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Criminal Justice Act 2003

Criminal Justice Act 2003 s 256AZBC

s 256AZBC Powers of the High Court

(1) On a referral of a prisoner’s case under section 256AZBA, the High Court— (a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Board’s direction to release the prisoner on licence; (b) otherwise, must make an order quashing the direction. (2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release. (3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Board on the date on which the order was made. (4) If the decision referred to the High Court is a decision under section 255B(4A) (automatic release), subsection (1)(a) has effect as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)” .

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