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Crime and Disorder Act 1998
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Crime and Disorder Act 1998, Section 88 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 1(1C) inserted by 2010 c. 17 s. 40(2) (This amendment not applied to legislation.gov.uk. S. 40 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
- s. 8A inserted by 2010 c. 17 s. 41(3) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
- s. 8A repealed by 2014 c. 12 Sch. 11 para. 24(c)
- s. 9(2)(d) and word inserted by 2010 c. 17 s. 41(4)(b) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
- s. 9(2)(d) and word omitted by 2014 c. 12 Sch. 11 para. 26(4)(a)
- s. 9(2AA) inserted by 2010 c. 17 s. 41(4)(c) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
- s. 9(2AA) repealed by 2014 c. 12 Sch. 11 para. 26(5)
- s. 41(5)(i)(ii) words substituted by 2021 c. 11 Sch. 13 para. 37(3)
- s. 47(A1) inserted by 2022 c. 35 s. 12(2)
- s. 47(1)-(1F) substituted for s. 47(1) by 2022 c. 35 s. 12(3)
- s. 47(4)(a) word substituted by 2022 c. 35 s. 12(6)(b)
- s. 47(4)(a) words renumbered as s. 47(4)(a) by 2022 c. 35 s. 12(6)(a)
- s. 47(4)(b) and word inserted by 2022 c. 35 s. 12(6)(c)
- s. 47(4A) inserted by 2022 c. 35 s. 12(7)
- s. 50A(6) inserted by 2022 c. 35 Sch. 2 para. 8(2)(b)
- s. 51(2A)-(2E) inserted by 2022 c. 35 s. 10(4)
- s. 51(3A)(3B) substituted for s. 51(3)-(12) by 2022 c. 35 s. 10(5)
- s. 51A(A1) inserted by 2022 c. 35 s. 10(7)
- s. 51A(3A)-(3E) inserted by 2022 c. 35 s. 10(9)
- s. 51A(4A)(4B) substituted for s.0051A(4)-(10) by 2022 c. 35 s. 10(10)
- s. 52(2A) inserted by 2022 c. 35 s. 10(11)
- Sch. 3 para. 3(11A) inserted by 2003 c. 44 Sch. 3 para. 71(d)
88 Re-release of prisoners serving extended sentences.S
After section 3 of the 1993 Act there shall be inserted the following section—
“3A Re-release of prisoners serving extended sentences.
(1)This section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) who has been recalled to prison under section 17(1) of this Act.
(2)Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board—
(a)where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the disposal of that referral;
(b)in any other case, at any time.
(3)Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single sentence with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he has served one half of that other sentence.
(4)Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released.
(5)If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.”
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