Legislation – Sentencing Act 2026

“255AFurther release after recall: introductory

(1)

This section applies for the purpose of identifying which of sections 255B, 255BA and 255C governs the further release of a person who has been recalled under section 254.

(2)

In this section—

(a)

subsections (3) to (6) apply to a person who is serving only one or more sentences imposed under section 250 of the Sentencing Code or section 91 of the PCC(S)A 2000 (a “relevant young offender”);

(b)

subsections (7) and (8) apply to other persons.

(3)

The Secretary of State must, on recalling a relevant young offender other than an offender whose case was referred to the Board under section 244ZB, consider whether the offender is suitable for release at the end of the section 255B automatic release period (see section 255B(1A) and (1B) for the meaning of this period).

(4)

A relevant young offender is suitable for release at the end of the section 255B automatic release period only if—

(a)

the offender—

(i)

is aged 18 or over,

(ii)

is serving a sentence of less than 12 months,

(iii)

has not been recalled on account of being charged with a serious offence, and

(iv)

is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(b)

where paragraph (a) does not apply, the Secretary of State is satisfied that the offender will not present a risk of serious harm to members of the public if released at the end of the section 255B automatic release period.

(5)

For the purposes of subsection (4)(a)(iii), “serious offence” means—

(a)

murder, or

(b)

an offence listed in Schedule 18 to the Sentencing Code.

(6)

A relevant young offender must be dealt with—

(a)

in accordance with section 255B if suitable for release at the end of the section 255B automatic release period;

(b)

in accordance with section 255C otherwise,

but that is subject, where applicable, to section 243A(2) (unconditional release).

(7)

A person who is not a relevant young offender must be dealt with—

(a)

in accordance with section 255BA if—

(i)

the person is eligible for release at the end of the section 255BA automatic release period (see section 255BA(2) for the meaning of this period), and

(ii)

the Secretary of State has not made a determination under subsection (5) of that section in relation to the person;

(b)

in accordance with section 255C otherwise,

but that is subject, where applicable, to section 243A(2) (unconditional release).

(8)

A person who is not a relevant young offender is eligible for release at the end of the section 255BA automatic release period except where the person—

(a)

is an extended sentence prisoner,

(b)

is serving a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code (prisoners serving sentences for offenders of particular concern),

(c)

is serving a sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners),

(d)

is serving a sentence for an offence listed in Schedule 19ZB (offences involving or connected with terrorism or a threat to national security),

(e)

is serving a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security),

(f)

is a relevant terrorist offender for the purposes of section 325(2)(aa) (see section 327),

(g)

falls, immediately before being recalled, within section 325(2)(c) (persons considered to be persons who may be at risk of involvement in terrorism-related activity),

(h)

is, immediately before being recalled, a person who is considered by the Secretary of State to be a person who may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(i)

is being managed, immediately before being recalled, at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders),

(j)

is a person whose case was referred to the Board under section 244ZB (referral of high-risk offenders),

(k)

has been recalled on account of being charged with an offence, or

(l)

is a person to whom Part 2 or 3 of Schedule 20B applies (transitional cases).

(9)

For the purposes of subsection (8)(a), an “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

(a)

section 226A, 226B, 227 or 228 of this Act,

(b)

section 254, 266 or 279 of the Sentencing Code, or

(c)

section 85 of the PCC(S)A 2000,

and paragraph (c) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.

(10)

The Secretary of State may by order—

(a)

amend subsection (8) so as to—

(i)

add a description of person;

(ii)

alter or remove a description of person for the time being mentioned in the subsection;

(b)

further amend this Act for the purpose of making provision which is consequential on provision made under paragraph (a).

(11)

An order under subsection (10) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”

• “section 255A(10),”.