AC-2025-LON-001576 - [2025] EWHC 2592 (Admin)

Legal Background – Statutory Provisions

The power to recall an offender who has been released on licence is provided by section 254 of the Criminal Justice Act 2003 (“the Act”). The Claimant, as a person serving a sentence of imprisonment for a determinate term, is a fixed-term prisoner within the meaning of section 237(1). Under section 244(1), upon the claimant having served the requisite custodial period, "It is the duty of the Secretary of State to release him on licence under this section." Section 249(1) provides that upon release on licence: "the licence shall, subject to any revocation under section 254 or 255 , remain in force for the remainder of his sentence."

Section 250 deals with licence conditions, providing for a number of standard terms which must be included, and enabling the Secretary of State to add further ones, if so advised.  Standard conditions of licence are set out in Article 3 of the Criminal Justice (Sentencing) (Licence Conditions) Order 2015, which reads in part:

The conditions in paragraph (2) are the standard conditions that must be included in an offender's licence in accordance with section 250(4)(a) of the Act, whether or not any standard conditions in articles 4 to 6 are also included.

An offender must–

be of good behaviour and not behave in a way which undermines the purpose of the licence period;

not commit any offence;

keep in touch with the supervising officer in accordance with instructions given by the supervising officer."

The power to recall a prisoner on licence is dealt with in section 254, “Recall of prisoners while on licence”, which provides:

The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

A person recalled to prison under subsection (1)—

may make representations in writing with respect to his recall, and

on his return to prison, must be informed of the reasons for his recall and of his right to make representations.

(2A) The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B) The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C) Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.

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On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.”

Thus this section establishes not only the power of recall, but provides for a right to reasons and to make representations, and gives the Secretary of State a discretion to cancel a revocation after considering representations, subject to the conditions in s254(2B).

Section 255C(4) establishes a duty on the Secretary of State to refer the case of a recalled prisoner to the Parole Board for review by the Board.

Under s.59 of the Extradition Act 2003, the extradition of a prisoner has the effect of pausing the time remaining on his sentence until he returns to the UK:

“59 Return of person to serve remainder of sentence

In a case where the person is entitled to be released from detention on licence pursuant to the sentence—

if the person was released on licence at the time of extradition, the licence is suspended until the person's return;”