C9 Part II Effect of custodial sentences
Chapter I Determinate sentences
General
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Early release
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Additional days
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F915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision after release
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F1218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special cases
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Supplemental
F2026. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C8 Chapter II Life sentences
Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
Release on licence
C1C1028 Duty to release certain life prisoners.
F60F321A
This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.
C21B
But if a life prisoner is serving two or more life sentences—
a
b
the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.
5
As soon as—
a
a life prisoner to whom this section applies has served the relevant part of his sentence; and
b
the Parole Board has directed his release under this section,
it shall be the duty of the Secretary of State to release him on licence.
6
The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies unless—
a
the Secretary of State has referred the prisoner’s case to the Board; and
b
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
7
A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board at any time—
a
after he has served the relevant part of his sentence; and
b
where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and
c
where he is also serving a sentence of imprisonment or detention for a term, after F22he has served one-half of that sentence;
and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.
8
In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the M1Prison Act 1952.
F318A
In this section “minimum term order” means an order under—
a
subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or
b
subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).
F239
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F3529 Power to release other life prisoners.
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C330 Power to release life prisoners on compassionate grounds.
1
The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
2
Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.
Licences and recall
C431 Duration and conditions of licences.
1
F441A
Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—
a
it is previously revoked under section 32(1) or (2) below; or
b
it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below.
2
A life prisoner subject to a licence shall comply with such conditions F24... as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.
F252A
The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—
a
F26an officer of a local probation board appointed for or assigned to the F42local justice area within which the prisoner resides for the time being F49or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the prisoner resides for the time being;
b
where the prisoner is under the age of 22, a social worker of the F48... local authority within whose area the prisoner resides for the time being; or
c
where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.
3
The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a life prisoner, or vary or cancel any such condition, F36except in accordance with recommendations of the Parole Board.
F374
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5
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C56
31AF43Imprisonment or detention for public protection: termination of licences
1
This section applies to a prisoner who—
a
is serving one or more preventive sentences, and
b
is not serving any other life sentence.
2
Where—
a
the prisoner has been released on licence under this Chapter; and
b
the qualifying period has expired,
the Secretary of State shall, if directed to do so by the Parole Board, order that the licence is to cease to have effect.
3
Where—
a
the prisoner has been released on licence under this Chapter;
b
the qualifying period has expired; and
c
if he has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,
the prisoner may make an application to the Parole Board under this subsection.
4
Where an application is made under subsection (3) above, the Parole Board—
a
shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;
b
shall otherwise dismiss the application.
5
In this section—
“preventive sentence” means a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act F54(including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006) ;
“the qualifying period”, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.
C632 Recall of life prisoners while on licence.
F511
The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.
3
A life prisoner recalled to prison under F52this section—
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 Parole Board F53the case of a life prisoner recalled under this section.
F385
Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.
6
On the revocation of the licence of any life prisoner 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.
Miscellaneous and supplemental
F3933 Life prisoners transferred to England and Wales.
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C734 Interpretation of Chapter II.
C111
2
In this section “life sentence” means any of the following imposed for an offence, whether committed before or after the commencement of this Chapter, namely—
a
a sentence of imprisonment for life;
b
a sentence of detention during Her Majesty’s pleasure or for life under F29section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000; and
c
a sentence of custody for life under F29section 93 or 94 of that Act.
F47d
e
a sentence of detention for public protection under section 226 of that Act F57(including one passed as a result of section 221 of the Armed Forces Act 2006) .
F55f
a sentence of detention for life under section 209 of the Armed Forces Act 2006;
g
a sentence under section 218 of that Act (detention at Her Majesty's pleasure).
3
a
F304
Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.
Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)