Criminal Justice Act 2003

[F1267CFixed-term prisoners also serving life sentenceE+W
This section has no associated Explanatory Notes

(1)This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.

(2)Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.

(3)Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—

(a)refer the prisoner’s case to the Board, or

(b)release the prisoner.

(4)The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.

(5)The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require.

(6)In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.]