Legislation – Sentencing Act 2026

Sentencing Act 2026, Section 31 is up to date with all changes known to be in force on or before 04 March 2026. 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.

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s. 31 coming into force by S.I. 2026/86 reg. 3(b)(ii) 4

Part 2Management of offenders after sentencing

Recall and further release

31Further release after recall: relevant young offenders suitable for automatic release

(1)

Section 255B of the Criminal Justice Act 2003 is amended as follows.

(2)

In the heading, after “release” insert “: relevant young offenders”.

(3)

For subsection (1) substitute—

“(1)

A relevant young offender who is suitable for automatic release at the end of the section 255B automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (8) and (9)), and

(b)

at the end of the section 255B automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(1A)

In the case of a relevant young offender recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means—

(a)

where the offender is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the offender returns to custody;

(b)

where the offender is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

(1B)

In the case of a relevant young offender recalled under section 254 while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later—

(a)

the period described in subsection (1A)(a) or (b) (as appropriate);

(b)

the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier release.”

(4)

In subsection (9), in the words before paragraph (a) and in paragraph (b), for “automatic release” substitute “release at the end of the section 255B automatic release period”.

(5)

For subsection (10) substitute—

“(10)

Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(5)).”

(6)

At the end insert—

“(11)

For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(12)

In this section, “relevant young offender” has the same meaning as in section 255A.”