Criminal Justice Act 1991

33 Duty to release short-term and long-term prisoners. E+W

(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 [F1 this Part]; and

(b) has been recalled to prison under section [F1 39(1) or (2)] 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 [F2 on licence].

[F3 (3A) In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 58 of the Crime and Disorder Act 1998).]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F1 Words in s. 33(3)(a)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 80(1)(a)(b); S.I. 1998/2327, art.2(1)(y)(2)(y).

F2 Words in s. 33(3) substituted (30.9.1998) by 1998 c. 37, s104(1) (with Sch. 9 para. 13); S.I. 1998/2327, art.2(1)(w).

F3 S. 33(3A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 80(2); S.I. 1998/2327, art.2(1)(y)(2)(y).

F4 S. 33(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 80(3), Sch.10; S.I. 1998/2327, art.2(1)(aa)(y)(2)(y)(3)(t).

Modifications etc. (not altering text)

C1 S. 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).

S. 33 modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para.12(3)(9); S.I. 1998/2327, art.2(1)(z)

C2 S. 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).

C3 S. 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

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.