Crime (Sentences) Act 1997

Licences and recall E+W

31 Duration and conditions of licences. E+W

(1) Where a life prisoner [F1 , other than a prisoner to whom section 31A below applies,] is released on licence, the licence shall, unless previously revoked under section 32 F2 ... below, remain in force until his death.

[F3 (1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—

(a) it is previously revoked under section 32(1) or (2) below

(b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below]; or

(2) A life prisoner subject to a licence shall comply with such conditions F4 ... 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.

[F5 (2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—

(a) [F6 an officer of a local probation board] appointed for or assigned to the [F7 local justice area] within which the prisoner resides for the time being [F8 or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the prisoner resides for the time being];

(b) where the prisoner is under the age of 22, a social worker of the F9 ... local authority within whose area the prisoner resides for the time being; or

(c) where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.]

[F10 (3) The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except—

(a) in accordance with recommendations of the Parole Board,

[F11 (aa) in accordance with subsection (3A),] or

(b) where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).]

[F12 (3A) The Secretary of State may include a condition in a life prisoner's licence on release under section 32ZZA.]

F13 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

(6) In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by [F14 section 259 of the Criminal Justice Act 2003]), subsection (2) above shall have effect as if [F15 subsection (2A) above] were omitted.

Textual Amendments

F1 Words in s. 31(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F2 Words in s. 31(1) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(b)

F3 S. 31(1A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F4 Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch. 10; S.I. 1998/2327, art. 3(1)(b)(c), Sch. 1; S.I. 2000/924, art. 3

F5 S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch. 1; S.I. 2000/924, art. 3

F6 Words in s. 31(2A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F7 Words in s. 31(2A)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 53

F8 Words in s. 31(2A)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(2)

F9 Words in s. 31(2A)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)

F10 S. 31(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 1 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

F11 S. 31(3)(aa) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(2)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)

F12 S. 31(3A) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(2)(b), 81(2); S.I. 2024/966, reg. 3(1)(a)

F13 S. 31(4) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 83(3), Sch. 37 Pt. 8

F14 Words in s. 31(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 83(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F15 Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).

Modifications etc. (not altering text)

C1 S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

C2 S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a)

S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).

[F16 31A Imprisonment or detention for public protection: termination of licences E+W

(1) This section applies to a prisoner who—

(a) is serving one or more preventive sentences, and

(b) is not serving any other life sentence.

(2) Where—

(a) the prisoner has been released on licence under this Chapter [F17 (whether or not the prisoner has subsequently been recalled to prison under section 32)]; and

(b) the qualifying period has expired,

the Secretary of State [F18 must], if directed to do so by the Parole Board, order that the licence is to cease to have effect.

[F19 (3) Where—

(a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32); [F20 and]

(b) the qualifying period has expired; F21 ...

F21 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.]

[F22 (4) Where a reference is made under subsection (3) above—

(a) the Parole Board must direct the Secretary of State to make an order that the licence is to cease to have effect, unless paragraph (b) applies;

(b) if the Parole Board is satisfied that it is necessary for the protection of the public that the licence should remain in force, it must dismiss the reference.]

F23 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 (4D) The reference under subsection (3) must not be made, and a reference under that subsection must not be determined by the Parole Board under subsection (4), if at the time the reference or determination would otherwise be made the prisoner is in prison having been recalled under section 32.

(4E) Subsection (4F) applies where—

(a) but for subsection (4D), a reference of the prisoner’s case would have been made under subsection (3) or determined by the Parole Board under subsection (4),

(b) the Secretary of State has referred the prisoner’s case to the Parole Board under section 28 or 32, and

(c) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(4F) Where this subsection applies—

(a) the Parole Board must direct the Secretary of State to release the prisoner unconditionally, unless paragraph (b) applies;

(b) if the Parole Board is satisfied that it is necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventive sentence or sentences, it must not give a direction under paragraph (a).

(4G) Where the Parole Board gives a direction under subsection (4F)(a)—

(a) section 28(5) has effect in relation to the prisoner as if for “release him on licence” there were substituted “release the prisoner unconditionally”;

(b) section 32(5) has effect in relation to the prisoner as if for “give effect to the direction” there were substituted “release the prisoner unconditionally”.

(4H) Where—

(a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32),

(b) the qualifying period has expired, and

(c) the prisoner’s licence has remained in force for a continuous period of two years—

(i) beginning not before the qualifying period expired, and

(ii) ending after the coming into force of section 66(3)(d) of the Victims and Prisoners Act 2024,

the Secretary of State must order that the licence is to cease to have effect.]

(5) In this section—

• [F25 “preventive sentence” means—

  (a)

  a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or

  (b)

  a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);]

• “the qualifying period”, in relation to a prisoner who has been released on licence [F26 (whether or not the prisoner has subsequently been recalled to prison under section 32)], means [F27 the period of ten years beginning with the date of his release.]][F27 —

  (a)

  if the prisoner was not at any time in the period of two years beginning with the date of the prisoner’s release serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over, that two year period;

  (b)

  otherwise, the period of three years beginning with the date of the prisoner’s release.]

[F28 (6) The Secretary of State may by regulations made by statutory instrument amend subsection (5) to change the length of the qualifying period for the time being specified in paragraph (a) or (b) of the definition of “the qualifying period”.

(7) A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

Textual Amendments

F16 S. 31A inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 2; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F17 Words in s. 31A(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(2), 208(5)(o)

F18 Word in s. 31A(2) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)

F19 S. 31A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(3), 208(5)(o)

F20 Word in s. 31A(3)(a) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(b)(i), 81(2); S.I. 2024/966, reg. 3(1)(a)

F21 S. 31A(3)(c) and word omitted (1.11.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(b)(ii), 81(2); S.I. 2024/966, reg. 3(1)(a)

F22 S. 31A(4) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(c), 81(2); S.I. 2024/966, reg. 3(1)(a)

F23 S. 31A(4A)-(4C) omitted (1.11.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(d), 81(2); S.I. 2024/966, reg. 3(1)(a)

F24 S. 31A(4D)-(4H) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(d), 81(2); S.I. 2024/966, reg. 3(1)(a)

F25 Words in s. 31A(5) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(e)(i), 81(2); S.I. 2024/966, reg. 3(1)(a)

F26 Words in s. 31A(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(6), 208(5)(o)

F27 Words in s. 31A(5) substituted (1.11.2024 for specified purposes) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(e)(ii), 81(2); S.I. 2024/966, reg. 3(2)

F28 S. 31A(6)(7) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(f), 81(2); S.I. 2024/966, reg. 3(1)(a)

Modifications etc. (not altering text)

C3 S. 31A(3) applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(9)(10), 208(5)(o)

C4 S. 31A(4)-(4C) applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(7)(8), 208(5)(o)

C5 S. 31A(4) applied (22.7.2019) by The Parole Board Rules 2019 (S.I. 2019/1038), rules 1, 31(4)

32 Recall of life prisoners while on licence. E+W

[F29 (1) The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.]

[F30 (1A) Subsection (1) does not apply in relation to a prisoner in respect of whom the Secretary of State is required to make an order under section 31A(2) or (4H) that the licence is to cease to have effect.]

(3) A life prisoner recalled to prison under [F31 this section]—

(a) may make representations in writing with respect to his recall; and

(b) on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

(4) The Secretary of State shall refer to the Parole Board [F32 the case of a life prisoner recalled under this section].

[F33 (5) Where on a reference under subsection (4) above the Parole Board directs the F34 ... release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.]

[F35 (5A) The Board must not give a direction unless satisfied that it is no longer necessary for the protection of the public that the life prisoner should remain in prison.]

[F36 (5B) Subsection (5C) applies where the Secretary of State releases, under subsection (5) above, a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies.

(5C) The Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under this section.

(5D) The Secretary of State may only make a determination under subsection (5C) if the Secretary of State considers that it is in the interests of justice to do so.

(5E) Where the Secretary of State makes a determination under subsection (5C), the Secretary of State must notify the prisoner.]

(6) On the revocation of the licence of any life prisoner under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Textual Amendments

F29 S. 32(1) substituted for s. 32(1)(2) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(2), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F30 S. 32(1A) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(4)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)

F31 Words in s. 32(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(3), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F32 Words in s. 32(4) substituted for s. 32(4)(a)(b) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(4), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F33 S. 32(5) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 84

F34 Word in s. 32(5) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 139(1)(a), 208(1); S.I. 2022/520, reg. 5(o)

F35 S. 32(5A) inserted (29.6.2022) by Criminal Justice and Courts Act 2015 (c. 2), ss. 11(2), 95(1) (with s. 11(5)); S.I. 2022/716, art. 2

F36 S. 32(5B)-(5E) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(4)(b), 81(2); S.I. 2024/966, reg. 3(1)(a)

Modifications etc. (not altering text)

C6 S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

C7 S. 32: power to amend conferred (29.6.2022) by 2012 c. 10, s. 128(3)(aa) (as inserted by Criminal Justice and Courts Act 2015 (c. 2), ss. 11(3), 95(1); S.I. 2022/716, art. 2)

[F37 32ZZA Imprisonment or detention for public protection: powers in relation to release of recalled prisoners E+W

(1) This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies—

(a) has been released on licence under this Chapter, and

(b) is recalled to prison under section 32.

(2) The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter.

(3) The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison.

(4) Where the prisoner is released under subsection (2), the Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under section 32.

(5) The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so.

(6) Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner.

(7) In this section, “preventive sentence” means—

(a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or

(b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006).]

Textual Amendments

F37 S. 32ZZA inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(5), 81(2); S.I. 2024/966, reg. 3(1)(a)

[F38 32ZA Offence of remaining unlawfully at large after recall E+W

(1) A person recalled to prison under section 32 commits an offence if the person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate address, and

(b) a period specified in the notice has elapsed.

(3) In subsection (2) “an appropriate address” means—

(a) an address at which, under the person's licence, the person is permitted to reside or stay, or

(b) an address nominated, in accordance with the person's licence, for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b) the person has failed to comply with such an instruction, and

(c) the person has not complied with such an instruction for at least 6 months.

(5) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction to imprisonment for a term not exceeding [F39 the general limit in a magistrates’ court] or a fine (or both).

(6) In relation to an offence committed before [F40 2 May 2022], the reference in subsection (5)(b) to [F41 the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]

Textual Amendments

F38 S. 32ZA inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 12(1), 95(1) (with s. 12(3)); S.I. 2015/778, art. 3, Sch. 1 para. 8

F39 Words in s. 32ZA(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F40 Words in s. 32ZA(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F41 Words in s. 32ZA(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table