Part 4: Prisoners Public protection decisions Section 60: Amendment of power to change test for release on licence of certain prisoners
Section 60 amends section 128 of LASPO which allows for all parole release test provisions in Chapter 6 of Part 12 of the 2003 Act to be altered by secondary legislation. Section 60(2) adds the new statutory release test provisions into section 128(3) so they may be amended by affirmative order. Section 60(3) makes provision to clarify that the existing consequential power in section 128 can be used to amend and modify the application of the release test to be applied by the High Court in taking release decisions following referrals.