128 Power to change test for release on licence of certain prisoners
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (2012 c 10) | Legislation

128  Power to change test for release on licence of certain prisoners

(1)     The Secretary of State may by order provide that, following a referral by the Secretary of State of the case of a discretionary release prisoner, the Parole Board—

(a)     must direct the prisoner's release if it is satisfied that conditions specified in the order are met, or

(b)     must do so unless it is satisfied that conditions specified in the order are met.

(2)     “Discretionary release prisoner” means—

(a)     an IPP prisoner,

(b)     an extended sentence prisoner,

[(bza)     a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release),]

[(ba)     a section 236A prisoner,] or

[(bb)     a terrorist prisoner,]

(c)     a person[, other than a terrorist prisoner,] to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies.

(3)     An order under this section may—

(a)     amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP prisoners and others),

[(aza)     amend section 28ZA of the Crime

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