Crime (Sentences) Act 1997

Licences and recall E+W

31 Duration and conditions of licences. E+W

(1) Where a life prisoner is released on licence, the licence shall, unless previously revoked under section 32(1) or (2) below, remain in force until his death.

(2) A life prisoner subject to a licence shall comply with such conditions F1 . . . 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.

[F2 (2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—

(a) a probation officer appointed for or assigned to the petty sessions 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 social services department of the 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, except—

(a) in the case of the inclusion of a condition in the licence of a life prisoner to whom section 28 above applies, in accordance with recommendations of the Parole Board; and

(b) in any other case, after consultation with the Board.

(4) For the purposes of subsection (3) above, the Secretary of State shall be treated as having consulted the Parole Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

(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.

(6) In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by [F3 section 46(3) of the 1991 Act]), subsection (2) above shall have effect as if [F3 subsection (2A) above] were omitted.

Textual Amendments

F1 Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch.10; S.I. 1998/2327, art. 3(1)(b)(c), Sch.1; S.I. 2000/924, art. 3

F2 S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch.1; S.I. 2000/924, art. 3

F3 Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).

Modifications etc. (not altering text)

C1 S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

C2 S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a)

S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).

32 Recall of life prisoners while on licence. E+W

(1) If recommended to do so by the Parole Board in the case of a life prisoner who has been released on licence under this Chapter, the Secretary of State may revoke his licence and recall him to prison.

(2) The Secretary of State may revoke the licence of any life prisoner and recall him to prison without a recommendation by the Parole Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.

(3) A life prisoner recalled to prison under subsection (1) or (2) above—

(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—

(a) the case of a life prisoner recalled under subsection (1) above who makes representations under subsection (3) above; and

(b) the case of a life prisoner recalled under subsection (2) above.

(5) Where on a reference under subsection (4) above the Parole Board—

(a) directs in the case of a life prisoner to whom section 28 above applies; or

(b) recommends in the case of any other life prisoner,

his immediate release on licence under this section, the Secretary of State shall give effect to the direction or recommendation.

(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.

Modifications etc. (not altering text)

C3 S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1