Section 255BA Automatic release: other offendersF1

(1)

A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and

(b)

at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)).

(2)

The “section 255BA automatic release period”, in relation to P, means—

(a)

if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody;

(b)

if P is recalled under section 254 while on licence under section 246, whichever of the following ends later—

(i)

the period of 56 days beginning with the day on which P returns to custody;

(ii)

the requisite custodial period which P would have served under section 243A or 244 but for the earlier release.

(3)

The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(4)

The Secretary of State must not release P under subsection (3) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the section 255BA automatic release period.

(F24A)

The Secretary of State must not be satisfied as mentioned in subsection (4) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).

(5)

Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period.

(6)

The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied.

(7)

The first condition is that the Secretary of State believes on reasonable grounds that P would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)

murder;

(b)

an offence listed in Schedule 18 to the Sentencing Code.

(8)

The second condition is that, after P is recalled, the Secretary of State receives information—

(a)

that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)),

(b)

that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(c)

that results in a determination that, if released at the end of the section 255BA automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(d)

that P has been charged with an offence.

(9)

Where this subsection applies—

(a)

if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and

(b)

P is to be dealt with in accordance with section 255C (and accordingly not released under this section).

(10)

The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs.

(11)

For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

Annotations

Textual amendments

F1: S. 255BA inserted (22.1.2026 for enabling the exercise of power to make regulations, 31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 32(2), 49(3)(c) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iii), 4
F2: S. 255BA(4A) inserted (31.3.2026) by Sentencing Act 2026 (c. 2), ss. 32(4), 49(1) (with s. 33(14)); S.I. 2026/86, reg. 3(a)