Criminal Justice Act 2003

[F1 246B Manslaughter: prisoner's non-disclosure of information E+W

(1) The Board must comply with this section when making a public protection decision about a prisoner if—

(a) the prisoner's sentence was passed for manslaughter;

(b) the Board does not know where and how the victim's remains were disposed of; and

(c) the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4) In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5) In this section, in relation to a prisoner—

• “public protection decision” means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.]

Textual Amendments

F1 Ss. 246B, 246C inserted (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 2(2), 3(2); S.I. 2020/1537, reg. 2

Modifications etc. (not altering text)

C1 Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)