Criminal Justice Act 1967

Release of prisoners on licence and supervision of prisoners after release E+W+S

[F1 59 Constitution and functions of Parole Board and local review committees. E+W+S

(1) For the purpose of exercising the functions conferred on it by this Part of this Act as respects England and Wales there shall be a body to be known as the Parole Board and for the purpose of exercising those functions as respects Scotland there shall be a body to be known as the Parole Board for Scotland, each body consisting of a chairman and not less than four other members appointed by the Secretary of State.

(2) Any reference in the following provisions of this Part of this Act (including Schedule 2 thereto) to the Parole Board shall be construed as a reference to the Parole Board or the Parole Board for Scotland, as the case may require.

(3) It shall be the duty of the Board to advise the Secretary of State with respect to—

(a) the release on licence under section 60(1) or 61, and the recall under section 62, of this Act of persons whose cases have been referred to the Board by the Secretary of State;

(b) the conditions of such licences and the variation or cancellation of such conditions; and

(c) any other matter so referred which is connected with the release on licence or recall of persons to whom the said section 60 or 61 applies.

(4) The following provisions shall have effect with respect to the proceedings of the Board on any case referred to it, that is to say—

(a) the Board shall deal with the case on consideration of any documents given to it by the Secretary of State and of any reports it has called for and any information whether oral or in writing that it has obtained; and

(b) if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may request one of its members to interview him and shall take into account the report of that interview by that member;

and, without prejudice to the foregoing, the Secretary of State may by rules make provision with respect to the proceedings of the Board on cases referred to it, including provision authorising such cases to be dealt with by a prescribed number of members of the Board.

(5) The documents to be given by the Secretary of State to the Board under the last foregoing subsection shall include—

(a) where the case referred to the Board is one of release under section 60 or 61 of this Act, any written representations made by the person to whom the case relates in connection with or since his last interview in accordance with rules under the next following subsection;

(b) where the case so referred relates to a person recalled under section 62 of this Act, any written representations made under that section.

(6) The Secretary of State may by rules make provision—

(a) for the establishment and constitution of local review committees having the duty of reviewing at such times or in such circumstances as may be prescribed by or determined under the rules the cases of persons who are or will become eligible for release under section 60 or 61 of this Act and reporting to the Secretary of State on their suitability for release on licence; and

(b) for the interview of such persons by a member of any such committee (not being a prison officer);

and rules under this subsection may make different provision for different cases.

(7) The supplementary provisions contained in Schedule 2 to this Act shall have effect with respect to the Parole Board and local review committees.]

Textual Amendments

F1 Ss. 59, 60 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

[F2 60 Release on licence of persons serving determinate sentences. E+W+S

(1) The Secretary of State may, if recommended to do so by the Parole Board, release on licence a person serving a sentence of imprisonment, other than imprisonment for life [F3 or serving a sentence of youth custody], after he has served not less than one-third of his sentence or [F4 the specified period] whichever expires the later.

[F5 (1A) In subsection (1) of this section “the specified period” means twelve months or such period, not more than twelve months, as the Secretary of State may by order provide.

(1B) An order under subsection (1A) of this section may make such incidental or supplementary provision (including provision amending enactments) as the Secretary of State considers appropriate.]

[F6 (1C) Where a sentence of imprisonment for an offence has been passed on a person with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended)—

(a) if the offender has not been released from prison since the sentence for the offence was passed, the only portion of that sentence that is to be taken into account for the purposes of subsection (1) of this section is any portion of it that he is required to serve in prison under subsection (1) or (3) of the said section 47; and

(b) if he is released from prison but part of his sentence for the offence is subsequently restored under subsection (3) of that section, he shall be treated for the purpose of subsection (1) of this section as if his only sentence for the offence were the part of his sentence so restored.]

(2) A person whose sentence falls to be reduced under section 67 of this Act shall, for the purpose of determining under the foregoing subsection whether he has served one-third of his sentence, be treated as if any period spent in custody. . . F7 and taken into account under that section were included in his sentence and as if he had served that period as part of that sentence.

(3) Without prejudice to his earlier release under subsection (1) of this section the Secretary of State may direct that—

(a) a person serving a sentence of imprisonment in respect of whom an extended sentence certificate was issued when the sentence was passed;. . . F8

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

shall, instead of being granted remission of any part of his sentence under the prison rules, be released on licence at any time on or after the day on which he could have been discharged from prison if the remission had been granted.

