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The Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022

S.I. 2022/716 · Made 28 June 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law, England And Wales

Made 28th June 2022

The Secretary of State, in exercise of the powers conferred by section 95(1) of the Criminal Justice and Courts Act 2015f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2015 c. 2.

Contents

  1. 1Citation and extent
  2. 2Commencement of provisions
  3. Signature
  4. Explanatory note

1Citation and extent

(1)

This Order may be cited as the Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022.

(2)

This Order extends to England and Wales only.

2Commencement of provisions

Section 11(2), (3) and (5) of the Criminal Justice and Courts Act 2015 (initial release and release after recall: life sentences) comes into force on the day after the day on which this Order is made.

Signature

Dominic Raab

Secretary of State

Ministry of Justice

28th June 2022

Explanatory note

(This note is not part of the Order)

This Order is the eighth commencement order made under the Criminal Justice and Courts Act 2015 (c. 2).

Article 2 brings into force section 11(2), (3) and (5) of that Act. Subsections (2) and (5) amend section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) to set out the current test applied by the Parole Board for release after recall of indeterminate prisoners, whether recalled before or after the provision comes into force. Subsection (3) amends section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (power to change test for release on licence of certain prisoners) to provide that the Secretary of State may by order amend that test for indeterminate sentence prisoners serving a sentence for public protection (IPP’s). This would be in line with the remit of that section.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.