Criminal Justice Act 2003, section 255B

Automatic release : relevant young offenders

Part 12 Sentencing

[F463 (1) A relevant young offender who is suitable for automatic release at the end of the section 255B automatic release period (“P”) must—

(a)on return to prison, be informed that they will be released under this section (subject to subsections (8) and (9)), and

(b)at the end of the section 255B automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(1A) In the case of a relevant young offender recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means—

(a)where the offender is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the offender returns to custody;

(b)where the offender is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

(1B) In the case of a relevant young offender recalled under section 254 while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later—

(a)the period described in subsection (1A)(a) or (b) (as appropriate);

(b)the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier release.F463]

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

(4)If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.

[F464 (4A)The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).F464]

(5)Where on a reference under subsection (4) the Board directs P's F465... release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).

(9)If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for [F466 release at the end of the section 255B automatic release periodF466] —

(a)the Secretary of State must inform P that he or she will not be released under this section, and

(b)section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for [F467 release at the end of the section 255B automatic release periodF467] .

[F468 (10)Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(5)).F468]

[F469 (11)For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(12) In this section, “relevant young offender” has the same meaning as in section 255A. F469,F447]]

Definitions used in section 255B 4

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
licence

“licence” means a licence under Chapter 6;

Defined in s.305(1) · see it in the full Act
the requisite custodial period

(1A) In this Chapter, “the requisite custodial period” means (except where it has the meaning given by section 247A(8)) —

(a)in relation to a person serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , the requisite custodial period for the purposes of section 246A;

(b)in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c)in relation to a person serving a sentence imposed under section 236A or under section 252A, 265 or 278 of the Sentencing Code , the requisite custodial period for the purposes of section 244A;

(ca)in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;

(d)in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A , 244 or 244ZA (as appropriate).

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

“the Board” means the Parole Board;

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

Cases considering section 255B 10

King, R (On the Application Of) v The Secretary of State for the Home Department

[2016] EWCA Civ 51 · 9 February 2016Limits

The section forms a complete scheme for the further release of recalled prisoners suitable for automatic release. The Board’s direction operates through the Secretary of State’s conditional power of release. (see paras [20]; [22]-[24]; [44]-[47]) The subsection contains the Secretary of State’s only power to release a recalled prisoner under section 255B before automatic release. A Board direction under subsection (5) requires exercise of that power. (see paras [44]-[47]) The public protection condition limiting the Secretary of State’s release power also governs the Board when it considers directing release. The condition does not permit risks of offending to be balanced against the benefits of release. (see paras [23]-[27]; [31]-[41]) The Board’s power to direct immediate release is not a freestanding source of authority permitting release outside the condition in subsection (3). It operates through the Secretary of State’s power under subsection (2). (see paras [20]; [23]-[24]; [44]-[47])

Costello v R.

[2010] EWCA Crim 371 · 2 March 2010

The court explained that prisoners suitable for automatic release would ordinarily be re-released after 28 days, subject to the statutory conditions. This made recall an uncertain basis for adjusting the new sentence (see paras [15]-[17]). The court applied the qualification that release may be withheld where continued custody is necessary for public protection. It held that the application of that qualification in an individual case was uncertain (see paras [15]-[17]).

Galiazia, R (On the Application Of) v Governer of HMP Hewell & Anor

[2014] EWHC 3427 (Admin) · 23 October 2014

The provision was used to identify fixed-term or automatic recall, under which detention ordinarily lasts 28 days unless earlier release occurs. Its interaction with section 240 ZA(6) formed part of the Article 5 analysis. (See paras [2], [8]-[9], [32]-[44].)

What each judgment says about section 255B is in the case-law panel in the full Act.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F447Ss. 255A-255C and cross-heading substituted for ss. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  2. F462Words in s. 255B heading inserted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 31(2), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(ii), 4 text inserted for certain specified purposes only, see the commentary.
  3. F463S. 255B(1)-(1B) substituted for s. 255B(1) (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 31(3), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(ii), 4 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  4. F464S. 255B(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(2), 208(1); S.I. 2022/520, reg. 5(o)
  5. F465Word in s. 255B(5) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 139(2)(a), 208(1); S.I. 2022/520, reg. 5(o)
  6. F466Words in s. 255B(9) substituted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 31(4), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(ii), 4 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  7. F467Words in s. 255B(9)(b) substituted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 31(4), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(ii), 4 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  8. F468S. 255B(10) substituted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 31(5), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(ii), 4 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  9. F469S. 255B(11)(12) inserted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 31(6), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(ii), 4 text inserted for certain specified purposes only, see the commentary.

Modifications

  1. C39S. 255B(6) modified (10.9.2024 for specified purposes, 22.10.2024 in so far as not already in force) by The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), arts. 1(2), 4