Criminal Justice Act 1991

Misbehaviour after release E+W

38 Breach of licence conditions by short-term prisoners. E+W

(1) A short-term prisoner—

(a) who is released on licence under this Part; and

(b) who fails to comply with such conditions as may for the time being be specified in the licence,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The magistrates’ court by which a person is convicted of an offence under subsection (1) above may, whether or not it passes any other sentence on him—

(a) suspend the licence for a period not exceeding six months; and

(b) order him to be recalled to prison for the period during which the licence is so suspended.

(3) On the suspension of the licence of any person 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.

Modifications etc. (not altering text)

C1 Ss. 35-39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II, para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

Ss. 37-39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(4), Sch. 5 para. 9(1)(b); S.I. 1997/2200, art. 2(1).

Ss. 37-40 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para.9(4), Sch. 5 para. 10(1)(c); 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.

Valid from 28/01/1999

[F1 F1 38A Breach of curfew condition. E+W

(1) If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above—

(a) that he has failed to comply with the curfew condition;

(b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or

(c) that it is necessary to do so in order to protect the public from serious harm from him,

the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.

(2) A person whose licence under section 34A(3) above is revoked under this section—

(a) may make representations in writing with respect to the revocation;

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

(3) The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.

(4) Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.

(5) On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

(6) In this section “the curfew condition” has the same meaning as in section 37A above.]

Textual Amendments

F1 S. 38A inserted (28.1.1999) by 1998 c. 37, s. 100(2); S.I. 1998/3263, art.3.

39 Recall of long-term and life prisoners while on licence. E+W

(1) If recommended to do so by the Board in the case of a long-term or life prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.

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

(3) A person recalled to prison under subsection (1) or (2) above—

(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 Board—

(a) the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and

(b) the case of a person recalled under subsection (2) above.

(5) Where on a reference under subsection (4) above the Board—

(a) directs in the case of a discretionary life prisoner; or

(b) recommends in the case of any other person,

his immediate release on licence under this section, the Secretary of State shall give effect to the direction or recommendation.

(6) On the revocation of the licence of any person 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.

Modifications etc. (not altering text)

C2 S. 39 modified (1.10.1992) by S.I. 1992/1829, art.3.

Commencement Information

I2 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.

40 Convictions during currency of original sentences. E+W

(1) This section applies to a short-term or long-term prisoner who is released under this Part if—

(a) before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment; and

(b) whether before or after that date, he is convicted of that offence (“the new offence”).

(2) Subject to subsection (3) below, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison for the whole or any part of the period which—

(a) begins with the date of the order; and

(b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.

(3) A magistrates’ court—

(a) shall not have power to order a person to whom this section applies to be returned to prison for a period of more than six months; but

(b) may commit him in custody or on bail to the Crown Court for sentence in accordance with section 42 of the 1973 Act (power of Crown Court to sentence persons convicted by magistrates’ courts of indictable offences).

(4) The period for which a person to whom this section applies is ordered under subsection (2) above to be returned to prison—

(a) shall be taken to be a sentence of imprisonment for the purposes of this Part;

(b) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and

(c) in either case, shall be disregarded in determining the appropriate length of that sentence.

Commencement Information

I3 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.

Valid from 30/09/1998

[F2 F2 40A Release on licence following return to prison. E+W

(1) This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—

(a) includes, or consists of, an order under section 40 above; and

(b) is for a term of twelve months or less.

(2) As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.

(3) Where the person is so released, the licence shall remain in force for a period of three months.

(4) If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale; or

(b) to a sentence of imprisonment for a term not exceeding the relevant period,

but not liable to be dealt with in any other way.

(5) In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.

(6) As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.]

Textual Amendments

F2 S. 40A inserted (30.9.1998) by 1998 c. 37, s.105 (with Sch. 9 para. 14(1)); S.I. 1998/2327, art.2(1)(w).

Modifications etc. (not altering text)

C3 S. 40A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(6)(9); S.I. 1998/2327, art.2(1)(z)