Sentences of imprisonment are generally served part in prison and part in the community. Some types of sentence (for offenders who are more serious or dangerous) will be subject to discretionary release by the Parole Board (‘parole eligible sentences’). Apart from standard determinate sentenced offenders who have not committed a terrorism offence (who are entitled to automatic release by the Secretary of State), all other types of sentence are parole-eligible at prescribed points. Determinate sentenced parole-eligible prisoners in England and Wales must be referred to the Parole Board, and subsequently released in accordance with the provisions contained in Chapter 6 of Part 12 of the 2003 Act which includes the legacy release provisions of the Criminal Justice Act 1991 which are restated in Schedule 20B of the 2003 Act. All indeterminate sentences are parole-eligible, and indeterminate sentenced prisoners who have reached the end of their minimum term are dealt with in accordance with Part 2 of the 1997 Act.
	All offenders recalled to prison following an increase in their risk to public safety will go before the Parole Board for a decision on re-release or, where not released, confirming continued detention. Determinate sentence prisoners can also be re-released by the Secretary of State through a process called Risk Assessed Recall Review.. Recalled determinate prisoners are dealt with via sections 254 to 256AZB of the 2003 Act; recalled indeterminate prisoners are dealt with under section 32 of the 1997 Act.
Legal background Parole eligibility