Part 7: Sentencing and release Chapter 1: Custodial sentences Section 139: Release at direction of Parole Board: timing
Section 139 amends Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 ("the 1997 Act") (which deals with the release of life and indeterminate sentenced prisoners) and Chapter 6 of Part 12 of the CJA 2003 (release and recall of fixed-term prisoners) to make provision for the timing of a prisoner’s release following a direction by the Parole Board.
	Subsection (1)(a) removes the reference to ‘immediate’ in section 32(5) of the 1997 Act, which otherwise provides on a reference to the Board by the Secretary of State of a recalled life prisoner, the Secretary of State must give effect to any direction for immediate release of that prisoner by the Board.
	Subsection (1)(b) inserts a new section 32ZB into the 1997 Act. The new section provides that where the Parole Board directs the initial release of a life prisoner under section 28 of the 1997 Act, or their release after recall under section 32 of the 1997 Act, the Secretary of State must give effect to the direction as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence of the life prisoner. The duty to give effect to the direction is also noted as being subject to any provision to suspend that requirement in rules concerning the setting aside of Parole Board directions.
	Subsection (2)(a) removes the reference to ‘immediate’ in section 255B(5) and 255C(5) of the CJA 2003, which otherwise provide, similar to the above, that on a reference to the Board by the Secretary of State of a recalled fixed-term prisoner, the Secretary of State must give effect to any direction for immediate release of that prisoner by the Board.
	Subsection (2)(b) inserts a new section 256AZC into the CJA 2003. Similar to the above, the new section provides that where the Parole Board direct the release of any fixed-term prisoner under Chapter 6 of Part 12 of the CJA 2003 (that is, on initial release where relevant or release after recall), the Secretary of State must give effect to the direction as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence of the prisoner. As for life prisoners, the duty to give effect to the direction is also noted as being subject to any provision to suspend that requirement in rules concerning the setting aside of Parole Board directions.