[255C Extended sentence prisoners and those not suitable for automatic release]
[255C Extended sentence prisoners and those not suitable for automatic release]

[(1)     This section applies to a prisoner (“P”) who—

(a)     is an extended sentence prisoner, or

(b)     is not considered to be suitable for automatic release.

(2)     The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter [(but see subsections (3) and (3A))].

(3)     The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.

[(3A)     The Secretary of State must not release P under subsection (2) if—

(a)     it appears to the Secretary of State that, if released, P is highly likely to breach a condition included in P's licence, and

(b)     for that reason, the Secretary of State considers that it is not appropriate to release P under that subsection.]

(4)     The Secretary of State must refer P's case to the Board [a recall adjudicator]—