OpenLegislation

Article 2 Commencement

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), this Order comes into force on 2nd September 2025.

(2)

In relation to persons who—

(a)

have been recalled under section 254(1) of the Criminal Justice Act 2003 before 2nd September 2025,

(b)

immediately before 2nd September 2025 are being detained in pursuance of the sentence as the result of having been so recalled, and

(c)

are not being dealt with in accordance with section 255B of that Act following consideration of the person’s case by the Secretary of State under section 255A(2) of that Act,

the amendments made by this Order have effect on and after the relevant day.

(3)

In paragraph (2), “the relevant day” means—

(a)

subject to sub-paragraph (b)—

(i)

2nd September 2025, where the person’s sentence expiry date is on or before 30th November 2025;

(ii)

9th September 2025, where the person’s sentence expiry date is after 30th November 2025 but on or before 28th February 2026;

(iii)

16th September 2025, where the person’s sentence expiry date is after 28th February 2026 but on or before 30th April 2026;

(iv)

23rd September 2025, where the person’s sentence expiry date is after 30th April 2026 but on or before 31st July 2026;

(v)

28th October 2025, where the person’s sentence expiry date is after 31st July 2026 but on or before 30th November 2026;

(vi)

25th November 2025, where the person’s sentence expiry date is on or after 1st December 2026;

(b)

where the person is being detained in pursuance of the sentence as a result of the Parole Board having decided, following a reference under section 255C(4) of the Criminal Justice Act 2003, that the person is unsuitable for release, the later of—

(i)

the day after the last day of the period of 56 days beginning with the day after the day on which the decision was made, and

(ii)

the day determined in accordance with sub-paragraph (a).

(4)

In paragraph (3) “sentence expiry date”, in relation to a person, means—

(a)

the date on which the sentence or term of imprisonment they are serving expires, or

(b)

in the case of a person serving more than one sentence or term of imprisonment, the latest date on which any sentence or term of imprisonment they are serving expires.