# The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025, Article 3: Further release after recall: suitability for automatic release


(1) The Criminal Justice Act 2003 is amended as follows.
(2) Section 255A (further release after recall: introductory) is amended as set out in paragraphs (3) to (5).
(3) In subsection (4), for paragraph (a) (but not the “or” following it) substitute—
“(a) the person meets the conditions in subsection (4ZA),”.
(4) After subsection (4) insert—
“(4ZA) The conditions referred to in subsection (4)(a) are—
(a) that the person is aged 18 or over;
(b) that the person is serving a sentence of less than four years;
(c) that the person is not serving a sentence in respect of an offence listed in Schedule 19AA (offences where offender not suitable for automatic release);
(d) that the person is not serving a fixed-term sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners);
(e) that the person does not fall within paragraph (aa) or (c) of section 325(2) (relevant terrorist offenders, etc);
(f) that the person has not been recalled on account of being charged with an offence;
(g) that the person is not being 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).”.
(5) Omit subsection (4A).
(6) In section 255B(10) (automatic release), for the words from “the Secretary of State” to the end substitute “the Secretary of State—
“(a) receives information 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) receives information that, after being recalled, P has been charged with an offence, or
(c) receives information that results in a determination that, if released at the end of the 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).”.
(7) After Schedule 19A, insert Schedule 19AA, which is set out in the Schedule to this Order.

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Source: https://www.legislation.gov.uk/ukdsi/2025/9780348272628/article/3 (the official version)
Page: https://openlegislation.uk/draft-criminal-justice-act-2003-suitability-for-fixed-term-recall-order-2025/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.