Criminal Justice Act 2003, section 254

Recall of prisoners while on licence

Part 12 Sentencing

(1)The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(2)A person recalled to prison under subsection (1)—

(a)may make representations in writing with respect to his recall, and

(b)on his return to prison, must be informed of the reasons for his recall and of his right to make representations.

[F437 (2A)The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B)The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C)Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.F437]

F438(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F438(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F438(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

[F439 (6A)The Secretary of State may by order amend this Chapter so as to make provision for and about circumstances or cases in which the Secretary of State may, or may not, revoke a person’s licence and recall the person to prison under subsection (1).

(6B)An order under subsection (6A) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.F439]

(7)Nothing in [F440this sectionF440] applies in relation to a person recalled under section 255.

Definitions used in section 254 3

prisoner

(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

Defined in s.237(2) · see it in the full Act

“prison” and “prisoner” are to be read in accordance with section 237(2);

Defined in s.268(1) · see it in the full Act
licence

“licence” means a licence under Chapter 6;

Defined in s.305(1) · see it in the full Act
prison

(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

Defined in s.237(2) · see it in the full Act

“prison” and “prisoner” are to be read in accordance with section 237(2);

Defined in s.268(1) · see it in the full Act

Cases considering section 254 58

R (Stellato) v Secretary of State for the Home Department

[2007] UKHL 5 · 14 March 2007

The provision empowers the Secretary of State to revoke a licence and recall a prisoner released under the new chapter. Paragraph 23 extended it to prisoners released under the 1991 Act, but did not extend their licence duration (see paras [21]; [23]-[25]; [39]-[46]).

Jason Kessie-AdjeiI v Secretary of State for Justice

[2023] EWCA Civ 720 · 23 June 2023

The court identified section 254 as the statutory source of the Secretary of State’s power to revoke a licence and recall a prisoner. (see paras [12]-[13]) The court applied section 254(1) to confirm that the Secretary of State was entitled to revoke the licence after the appellant breached its requirements and recall him to prison. (see paras [17]; [39]) Cited only. The court applied section 254(6) to identify the consequence of revocation: the prisoner remained liable to detention in pursuance of the sentence and, if at large, was treated as unlawfully at large. (see paras [13]; [17])

Calder, R (on the application of) v Secretary of State for Justice

[2015] EWCA Civ 1050 · 15 October 2015Interprets

The statutory recall power is lawful only where the Secretary of State has reasonable grounds for finding a breach of licence and separately concludes that recall is necessary (see paras [19]–[29]). The subsection confers the power to revoke the licence of a prisoner released under the relevant Chapter and recall that person to prison. The court applied that power subject to the requirements of reasonable grounds and necessity (see paras [19]–[29]). The subsection provides for written representations and requires a recalled prisoner to be informed of the reasons for recall and the right to make representations (see para [19]). The provisions permit the Secretary of State to reconsider a recall decision following representations, a practice relevant to the small number of judicial review proceedings (see para [48]). Revocation makes the recalled person liable to detention under the sentence and treats that person as unlawfully at large while outside custody (see para [19]).

38 more judgments, and what each says about section 254, are in the case-law panel in the full Act.

Explanatory note

585.Subsection (1) enables the Secretary of State to revoke the licence of an offender and recall him to prison. Under subsection (2) a person recalled has to be informed of the reasons for his recall and can make written representations about it. Subsection (3) provides for the Parole Board to consider all recalls. Under subsection (4), if the Board decides that the person should be released, the Secretary of State must release him. Subsection (5) provides that if the Parole Board immediately re-releases an intermittent custody prisoner who has been recalled he is to continue his sentence on an intermittent basis. Subsection (6) provides that if a person on licence is recalled he can be detained and if at large he will be treated as unlawfully at large. Subsection (7) provides that this section does not apply to offenders recalled from Home Detention Curfew, who are dealt with in Section 255.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F437S. 254(2A)-(2C) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 113(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  2. F438S. 254(3)-(5) repealed (14.7.2008 for certain purposes, otherwise 31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 15, 50(2)(c) (subject to Sch. 2 para. 3); S.I. 2009/2606, art. 3(c)
  3. F439S. 254(6A)(6B) inserted (22.1.2026 for enabling the exercise of power to make regulations) by Sentencing Act 2026 (c. 2), ss. 29(2), 49(3)(c)
  4. F440Words in s. 254(7) substituted (14.7.2008 for certain purposes, otherwise 31.10.2009 ) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (subject to Sch. 2 para. 3); S.I. 2009/2606 {art. 3(c)}

Commencement

  1. I111S. 254 wholly in force at 4.4.2005; s. 254 not in force at Royal Assent, see s. 336(3); s. 254 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 254 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))