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Recall to prison: licence conditions, fixed-term recall and the Parole Board

Updated 2026-11-05 · Checked against sources 2026-11-05 · England & Wales

Anyone released from a fixed-term sentence stays on licence until the sentence ends and can be recalled by the Secretary of State (Criminal Justice Act 2003 s.254). Since 31 March 2026 most people recalled are re-released automatically after 56 days (s.255BA); excluded cases are referred to the Parole Board.

Licence and who can recall

After release from a fixed-term sentence you stay on licence until the sentence ends (see Release from prison: how much of a sentence is served). The standard conditions, re-written from 1 October 2026, include: behave well, commit no crime, keep in touch with and meet your supervising officer, stay at an approved address, and do not leave the UK without permission. Extra conditions can add a curfew, a tag or exclusion zones.

Automatic release after 56 days

Standard recall and the Parole Board

In other cases you stay in custody unless the Secretary of State or the Parole Board decides you can be released (s.255C). The case must go to the Parole Board when you make representations, or after 28 days if you make none (s.255C(4)). The Board should hold an oral hearing where important facts are disputed or fairness requires one (Osborn v Parole Board [2013] UKSC 61).

A new offence on licence

The court sentences the new offence, and offending on licence is an aggravating factor. Recall is the Secretary of State's decision, not the court's. Days held on recall do not count as remand time towards the new sentence (s.240ZA(4)).

IPP licences

Since 1 November 2024 the Parole Board, on a referral after the qualifying period, must end an IPP licence unless it is satisfied the licence is needed to protect the public (Crime (Sentences) Act 1997 s.31A). From 1 June 2026 the qualifying period is 2 years from release. If the licence continues, it ends automatically once it has stayed in force for a further 2 continuous years (s.31A(4H)).

In practice

Representations should deal with risk, not only the breach. Early advice matters because the 28-day and 56-day points are fixed by statute.

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Authorities: Criminal Justice Act 2003 ss.240ZA, 250, 254, 255A, 255B, 255BA, 255C (as amended by Sentencing Act 2026 ss.30-33 and Sch.4, in force 31 March 2026 by SI 2026/86, with phased dates to 12 May 2026 for people already recalled); Criminal Justice (Sentencing) (Licence Conditions) Order 2015 (SI 2015/337) art.3(2) as substituted by SI 2026/911 from 1 October 2026; Crime (Sentences) Act 1997 s.31A (as amended by Victims and Prisoners Act 2024 s.66, in force 1 November 2024 by SI 2024/966, and Sentencing Act 2026 s.42, in force 1 June 2026 by SI 2026/402); Osborn v Parole Board [2013] UKSC 61; Sentencing Council guidelines, aggravating factor: offence committed on licence or while subject to post sentence supervision

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