. . . F9

(4) A person subject to a licence under this section shall comply with such conditions, if any, as may for the time being be specified in the licence.

(5) The Secretary of State shall consult the Board before including on release, or subsequently inserting, a condition in a licence under this section or varying or cancelling any such condition; and for the purposes of this subsection the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

[F10 (5A) A licence granted to any person under this section in England and Wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence;

(b),(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(d) in a case not within [F12 paragraph (a) above], the remission date.

In this subsection “the remission date”, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.]

(6) A licence granted to any person under this section [F13 in Scotland] shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted. . . F14 to a person who was under the age of twenty-one when sentence was passed on him, the date of the expiration of the sentence;

(b) in any other case, the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.

(7) Section 20 of and Schedule 3 to the M1 Criminal Justice Act 1961 (supervision of discharged prisoners) shall cease to have effect.

(8) In the application of this section to Scotland—

(a) the expression “prison rules” means rules under section 35 of the M2 Prisons (Scotland) Act 1952;

(b) the expression “imprisonment” includes detention in a young offenders institution as defined in section 31(1)(d) of the Prisons (Scotland) Act 1952;

(c) subsection (3)(a) shall be omitted;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 ]

Textual Amendments

F2 Ss. 59, 60 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F3 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(a)

F4 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(a)(i)

F5 S. 60(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(a)(ii)

F6 S. 60(1C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(b)

F7 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

F8 Word “or” and paragraph (b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F9 Proviso added by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977, repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F10 S. 60(5A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977

F11 S. 60(5A)(b) and (c) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F12 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(c)

F13 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977

F14 Words repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 except in relation to a licence granted before 1.12.1977

F15 S. 60(8)(d) repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 except in relation to a licence granted before 1.12.1977

Modifications etc. (not altering text)

C1 S. 60 modified (E.W.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 32(5)

C2 S. 60 modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 2(1)

C3 S. 60(1) amended by Criminal Justice Act 1972 (c. 71), ss. 35(1), 66(7)(a)

Marginal Citations

M1 1961 c. 39.

M2 1952 c. 61.

[F16 61 Release on licence of persons sentenced to imprisonment for life, etc. E+W+S

(1) The Secretary of State may, if recommended to do so by the Parole Board, release on licence a person serving a sentence of imprisonment for life [F17 or custody for life] or a person detained under section 53 of the M3 Children and Young Persons Act 1933 (young offenders convicted of grave crimes), but shall not do so in the case of a person sentenced to imprisonment for life [F17 or custody for life] or to detention during Her Majesty’s pleasure or for life except after consultation with the Lord Chief Justice of England together with the trial judge if available.

(2) Subsections (4) and (5) of the last foregoing section shall apply in relation to a licence under this section as they apply in relation to a licence under that section.

(3) A licence granted under this section to any person sentenced under section 53(2) of the Children and Young Persons Act 1933 to be detained otherwise than for life shall, unless previously revoked under the next following section, remain in force until a date specified in the licence, being the date of the expiration of the sentence.

(4) In the application of this section to Scotland—

(a) for the references to section 53 and 53(2) of the Children and Young Persons Act 1933 there shall be substituted respectively references to [F18 section 206 and 206(2) of the M4 Criminal Procedure (Scotland) Act 1975];

(b) in subsection (1), for the words “Lord Chief Justice of England” there shall be substituted the words “Lord Justice General”.]

Textual Amendments

F16 S. 61 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F17 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 19

F18 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 40

Modifications etc. (not altering text)

C4 S. 61(1) modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 3

Marginal Citations

M3 1933 c. 12.

M4 1975 c. 21.

[F19 62 Revocation of licences and conviction of prisoners on licence. E+W+S

(1) Where the Parole Board recommends the recall of any person who is subject to a licence under section 60 or 61 of this Act, the Secretary of State may revoke that person’s licence and recall him to prison.

(2) The Secretary of State may revoke the licence of any such person and recall him as aforesaid without consulting the Board, where it appears to him that it is expedient in the public interest to recall that person before such consultation is practicable.

(3) A person recalled to prison under the foregoing provisions of this section may make representations in writing with respect to his recall and shall on his return to prison be informed of the reasons for his recall and of his right to make such representations.

(4) The Secretary of State shall refer to the Board the case of a person recalled under subsection (1) of this section who makes representations under the last foregoing subsection and shall in any event so refer the case of a person returned to prison after being recalled under subsection (2) of this section.

