Section 256AZB Power to change test for release following recallF1
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 F2release at the end of the section 255B automatic release period;
the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) F3, 255BA(3) or 255C(2);
the test to be applied by the Secretary of State in determining under subsection (5) of section 255BA that a person should not be released at the end of the section 255BA automatic release period;
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).
Annotations
Textual amendments
- F1
S. 256AZB inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 137(2), 208(1); S.I. 2022/520, reg. 5(o)
- F2
Words in s. 256AZB(1)(a) substituted (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(10)(a), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4
- F3
Word in s. 256AZB(1)(b) 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(10)(b), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4
- F4
S. 256AZB(1)(ba) 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(10)(c), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4
- F5
S. 256AZB(3) inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 59(7), 81(2); S.I. 2025/95, reg. 3(b)
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)