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Crime (Sentences) Act 1997
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Version Superseded: 18/12/2003
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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)[F3an officer of a local probation board] 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 [F4section 46(3) of the 1991 Act]), subsection (2) above shall have effect as if [F4subsection (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F1Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch. 10; S.I.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(2A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F4Words 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).
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