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Crime (Sentences) Act 1997

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34 Interpretation of Chapter II.E+W

(1)In this Chapter “life prisoner” means a person serving one or more life sentences; but—

(a)a person serving two or more such sentences shall not be treated as a life prisoner to whom section 28 above applies unless the requirements of section 28(1) above are satisfied as respects each of those sentences; and

(b)subsections (5) and (7) of that section shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

(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 section 53 of the 1933 Act; and

(c)a sentence of custody for life under section 8 of the 1982 Act.

(3)In this Chapter “court” includes a court-martial and “trial judge” includes a trial judge advocate; and in subsection (2) above—

(a)the reference to section 53 of the 1933 Act includes a reference to subsections (3) and (4) of section 71A of the M1Army Act 1955 and the M2Air Force Act 1955 and section 43A of the M3Naval Discipline Act 1957; and

(b)the reference to section 8 of the 1982 Act includes a reference to subsections (1A) and (1B) of those sections.

[F1(4)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.]

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C1S. 34: 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

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