Policy background Custodial Sentences Power to change test for release of fixed-term prisoners following recall
The new measures (contained in section 137) provide that when considering the release of recalled fixed-term prisoners, the Parole Board is required to apply the same test as for any other parole case; that is, that the Parole Board must be satisfied that the prisoner’s detention is no longer necessary for the protection of the public.
	For other parole cases (excluding life sentences), the Secretary of State has the power to amend the release test by Order. Having added the same ‘public protection’ release test to the legislation for recalled fixed-term prisoners, it is necessary for consistency to also replicate the power to amend that test in line with other parole cases in which that test is applied.
	In addition, section 137 also makes similar provisions for a power to amend the test in the CJA 2003 that the Secretary of State applies when deciding whether a ‘fixed term recall’ may be appropriate (under section 255A) and when deciding whether to re-release a recalled prisoner under sections 255B or 255C.