Part IIE+W Early Release of Prisoners

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by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.2(3) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).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by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).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c. 43, ss. 56(1), 57(2), Sch. 5 paras. 2(7), 3(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).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 II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2 (as repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x)).

Special casesE+W

43 Young offenders.E+W

(1)Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 53 of of the 1933 Act, as it applies to persons serving equivalent sentences of imprisonment.

(2)Subject to subsection (5) below, this Part applies to persons serving—

(a)sentences of detention during Her Majesty’s pleasure or for life under section 53 of the 1933 Act; or

(b)sentences of custody for life under section 8 of the 1982 Act,

as it applies to persons serving sentences of imprisonment for life.

(3)References in this Part to prisoners (whether short-term, long-term or life prisoners), or to prison or imprisonment, shall be construed in accordance with subsections (1) and (2) above.

(4)In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—

(a)to release him unconditionally if his sentence is for a term of twelve months or less; and

(b)to release him on licence if that sentence is for a term of more than twelve months.

(5)In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4) above shall have effect as if the reference to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department.

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.