Part 4: Prisoners Public protection decisions Section 59: Public protection decisions: fixed-term prisoners
Section 59 provides for the same changes as Section 55 for fixed term (determinate) sentenced offenders released pursuant to Chapter 6 of Part 12 of the 2003 Act by inserting new sections 237A and 237B into the 2003 Act and making consequential changes. The operation of this section is the same as Section 58, adjusted to the different provisions.
	New section 237A will apply to all, either in whole or in part, to all public protection decisions taken under the 2003 Act (with the exception of the test as to whether or not a prisoner is suitable for automatic release, under section 255A(4)), as set out in subsection (10) and new section 237B:
244ZC(4) - where the Secretary of State has referred a standard determinate sentenced offender determined to be dangerous to the Parole Board;
244ZC(5)(b) - 244ZC offenders, subject to subsequent parole reviews;
244A(4)(b) - in relation to offenders serving Sentences for Offenders of Particular Concern;
246A(6)(b) - in relation to offenders serving Extended Determinate Sentences;
247A(5)(b) - in relation to terrorist prisoners serving determinate sentences;
255B(4A) - For Parole Board decisions on re-release of offenders who have been recalled to prison following release on licence:
255C(4A) - for Parole Board decisions on re-release of offenders who have been recalled to prison and are unsuitable for automatic release;
256A(4) - further annual reviews of offenders who are refused re-release after recall;
256AZBC(1) - High Court release decision for determinate offenders referred by the Secretary of State;
Para 6(2) of Schedule 20B – discretionary conditional release prisoners sentenced under the Criminal Justice Act 1991;
Para 15(4) of Schedule 20B – old extended sentences imposed under section 226 or 227;
Para 25(3) of Schedule 20B – prisoners serving sentences imposed under the Criminal Justice Act 1967;
Para 28(3) of Schedule 20B - prisoners with an extended sentence certificate serving a sentence imposed under the Criminal Justice Act 1967.
	Subsection (12) adds a gloss to subsection (2) so that the new public protection test applies to Parole Board decisions in sections 255B(4A), 255C(4A) or 256A(4) of the 2003 Act, which govern the re-release of recalled fixed-term offenders and subsequent annual reviews.
	Section 59(3) and (4) ensure that the new meaning and application applying to public protection decisions is referenced and applies in sections 246B and 246C of the 2003 Act, which govern the release of extended determinate sentenced offenders who have committed manslaughter or indecent image offences and have not provided information about their victims.
	Section 59(5) and (6) apply the new public protection threshold in cases where the Secretary of State is deciding whether or not to discretionarily release different categories of recalled determinate offenders (known as executive re-release). The new public protection test applies, but not the list of mandatory considerations, as these are specific executive decisions where different considerations may apply.
	Section 59(7) amends section 256AZB, which is the power to change the test for re-release following recall by secondary legislation. It makes provision to clarify that the existing consequential power can be used to amend and modify the release test to be applied by the High Court in making release decisions following referrals.
	Section 59(10) to (12) provide for the new public protection application and meaning to apply to the transitional cases where prisoners have committed manslaughter or indecent image offences, but have not provided information about their victims, in Schedule 20B of the 2003 Act.