Criminal Justice Act 1991

[F1 37 Duration and conditions of licences. E+W

(1) Subject to subsection (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to any suspension under section 38(2) below or, as the case may be, any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.

(2) Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person subject to a licence shall comply with such conditions (which shall include on his release conditions as to his supervision by a probation officer) as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.]

F1 (5) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term or life prisoner, or vary or cancel any such condition, except—

(a) in the case of the inclusion of a condition in the licence of a discretionary life prisoner, in accordance with recommendations of the Board; and

(b) in any other case, after consultation with the Board.

(6) For the purposes of subsection (5) above, 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.

(7) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 37 repealed (1.10.1997 in respect of s. 37(3), and s. 37(4)(5) so far as relating to life prisoners, otherwiseprosp.) by 1997 c. 43, ss. 56(2), 57(2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(d) (subject to transitional provisions and savings in art. 5).

Modifications etc. (not altering text)

C1 S. 37 modified (1.10.1992) by S.I. 1992/1829, art. 3.

S. 37 applied (1.10.1997) by 1997 c. 43, ss. 44, 56(1), Sch. 1 Pt. II paras. 8(2)(4), 9(2)(b)(4), Sch. 5 paras. 9(1)(a)(b)(2)(b), 10(1)(b)(c)(2)(b); S.I. 1997/2200, art. 2(1).

Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).

S. 37 modified (19.9.1998) by S.I. 1998/2327, art. 5(3)(d).

C2 S. 37(1)(2) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200 , art. 2(1).

S. 37(1)(2) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200 , art. 2(1).

Commencement Information

I1 Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.