Policy background Custodial Sentences Release at direction of Parole Board: timing
Section 139 amends existing legislation regarding the timing of a prisoner’s release following a direction by the Parole Board. In all cases, when the Parole Board directs release, the Secretary of State must give effect to the direction ‘as soon as it is reasonably practicable’ to do so. In recall cases, the Parole Board will no longer be able to direct ‘immediate’ release. The reason for these changes is that in practice, decisions described as requiring ‘immediate release’ are unhelpful and unnecessary. They may create an expectation that release will take place immediately after the Board decision is made, which may not be possible due to the need to make necessary arrangements for the licence conditions the Board stipulates the prisoner must be subject to on release (for example, a requirement to reside in an approved premises).