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Section 255ZA: Offence of remaining unlawfully at large after recall

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

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

A person recalled to prison under section 254 or 255 commits an offence if the person—

has been notified of the recall orally or in writing, and
while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

written notice of the recall has been delivered to an appropriate address, and
a period specified in the notice has elapsed.

In subsection (2) "an appropriate address" means—

an address at which, under the person's licence, the person is permitted to reside or stay, or
an address nominated, in accordance with the person's licence, for the purposes of this section.

A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
the person has failed to comply with such an instruction, and
the person has not complied with such an instruction for at least 6 months.

A person who is guilty of an offence under this section is liable—

on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both).

In relation to an offence committed before 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates' court is to be read as a reference to 6 months.

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

About this text

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.