- Latest available (Revised)
- Point in Time (30/11/2000)
- Original (As enacted)
Point in time view as at 30/11/2000.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime (Sentences) Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F3section 46(3) of the 1991 Act]), subsection (2) above shall have effect as if [F3subsection (2A) above] were omitted.
Textual Amendments
F1Words 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
F2S. 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
F3Words 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)
C1S. 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
C2S. 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).
(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)
C3S. 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
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: