Modifications etc. (not altering text)
C1Pt. II (ss. 32-51) applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(4), 9(5),Sch. 5 paras. 9(1)(c)(2)(c), 10(1)(d)(2)(c); S.I. 1997/2200, art. 2(1).
Pt. II (ss. 32-51) modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.2(3) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) applied (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) excluded (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 paras. 2(7), 3(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) modified (1.4.2000) by 1998 c. 37, s.79(3)(4); S.I. 1999/3426, art. 3 (subject to art. 4 of the said S.I.)
Pt. II (ss. 32-51) applied (30.9.1998) by 1998 c. 37, s.102; S.I. 1998/2327, art.2(1)(v).
Pt. II (ss. 32-51) modified (25.8.2000) by 2000 c. 6, ss. 116(6)(a), 168
Pt. II (ss. 32-51) excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
Commencement Information
I1Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2 (as repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x)).
(1)As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—
(a)to release him unconditionally if that sentence is for a term of less than twelve months; and
(b)to release him on licence if that sentence is for a term of twelve months or more.
(2)As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(3)As soon as a short-term or long-term prisoner who—
(a)has been released on licence under subsection (1)(b) or (2) above or section 35 or 36(1) below; and
(b)has been recalled to prison under section 38(2) or 39(1) below,
would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
(4)Where a prisoner whose sentence is for a term of less than twelve months has been released on licence under section 36(1) below and recalled to prison under section 38(2) below, subsection (3) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.
(5)In this Part—
“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.
Modifications etc. (not altering text)
C2S. 33 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(2), 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).
C3S. 33(1)(b) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).
S. 33(1)(b) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).
C4S. 33(2) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).
S. 33(2) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).
Commencement Information
I2Pt. 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.