Modifications etc. (not altering text)
C1Pt. 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)
Modifications etc. (not altering text)
C2Pt. 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
(1)In this Chapter “life prisoner” means a person serving one or more life sentences [F1and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003] ; F2. . .
(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 [F3section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000]; and
(c)a sentence of custody for life under [F3section 93 or 94 of that Act].
(3)F4... in subsection (2) above—
(a)the reference to [F3section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000] 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 [F3 section 93 or 94 of that Act of 2000] includes a reference to subsections (1A) and (1B) of [F3section 71A of the Army Act 1955 and the Air Force Act 1955 and section 43A of the Naval Discipline Act 1957.]
[F5(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.]
Textual Amendments
F1Words in s. 34(1) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 273(4), 336(2)
F2Word in s. 34(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3)(d), Sch. 7 Pt. II para. 138, Sch. 8
F3Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)
F4Words in s. 34(3) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 37 Pt. 8
F5S. 34(4) inserted (30.9.1998) by 1998 c. 37, ss. 101(2), 120(1), Sch. 9 para. 11; S.I. 1998/2327, art. 2(1)(v).
Modifications etc. (not altering text)
C3S. 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
C4S. 34(1) extended (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 17
Marginal Citations