Part 12U.K.Sentencing

Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 6E+W [F1 Release, licences[F2, supervision] and recall ]

Textual Amendments

F2Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C3Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Release on licenceE+W

[F3244ZBReferral of high-risk offenders to Parole Board in place of automatic releaseE+W

(1)This section applies to a prisoner who—

(a)would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and

(b)is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.

(2)For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)murder;

(b)specified offences, within the meaning of section 306 of the Sentencing Code.

(3)If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.

(4)Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).

(5)A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a).

(6)A notice given under subsection (4) must explain—

(a)the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)),

(b)why the Secretary of State is of the requisite opinion, and

(c)the prisoner’s right to make representations (see subsection (12)).

(7)A notice given under subsection (4)—

(a)takes effect at whichever is the earlier of—

(i)the time when it is received by the prisoner, and

(ii)the time when it would ordinarily be received by the prisoner, and

(b)remains in force until—

(i)the Secretary of State refers the prisoner’s case to the Board under this section, or

(ii)the notice is revoked.

(8)The Secretary of State—

(a)may revoke a notice given under subsection (4), and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(9)If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)—

(a)the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and

(b)the High Court, if satisfied that that ground is made out, must by order revoke the notice.

(10)At any time before the Board disposes of a reference under this section, the Secretary of State—

(a)may rescind the reference, and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(11)If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).

(12)The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.

But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.]

Textual Amendments