Article 29 Further release after recall for certain fixed-term prisoners

(1)

This Article applies where—

(a)

a fixed-term prisoner, other than a prisoner serving an extended custodial sentence, (“P”) is released on licence under Article 17 or 20; and

(b)

on a reference under Article 28(4) the Parole Commissioners do not direct P’s immediate release on licence under this Chapter.

(2)

Subject to paragraphs (3) and (4), the Parole Commissioners shall either—

(a)

recommend a date for P’s release on licence; or

(b)

fix a date as the date for the next review of P’s case by them.

(3)

Any date recommended under paragraph (2)(a) or fixed under paragraph (2) (b) must not be later than the second anniversary of the date on which the decision is taken.

(4)

The Parole Commissioners need not make a recommendation under paragraph (2)(a) or fix a date under paragraph (2)(b) if P will fall to be released unconditionally at any time within the next 24 months.

(5)

Where the Parole Commissioners have recommended a date for P’s release under paragraph (2)(a), the Secretary of State shall release P on licence on that date unless the Secretary of State has, before that date, referred P’s case to the Parole Commissioners.

(6)

On a review required by paragraph (2)(b) or a reference under paragraph (5), the Parole Commissioners shall—

(a)

direct P’s immediate release on licence;

(b)

make a recommendation under paragraph (2)(a); or

(c)

fix a date under paragraph (2)(b).

(7)

The Parole Commissioners shall not give a direction under paragraph (6)(a) with respect to P unless they are satisfied that it is no longer necessary for the protection of the public that P should be confined

(8)

The Secretary of State shall give effect to any direction under paragraph (6)(a).