Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 30 is up to date with all changes known to be in force on or before 22 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 30:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 2Sentencing
Release and recall of prisoners
30Further review and release of prisoners after recall
(1)
Section 256 of the Criminal Justice Act 2003 (c. 44)
(further release after recall) is amended as follows.
(2)
“(b)
determine the reference by making no recommendation as to his release.”
(3)
In subsection (2) omit “or (b)”.
(4)
Subsections (3) and (5) cease to have effect.
(5)
In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “
.
Review by the Board
”
(6)
“256AFurther review
(1)
The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person’s case to the Board.
(2)
The Secretary of State may, at any time before that anniversary, refer the person’s case to the Board.
(3)
The Board may at any time recommend to the Secretary of State that a person’s case be referred under subsection (2).
(4)
On a reference under subsection (1) or (2), the Board must determine the reference by—
(a)
recommending the person’s immediate release on licence under this Chapter,
(b)
fixing a date for his release on licence, or
(c)
making no recommendation as to his release.
(5)
The Secretary of State—
(a)
where the Board makes a recommendation under subsection (4)(a) for the person’s immediate release on licence, must give effect to the recommendation; and
(b)
where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.”