114 Further release after recall
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (2012 c 10) | Legislation

114  Further release after recall

(1)     For sections 255A to 255D of the Criminal Justice Act 2003 (further release after recall) substitute—

“Further release after recall

255A Further release after recall: introductory

(1)     This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.

(2)     The Secretary of State must, on recalling a person other than an extended sentence prisoner, consider whether the person is suitable for automatic release.

(3)     For this purpose “automatic release” means release at the end of the period of 28 days beginning with the date on which the person returns to custody.

(4)     A person is suitable for automatic release only if 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 that period.

(5)     The person must be dealt with—

(a)     in accordance with section 255B if suitable for automatic release;

(b)     in accordance with section 255C otherwise.

(6)     For the purposes of this section, a person returns to custody when that person, having been recalled, is detained

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