The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025
This Order modifies the Criminal Justice Act 2003, changing the conditions for automatic release of recalled prisoners in England and Wales.
It introduces stricter criteria, including a new schedule of offenses that disqualify prisoners from automatic release after 28 days (or 14 days for sentences less than 12 months).
The revised criteria consider factors such as age, sentence length, offense type, terrorist-related activity, and multi-agency public protection arrangements (MAPPA) levels.
The amendments aim to improve public safety by retaining those deemed a higher risk in custody for extended periods.
Arguments For
Improved Public Safety: The stricter criteria for automatic release after recall enhance public safety by ensuring that individuals convicted of serious offenses, including those related to terrorism and national security, remain incarcerated for a longer period, reducing recidivism risks.
Alignment with Terrorism Legislation: This Order aligns the automatic release provisions with existing terrorism-related legislation. This consistency strengthens the government's ability to manage the risk posed by convicted terrorists.
Enhanced Risk Assessment: The changes provide a clearer and more comprehensive framework for assessing the risk posed by recalled prisoners, incorporating factors beyond the length of sentence, such as MAPPA level and the nature of the offense.
Parliamentary Approval: The Order was laid before Parliament and approved by a resolution of each House, providing added democratic accountability and legitimacy.
Targeted Approach: This legislation doesn't affect all prisoners but specifically focuses on those who have demonstrated a continued threat to the public, ensuring that recidivism concerns are prioritized.
Based on Existing Legislation: This Order uses existing laws and sections of the Criminal Justice Act for amendments, offering a clear legal framework through the referenced sections and Acts within the document.
Arguments Against
Increased Prison Population and Costs: The stricter criteria may lead to a rise in the prison population and, consequently, increased costs for the government in maintaining prison infrastructure and personnel.
Potential for Unintended Consequences: The complexity of the amendments and the specific criteria involved may create unintended consequences or difficulties in implementation and application.
Lengthening Imprisonment Without Due Process: Critics may argue that the amendments excessively lengthen imprisonment without sufficient due process or consideration of individual circumstances, potentially leading to unjust detention.
Resource Strain: The amendments might strain resources in probation and other agencies, impacting supervision of those released under Section 255C.
Lack of Flexibility: The Order's rigid criteria may not account for individual circumstances and rehabilitation progress, potentially leading to unfair outcomes for some prisoners.
Limited Empirical Evidence: There's a lack of robust empirical evidence demonstrating the effectiveness of the amended criteria in reducing recidivism, raising concerns regarding policy effectiveness.
- Citation, extent and application (1) This Order may be cited as the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025. (2) This Order extends to England and Wales. (3) This Order applies to a person who— (a) has been recalled under section 254(1) of the Criminal Justice Act 2003 before 2nd September 2025, (b) immediately before 2nd September 2025 is being, or is liable to be, detained in pursuance of the sentence as the result of having been so recalled, and (c) is not being dealt with in accordance with section 255B of that Act following consideration of the person’s case by the Secretary of State under section 255A(2) of that Act, as well as applying to a person recalled on or after that date.
This section establishes the title of the Order, its geographical scope, and the individuals to whom it applies.
The Order applies across England and Wales.
It covers not only those recalled on or after September 2nd, 2025, but also individuals recalled before this date who meet specific conditions stated within the Order concerning their detention and ongoing cases and legal processes.
- Commencement (1) Subject to paragraph (2), this Order comes into force on 2nd September 2025. (2) In relation to persons who— (a) have been recalled under section 254(1) of the Criminal Justice Act 2003 before 2nd September 2025, (b) immediately before 2nd September 2025 are being detained in pursuance of the sentence as the result of having been so recalled, and (c) are not being dealt with in accordance with section 255B of that Act following consideration of the person’s case by the Secretary of State under section 255A(2) of that Act, the amendments made by this Order have effect on and after the relevant day. (3) In paragraph (2), “the relevant day” means— (a) subject to sub-paragraph (b)— (i) 2nd September 2025, where the person’s sentence expiry date is on or before 30th November 2025; (ii) 9th September 2025, where the person’s sentence expiry date is after 30th November 2025 but on or before 28th February 2026; (iii) 16th September 2025, where the person’s sentence expiry date is after 28th February 2026 but on or before 30th April 2026; (iv) 23rd September 2025, where the person’s sentence expiry date is after 30th April 2026 but on or before 31st July 2026; (v) 28th October 2025, where the person’s sentence expiry date is after 31st July 2026 but on or before 30th November 2026; (vi) 25th November 2025, where the person’s sentence expiry date is on or after 1st December 2026; (b) where the person is being detained in pursuance of the sentence as a result of the Parole Board having decided, following a reference under section 255C(4) of the Criminal Justice Act 2003, that the person is unsuitable for release, the later of— (i) the day after the last day of the period of 56 days beginning with the day after the day on which the decision was made, and (ii) the day determined in accordance with sub-paragraph (a). (4) In paragraph (3) “sentence expiry date”, in relation to a person, means— (a) the date on which the sentence or term of imprisonment they are serving expires, or (b) in the case of a person serving more than one sentence or term of imprisonment, the latest date on which any sentence or term of imprisonment they are serving expires.
This section details the commencement date of the Order and clarifies any exceptions.
