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Section 255: Recall of prisoners released early under section 246

Criminal Justice Act 2003 · 2003 c. 44View on legislation.gov.uk

Part 12: Sentencing — Chapter 6: Release, licences, supervision and recall

If it appears to the Secretary of State, as regards a person released on licence under section 246—

that he has failed to comply with the curfew condition included in the licence, or
that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,

the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.

A person whose licence under section 246 is revoked under this section—

may make representations in writing with respect to the revocation, and
on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.

The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

Where the revocation of a person's licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.

On the revocation of a person's licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.