Criminal Justice Act 1967

Changes over time for: Section 62

Version Superseded: 01/10/1992

Alternative versions:

01/02/1991- Amendment
01/02/1991
Point in time
01/10/1992- Amendment

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Point in time view as at 01/02/1991. This version of this provision has been superseded.

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[F162 Revocation of licences and conviction of prisoners on licence.E+W+S

(1)Where the Parole Board recommends the recall of any person who is subject to a licence under section 60 or 61 of this Act, the Secretary of State may revoke that person’s licence and recall him to prison.

(2)The Secretary of State may revoke the licence of any such person and recall him as aforesaid without consulting the Board, where it appears to him that it is expedient in the public interest to recall that person before such consultation is practicable.

(3)A person recalled to prison under the foregoing provisions of this section may make representations in writing with respect to his recall and shall on his return to prison be informed of the reasons for his recall and of his right to make such representations.

(4)The Secretary of State shall refer to the Board the case of a person recalled under subsection (1) of this section who makes representations under the last foregoing subsection and shall in any event so refer the case of a person returned to prison after being recalled under subsection (2) of this section.

(5)Where the Board recommends the immediate release on licence of a person whose case is referred to it under this section, the Secretary of State shall give effect to the recommendation, and where it is necessary for that purpose to release that person under subsection (1) of the last foregoing section, the Secretary of State shall do so without the consultation required by that subsection.

(6)If a person subject to a licence under section 60 or 61 of this Act is convicted by a magistrates’ court of an offence punishable on indictment with imprisonment, the court may commit him in custody or on bail to [F2Crown Court] for sentence in accordance with [F3section 42 of the M1Powers of Criminal Courts Act 1973] (power of [F2Crown Court] to sentence persons convicted by magistrates’ courts of indictable offences).

(7)If a person subject to any such licence is convicted on indictment of such an offence as aforesaid or is committed to [F2Crown Court] for sentence as aforesaid or under [F4section 38 of the Magistrates’ Courts Act 1980] (committal of persons convicted of indictable offences for sentence), [F5then, except in a case to which subsection (7A) of this section applies,] the court by which he is convicted or to which he is committed, as the case may be, may, whether or not it passes any other sentence on him, revoke the licence.

[F6(7A)Any such licence shall be treated as revoked where—

(a)the offender—

(i)was sentenced to imprisonment with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended); and

(ii)was released on licence before the expiration of any part of his sentence which he was required to serve in prison under subsection (1) of that section; and

(b)by virtue of subsection (3) of that section a court restores any part of the sentence held in suspense,

and subsection (9) of this section shall apply to the offender accordingly.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(9)On the revocation of the licence of any person under this section [F8or section 213(1) or 422(1) of the M2Criminal Procedure (Scotland) Act 1975], he shall be liable to be detained in pursuance of his sentence, and, if at large, shall be deemed to be unlawfully at large.

(10)If in the case of a person subject to a licence under section 60 of this Act a [F2Crown Court] or the High Court of Justiciary or a sheriff revokes that licence under this section [F8or section 213(1) or 422(1) of the M3Criminal Procedure (Scotland) Act 1975], the Secretary of State shall not thereafter release him under subsection (1) of that section before the expiration of [F9the specified period] from the date of revocation or before the expiration of one-third of the period during which the licence would have remained in force, whichever is the later; but the foregoing provision shall not affect any power to release him otherwise than under that subsection.

[F10(10A)In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.]

(11)This section shall have effect, in its application to a person sentenced [F11to youth custody or] to be detained under section 53 of the M4Children and Young Persons Act 1933 [F12young offenders convicted of grave crimes) or section [F13205(2)] of the M5said Act of 1975 (Punishment of person under 18)], as if for any reference to a prison there were substituted a reference to any place in which [F14that person was detained immediately before he was released on licence].]