Policy background Custodial Sentences Release at direction of Parole Board after recall: fixed-term prisoners
Section 136 makes a number of minor changes and fixes to the provisions in the CJA 2003 dealing with recall and re-release of fixed-term prisoners. These measures will ensure that the Parole Board applies the same ‘public protection’ release test as they apply in all other parole cases when considering the re-release of recalled fixed-term prisoners. In practice, the Parole Board already applies this test in these cases so this change will simply fill a gap in the legislation where there is currently no provision for the test the Board should apply.
	Section 136 also removes the current provision which allows the Parole Board to direct release of a fixed-term prisoner on a specified future date (in section 256 of the CJA 2003). This is undesirable because it creates an expectation of release on that date, which may not be possible if other conditions of release also need to be fulfilled. In those circumstances, applications are required to the Parole Board to change the timing of its release direction. This provision is therefore being removed and replaced with a new provision as to timing (see below).
	Section 136 also amends the existing provision so that, in a case where a recalled determinate prisoner has less than 13 months remaining on their sentence (at which point they must then be released automatically), there is no requirement on the Secretary of State to make the further annual referral to the Parole Board. This is on the basis that the prisoner will be due for release in any event at the end of their sentence by the time that further review would take place, so such a referral serves no useful purpose.
	Current legislation also unnecessarily requires a recall case to be referred to the Parole Board to consider re-release even where another sentence is being served from which release is not yet possible. Provision is made (new section 256AZA of the CJA 2003) to remove that requirement and thereby avoid unnecessary referrals to the Parole Board.