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PART 2 N.I.SENTENCING

CHAPTER 4N.I.RELEASE ON LICENCE

Modifications etc. (not altering text)

C2Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)

Recall after releaseN.I.

Recall of prisoners while on licenceN.I.

28.—(1) In this Article “P” means a prisoner who has been released on licence under Article 17, 18 [F1, 20 or 20A].

(2) [F2The Department of Justice or the Secretary of State] may revoke P's licence and recall P to prison—

(a)if recommended to do so by the Parole Commissioners; or

(b)without such a recommendation if it appears to the [F3Department of Justice or (as the case may be) the] Secretary of State that it is expedient in the public interest to recall P before such a recommendation is practicable.

(3) P—

(a)shall, on returning to prison, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); an

(b)may make representations in writing with respect to the recall.

(4) The [F4Department of Justice or (as the case may be) the] Secretary of State shall refer P's recall under paragraph (2) to the Parole Commissioners.

(5) Where on a reference under paragraph (4) the Parole Commissioners direct P's immediate release on licence under this Chapter, the [F5Department of Justice] shall give effect to the direction.

(6) The Parole Commissioners shall not give a direction under paragraph (5) with respect to P unless they are satisfied that—

(a)where P is serving an indeterminate custodial sentence or an extended custodial sentence [F6and was not released under Article 20A], it is no longer necessary for the protection of the public from serious harm that P should be confined;

(b)in any other case, it is no longer necessary for the protection of the public that P should be confined.

(7) On the revocation of P's licence, P shall be—

(a)liable to be detained in pursuance of P's sentence; and

(b)if at large, treated as being unlawfully at large.

[F7(8) The Secretary of State may revoke P's licence and recall P to prison under paragraph (2) only if his decision to revoke P's licence and recall P to prison is arrived at (wholly or partly) on the basis of protected information.]

Textual Amendments

Commencement Information

I1Art. 28 partly in operation; art. 28 not in operation at date Order made see art. 1(4); art. 28 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 28 in operation for further certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I2Art. 28 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(e)

Further release after recall for certain fixed-term prisonersN.I.

29.—(1) This Article applies where—

(a)a fixed-term prisoner, other than a prisoner serving an extended custodial sentence [F8or a prisoner to whom Article 20A applies], (“P”) is released on licence under Article 17 or 20; and

(b)on a reference under Article 28(4) the Parole Commissioners do not direct P's immediate release on licence under this Chapter.

(2) Subject to paragraphs (3) and (4), the Parole Commissioners shall either—

(a)recommend a date for P's release on licence; or

(b)fix a date as the date for the next review of P's case by them.

(3) Any date recommended under paragraph (2)(a) or fixed under paragraph (2) (b) must not be later than the second anniversary of the date on which the decision is taken.

(4) The Parole Commissioners need not make a recommendation under paragraph (2)(a) or fix a date under paragraph (2)(b) if P will fall to be released unconditionally at any time within the next 24 months.

(5) Where the Parole Commissioners have recommended a date for P's release under paragraph (2)(a), the [F9Department of Justice] shall release P on licence on that date unless the [F10Department of Justice or the] Secretary of State has, before that date, referred P's case to the Parole Commissioners.

[F11(5A) The Secretary of State may refer P's case to the Parole Commissioners under paragraph (5) only if his decision to refer P's case is arrived at (wholly or partly) on the basis of protected information.]

(6) On a review required by paragraph (2)(b) or a reference under paragraph (5), the Parole Commissioners shall—

(a)direct P's immediate release on licence;

(b)make a recommendation under paragraph (2)(a); or

(c)fix a date under paragraph (2)(b).

(7) The Parole Commissioners shall not give a direction under paragraph (6)(a) with respect to P unless they are satisfied that it is no longer necessary for the protection of the public that P should be confined

(8) The [F12Department of Justice] shall give effect to any direction under paragraph (6)(a).

Textual Amendments

Commencement Information

I3Art. 29 partly in operation; art. 29 not in operation at date Order made see art. 1(4); art. 29 in operation for certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I4Art. 29 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(f)

Recall of prisoners released early under Article 19N.I.

30.—(1) If it appears to the [F13Department of Justice], as regards a person released on licence under Article 19 (“P”)—

(a)that P has failed to comply with any condition included in the licence, or

(b)that P's whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in the licence,

the [F13Department of Justice] may, if the curfew condition is still in force, revoke the licence and recall P to prison under this Article.

(2) P—

(a)shall, on returning to prison, be informed of the reasons for the revocation and of the right conferred by sub-paragraph (b); and

(b)may make representations in writing with respect to the revocation.

(3) The [F14Department of Justice], after considering any representations under paragraph (2)(b) or any other matters, may cancel the revocation of P's licence under this Article.

(4) Where the revocation of P's licence is cancelled under paragraph (3), P is to be treated for the purposes of Article 19 as not having been recalled to prison under this Article.

(5) On the revocation of P's licence, P shall be—

(a)liable to be detained in pursuance of P's sentence; and

(b)if at large, treated as being unlawfully at large.

Textual Amendments

Commencement Information

I5Art. 30 in operation at 1.6.2015 by S.R. 2015/255, art. 2(d)

Conviction while licence remains in forceN.I.

31.  Where it appears to the court by or before which a person is convicted of an offence—

(a)that the offence was committed while the person was on licence under this Chapter, and

(b)that the person has not been recalled to prison,

the court shall inform the [F15Department of Justice] of the conviction.

Textual Amendments