[F1256AFurther reviewE+W
[F2(1)This section applies to a person if—
(a)there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and
(b)the person has not been released.
(1A)The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).
(1B)Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.]
(2)The Secretary of State may, at any time before [F3the review date], refer the person's case to the Board.
(3)The Board may at any time recommend to the Secretary of State that [F4the person’s] case be referred under subsection (2).
[F5(4)The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.
(5)Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.]]
Textual Amendments
F1S. 256A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(6), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (subject to Sch. 2 para. 3)
F2S. 256A(1)-(1B) substituted for s. 256A(1) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(a), 208(1); S.I. 2022/520, reg. 5(o)
F3Words in s. 256A(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(b), 208(1); S.I. 2022/520, reg. 5(o)
F4Words in s. 256A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(c), 208(1); S.I. 2022/520, reg. 5(o)
F5S. 256A(4)(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 136(5)(d), 208(1); S.I. 2022/520, reg. 5(o)
Modifications etc. (not altering text)