Recall to prison: licence conditions, fixed-term recall and the Parole Board
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.
- Only the Secretary of State can revoke a licence and recall you (Criminal Justice Act 2003 s.254). In practice this follows a breach, an arrest or a new charge.
- On return you must be told the reasons and of your right to make written representations. The Secretary of State can cancel a recall only if satisfied you complied with every licence condition (s.254(2A)-(2C)).
Automatic release after 56 days
- From 31 March 2026, a person recalled from a fixed-term sentence is normally re-released automatically 56 days after returning to custody (s.255BA, inserted by Sentencing Act 2026 s.32).
- Excluded (s.255A(8)) include extended sentences, offenders of particular concern, terrorism and national security cases, MAPPA level 2 or 3 cases, and anyone recalled because they were charged with an offence.
- The Secretary of State can also decide against release at 56 days on grounds of serious risk, or new information such as a charge (s.255BA(5)-(8)).
- People serving only sentences imposed as children under Sentencing Act 2020 s.250 keep the older periods of 14 days (sentences under 12 months) or 28 days (s.255B).
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.
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