(5) Where the Board recommends the immediate release on licence of a person whose case is referred to it under this section, the Secretary of State shall give effect to the recommendation, and where it is necessary for that purpose to release that person under subsection (1) of the last foregoing section, the Secretary of State shall do so without the consultation required by that subsection.

(6) If a person subject to a licence under section 60 or 61 of this Act is convicted by a magistrates’ court of an offence punishable on indictment with imprisonment, the court may commit him in custody or on bail to [F20 Crown Court] for sentence in accordance with [F21 section 42 of the M5 Powers of Criminal Courts Act 1973] (power of [F20 Crown Court] to sentence persons convicted by magistrates’ courts of indictable offences).

(7) If a person subject to any such licence is convicted on indictment of such an offence as aforesaid or is committed to [F20 Crown Court] for sentence as aforesaid or under [F22 section 38 of the Magistrates’ Courts Act 1980] (committal of persons convicted of indictable offences for sentence), [F23 then, except in a case to which subsection (7A) of this section applies,] the court by which he is convicted or to which he is committed, as the case may be, may, whether or not it passes any other sentence on him, revoke the licence.

[F24 (7A) Any such licence shall be treated as revoked where—

(a) the offender—

(i) was sentenced to imprisonment with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended); and

(ii) was released on licence before the expiration of any part of his sentence which he was required to serve in prison under subsection (1) of that section; and

(b) by virtue of subsection (3) of that section a court restores any part of the sentence held in suspense,

and subsection (9) of this section shall apply to the offender accordingly.]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(9) On the revocation of the licence of any person under this section [F26 or section 213(1) or 422(1) of the M6 Criminal Procedure (Scotland) Act 1975], he shall be liable to be detained in pursuance of his sentence, and, if at large, shall be deemed to be unlawfully at large.

(10) If in the case of a person subject to a licence under section 60 of this Act a [F20 Crown Court] or the High Court of Justiciary or a sheriff revokes that licence under this section [F26 or section 213(1) or 422(1) of the M7 Criminal Procedure (Scotland) Act 1975], the Secretary of State shall not thereafter release him under subsection (1) of that section before the expiration of [F27 the specified period] from the date of revocation or before the expiration of one-third of the period during which the licence would have remained in force, whichever is the later; but the foregoing provision shall not affect any power to release him otherwise than under that subsection.

[F28 (10A) In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.]

(11) This section shall have effect, in its application to a person sentenced [F29 to youth custody or] to be detained under section 53 of the M8 Children and Young Persons Act 1933 [F30 young offenders convicted of grave crimes) or section [F31 205(2)] of the M9 said Act of 1975 (Punishment of person under 18)], as if for any reference to a prison there were substituted a reference to any place in which [F32 that person was detained immediately before he was released on licence].]

Textual Amendments

F19 S. 62 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F20 Words substituuted by Courts Act 1971 (c. 23),Sch. 8 para.48

F21 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), s. 56(1), Sch. 5 para. 21

F22 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 68

F23 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(a)

F24 S. 62(7A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(b)

F25 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F26 Words inserted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 41

F27 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 18(a)

F28 S. 62(10A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 18(b)

F29 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(c)(i)

F30 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 41

F31 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 19(a)

F32 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(c)

Marginal Citations

M5 1973 c. 62.

M6 1975 c. 21.

M7 1975 c. 21.

M8 1933 c. 12.

M9 1975 c. 21.

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W

Textual Amendments

F33 S. 63 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

[F34 64 Supplemental. E+W+S

(1) For the purposes of the foregoing provisions of this Part of this Act or any notice thereunder the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.

(2) The following powers, that is to say—

(a) the power conferred on the Secretary of State by section 60 [F35 or 61 of this Act to insert or include conditions in the licence of any person released under those sections.] of this Act to insert or include conditions in the licence of any person released under that section after being transferred to either part of Great Britain from another part of the United Kingdom, the Channel Islands or the Isle of Man;

(b) the power conferred on the Secretary of State by section 62 of this Act to revoke the licence of any such person and recall him to prison;

[F36 (c) the power conferred on a court by the said section 62 to revoke any such licence;]

shall be exercisable notwithstanding anything in section 26(6) of the M10 Criminal Justice Act 1961 (exclusion of supervision of persons so transferred).]

Textual Amendments

F34 S. 64 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F35 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 21

F36 S. 64(2)(c) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Marginal Citations

M10 1961 c. 39.