PRISONS, ENGLAND AND WALES Citation, extent and application 1 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. Commencement 2 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. Further release after recall: suitability for automatic release 3 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 the Secretary of State— 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. James Timpson Minister of State 8th July 2025 Ministry of Justice