For most, the Order takes effect on September 2nd, 2025.
However, for individuals recalled before this date and meeting specific conditions, the changes take effect on a 'relevant day', which is defined based on their sentence expiry date or any parole board decisions.
Detailed timelines are provided to determine the precise 'relevant day' for each affected individual.
- Further release after recall: suitability for automatic release (1) The Criminal Justice Act 2003 is amended as follows. (2) Section 255A (further release after recall: introductory) is amended as set out in paragraphs (3) to (5). (3) In subsection (4), for paragraph (a) (but not the “or” following it) substitute— (a) the person meets the conditions in subsection (4ZA), (4) After subsection (4) insert— (4ZA) The conditions referred to in subsection (4)(a) are— (a) that the person is aged 18 or over; (b) that the person is serving a sentence of less than four years; (c) that the person is not serving a sentence in respect of an offence listed in Schedule 19AA (offences where offender not suitable for automatic release); (d) that the person is not serving a fixed-term sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners); (e) that the person does not fall within paragraph (aa) or (c) of section 325(2) (relevant terrorist offenders, etc); (f) that the person has not been recalled on account of being charged with an offence; (g) that the person 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). (5) Omit subsection (4A). (6) In section 255B(10) (automatic release), for the words from “the Secretary of State” to the end substitute— (a) receives information that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)), (b) receives information that, after being recalled, P has been charged with an offence, or (c) receives information that results in a determination that, if released at the end of the automatic release period, P would be 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). (7) After Schedule 19A, insert Schedule 19AA, which is set out in the Schedule to this Order.
This section details the core amendments to the Criminal Justice Act 2003.
It revises the criteria for automatic release after recall, replacing the previous test with a new, stricter set of conditions.
These conditions focus on age, sentence length, offense severity (introducing a new Schedule 19AA), links to terrorism, and MAPPA risk assessment levels.
Subsections are amended or removed to reflect these changes, refining the process for determining suitability for automatic release and introducing the possibility of further review post-release based on newly found evidence.
Schedule Article 3 Schedule 19AA Offences where offender not suitable for automatic release Section 255A(4ZA)
- An offence under the Official Secrets Act 1911
- An offence under the Official Secrets Act 1920
- An offence under the Official Secrets Act 1989
- An offence under section 13 of the Terrorism Act 2000 (uniform and publication of images).
- An offence under section 21D of that Act (tipping off: regulated sector).
- An offence under section 36(2) of that Act (failure to comply with an order, etc of constable in connection with terrorist investigation).
- An offence under section 51(2) of that Act (failure to move a vehicle when required to do so).
- An offence under section 116(3) of that Act (failure to stop a vehicle when required to do so).
- An offence under section 120B of that Act (offences in relation to counter-terrorism financial investigators).
- An offence under paragraph 3(7) of Schedule 5 to that Act (wilfully obstructing a search of a cordoned area).
- An offence under paragraph 14 of Schedule 5 to that Act (making a false or misleading statement in connection with terrorist investigation).
- An offence under paragraph 15(4) of Schedule 5 to that Act (wilfully obstructing an urgent search).
- An offence under paragraph 16(3) of Schedule 5 to that Act (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland).
- An offence under paragraph 32(3) of Schedule 5 to that Act (failure to comply with an urgent explanation notice: Scotland).
- An offence under paragraph 11 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland).
- An offence under paragraph 21 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland).
- An offence under paragraph 1(3) of Schedule 6 to that Act (failure to comply with requirement to provide financial information).
- An offence under paragraph 18 of Schedule 7 to that Act (port and border controls: failure to comply with duty, etc).
- An offence under paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of foreign travel restriction order).
- An offence under paragraph 30, 30A or 31 of Schedule 7 to that Act (offences relating to terrorist financing and money laundering).
- An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015 (failure to hand over travel documents or hindering a search).
- An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (failure to comply with a duty relating to border security or obstructing a search).
- An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing Act 2020 (including as applied by section 238(7) of the Armed Forces Act 2006).
- An offence under the National Security Act 2023.
- An offence to which section 16 of that Act applies.
- An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 20 of that Act (aggravating factor where foreign power condition met: Northern Ireland).
- An offence proved to have been aggravated by reason of the foreign power condition being met in relation to the conduct that constituted the offence under section 21 of that Act (aggravating factor where foreign power condition met: Scotland).
- (1) An attempt to commit an offence specified in a preceding paragraph of this Schedule (“a listed offence”). (2) Conspiracy to commit a listed offence. (3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. (4) Incitement to commit a listed offence. (5) Aiding, abetting, counselling or procuring the commission of a listed offence.
- A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes— (a) a reference to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is offence A, (b) a reference to an offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning given by that section) is offence A, and (c) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A, and section 48 of the Armed Forces Act 2006 (attempts etc. outside England and Wales) applies for the purposes of paragraph (c) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.
This schedule lists specific offenses that prevent automatic release under the amended Act.
It includes offenses under various Official Secrets Acts, the Terrorism Act 2000, and other relevant legislation related to national security, terrorism, and obstructing investigations.
The list also covers attempts, conspiracies, and related offenses linked to these crimes thereby encompassing a broad range of offenses in which the individuals pose a high risk toward public safety.