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Criminal Justice Act 1991
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[F140AF1 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 [F2section 116 of the Powers of Criminal Courts (Sentencing) Act 2000]]; 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
F1S. 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)
C1S. 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)
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