Criminal Justice Act 2003, section 256A

Further review

Part 12 Sentencing

[F480 (1)This section applies to a person if—

(a)there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and

(b)the person has not been released.

(1A) The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).

(1B)Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.F480]

(2)The Secretary of State may, at any time before [F481 the review dateF481] , refer the person's case to the Board.

(3)The Board may at any time recommend to the Secretary of State that [F482 the person’sF482] case be referred under subsection (2).

[F483 (4)The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.

(5)Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.F483,F479]]

Definitions used in section 256A 3

the Board

“the Board” means the Parole Board;

Defined in s.268(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
licence

“licence” means a licence under Chapter 6;

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

Cases considering section 256A 8

Alan Matthew Daulby, R (on the application of) v The Parole Board for England and Wales

[2024] EWHC 3200 (Admin) · 11 December 2024Interprets

Interprets the further-review framework as requiring the Board to direct release only where satisfied that continued imprisonment is unnecessary for public protection. The statutory test was a legitimate factor in assessing whether fairness required an oral hearing. (see paras [24], [36])

AUDI JOHNSON (R on the application of) v PAROLE BOARD FOR ENGLAND AND WALES & Anor

[2022] EWHC 1026 (Admin) · 4 May 2022Interprets

The court uses the provision governing a further reference to confirm that immediate release, fixing a date and making no direction are all modes of determining a reference. (see paras [30])

King, R (on the application of) v The Parole Board

[2014] EWHC 564 (Admin) · 4 March 2014

Applies the further-review provision to the Board’s power to direct immediate release, fix a release date or make no direction. The same public-protection test governs the exercise of that power (see paras [48], [57]).

What each judgment says about section 256A is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F479S. 256A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(6), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (subject to Sch. 2 para. 3)
  2. F480S. 256A(1)-(1B) substituted for s. 256A(1) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(a), 208(1); S.I. 2022/520, reg. 5(o)
  3. F481Words in s. 256A(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(b), 208(1); S.I. 2022/520, reg. 5(o)
  4. F482Words in s. 256A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(c), 208(1); S.I. 2022/520, reg. 5(o)
  5. F483S. 256A(4)(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(d), 208(1); S.I. 2022/520, reg. 5(o)