Criminal Justice Act 2003

Valid from 04/04/2005

Section 230

SCHEDULE 18 E+W Release of prisoners serving sentences of imprisonment or detention for public protection

Release on licence E+W

1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions of licences for life prisoners), is amended as follows. E+W

(2) In subsection (1) (licence to remain in force until death), after “life prisoner” there is inserted “ , other than a prisoner to whom section 31A below applies,/text ”.

(3) After that subsection there is inserted—

“(1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—

(a) it is previously revoked under section 32(1) or (2) below; or

(b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below.”

Commencement Information

I1 Sch. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (subject to art. 2(2), Sch. 2)

2 E+W After that section there is inserted—

“31A Imprisonment or detention for public protection: termination of licences

(1) This section applies to a prisoner who—

(a) is serving one or more preventive sentences, and

(b) is not serving any other life sentence.

(2) Where—

(a) the prisoner has been released on licence under this Chapter; and

(b) the qualifying period has expired,

the Secretary of State shall, if directed to do so by the Parole Board, order that the licence is to cease to have effect.

(3) Where—

(a) the prisoner has been released on licence under this Chapter;

(b) the qualifying period has expired; and

(c) if he has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,

the prisoner may make an application to the Parole Board under this subsection.

(4) Where an application is made under subsection (3) above, the Parole Board—

(a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;

(b) shall otherwise dismiss the application.

(5) In this section—

• “preventive sentence” means a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act;

• “the qualifying period”, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.”

Commencement Information

I2 Sch. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (subject to art. 2(2), Sch. 2)

3 E+W In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c) there is inserted—

“(d) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, and

(e) a sentence of detention for public protection under section 226 of that Act.”

Commencement Information

I3 Sch. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (subject to art. 2(2), Sch. 2)

Determination of tariffs E+W

4 E+W In section 82A of the Sentencing Act (determination of tariffs), after subsection (4) there is inserted—

“(4A) No order under subsection (4) above may be made where the life sentence is—

(a) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, or

(b) a sentence of detention for public protection under section 226 of that Act.”

Commencement Information

I4 Sch. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (subject to art. 2(2), Sch. 2)