (ii) a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given. (5C) Provision made by virtue of subsection (5A)(c)— (a) may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but (b) may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside. (5D) Rules under subsection (5) may also make provision for functions of the Board (including judicial functions) to be exercised by employees of the Board, other than any function so far as its exercise involves— (a) making a public protection decision in relation to a prisoner within the meaning of section 237A(2) of this Act or section 28ZA(2) of the 1997 Act; (b) giving a direction for the release of a prisoner on licence under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; (c) making a decision or giving a direction under subsection (4) or (4F) of section 31A of the 1997 Act (imprisonment or detention for public protection: termination of licences); (d) reconsidering a decision or setting aside a decision or direction under provision made by virtue of subsection (5A). (6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to— (a) the need to protect the public from serious harm from offenders, and (b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation. (7) Schedule 19 shall have effect with respect to the Board.

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