Section 10: Recall adjudicators

Criminal Justice and Courts Act 2015 · 2015 c. 2View on legislation.gov.uk

This provision is omitted
It is retained for historical reference and may not reflect the law currently in force.

Part 1: Criminal Justice

OMITTED FROM CURRENT TEXT on 2022-06-28 by Police, Crime, Sentencing and Courts Act 2022.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners), after section 256A insert—

Power to change test for release following recall (256AZA) (1) The Secretary of State may by order change— (a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release; (b) the tests to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2); (c) the tests to be applied by the recall adjudicator in deciding how to determine a reference under section 255B(4), 255C(4) or 256A(1) or (2). (2) An order under subsection (1) may, in particular— (a) apply to people recalled before the day on which it comes into force as well as to people recalled on or after that day; (b) amend this Chapter.

In section 330(5)(a) of that Act (orders subject to affirmative procedure) at the appropriate place insert—

section 256AZA,

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