UK Offence Report

The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (revoked)

UK Statutory Instrument 2025 No. 833 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
8 July 2025
In force from
Not determined
Extent
Not stated
Subject
Courts, police, prisons and the administration of justice
Made under
Criminal Justice Act 2003, No. 833 PRISONS, ENGLAND AND WALES The Criminal Justice Act 2003

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order primarily amends section 255A of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”). It also amends section 255B, and inserts Schedule 19AA into the 2003 Act. Sections 255A to 255D of the 2003 Act provide for the release of prisoners after recall. Under section 255B recalled prisoners are automatically re-released after 28 days imprisonment (14 days if the sentence is less than 12 months). Recalled prisoners not suitable for automatic release are released under section 255C and are liable to imprisonment until the end of their sentence unless re-released earlier by the Secretary of State or the Parole Board. Section 255A identifies which process will apply to a prisoner and section 255A(4) and (4A) sets out the test for suitability for automatic release. Articles 3(2) to 3(5) of this Order amend the test to be applied by the Secretary of State in determining whether a person is suitable for automatic release following recall. The previous test provided that those aged 18 or over and serving a sentence of less than 12 months must be automatically released, unless they are being managed under multi-agency public protection arrangements (MAPPA) level 2 or 3 or have been charged with a serious offence at point of recall, defined as murder or any offence listed in Schedule 18 to the Sentencing Act 2020. Article 3(3) replaces the criteria in section 255A(4)(a) with a reference to meeting the conditions in new section 255A(4ZA). Article 3(4) inserts section 255A(4ZA), which provides that a person will be suitable for automatic release where they are 18 or over, serving a sentence of less than four years, not serving a sentence for an offence listed in new Schedule 19AA, not a relevant terrorist offender under section 325 of the 2003 Act, not serving a sentence for an offence in section 247A(2) of the 2003 Act, not recalled in connection with a further offence, and not managed at MAPPA level 2 or 3. Article 3(5) is a consequential amendment to the insertion of section 255A(4ZA). Article 3(6) of this Order amends section 255B(10), which applies after an offender has been informed they will be released at the end of the automatic release period. The section is amended to provide that, where the offender has been charged with a further offence, or where the Secretary of State determines that the offender would be a relevant terrorist offender within section 325(2) (relevant terrorist offenders, etc) or be managed at MAPPA level 2 or 3 if released at the end of the automatic release period, the Secretary of State may direct that the person will not be released on that date, and instead will be released under section 255C. Article 3(7) of this Order inserts Schedule 19AA into the 2003 Act, which contains the list of offences which are not suitable for automatic release. A full Impact Assessment has been prepared for this instrument and will be published on the legislation.gov.uk website.

Offences created by this instrument

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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