Section 256AZB: Power to change test for release following recall

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

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

The Secretary of State may by order change—

the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;
the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);
the test to be applied by the Board in deciding whether to give a direction for a person's release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).

An order under subsection (1) may in particular—

apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);
amend this Chapter.

Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, section 256AZBC(1) (powers of High Court on referral of release decisions).

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