Section 256AZA Release after recall where further sentence being servedF1

(1)

This section applies where a person (“the offender”) is serving two or more terms of imprisonment.

(2)

Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others.

(3)

Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

(a)

to refer the offender’s case to the Board, or

(b)

to release the offender,

in respect of each of the others.

(4)

If the offender is released on licence under section 255B, F2255BA, 255C or 256A, the offender is to be on licence—

(a)

until the last date on which the offender is required to be on licence in respect of any of the terms, and

(b)

subject to such conditions as are required by this Chapter in respect of any of the sentences.

(5)

This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment—

(a)

section 91 or 96 of the PCC(S)A 2000;

(b)

section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code;

(c)

section 226A, 226B, 227, 228 or 236A of this Act.

Annotations

Textual amendments

F1: S. 256AZA inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(6), 208(1); S.I. 2022/520, reg. 5(o)
F2: Word in s. 256AZA(4) inserted (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. 33(9), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4

Notes on Part 12

Modifications

C1: Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C2: Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Notes on Chapter 6

Textual amendments

F1: Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
F2: Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications

C1: Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
C2: Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
C3: Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C4: Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C5: Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
C6: Pt. 12 Ch. 6 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(3) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

Notes on Further release after recall

Textual amendments

F1: Ss. 255A-255C and cross-heading substituted for ss. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)