Coroners and Justice Act 2009

145 Transfer to Parole Board of functions under the Criminal Justice Act 1991

(1) Part 2 of the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons sentenced for offences committed before 4 April 2005) is amended as follows.

(2) In section 35 (power to release long-term prisoners), for subsection (1) substitute—

“(1) After a long-term prisoner has served one-half of his sentence, the Secretary of State shall, if recommended to do so by the Board, release him on licence.”

(3) In section 37 (duration and conditions of licences)—

(a) omit subsection (5),

(b) after that subsection insert—

“(5A) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner to whom section 35(1) applies, or vary or cancel any such condition, except in accordance with recommendations of the Board.”, and

(c) omit subsection (6).

(4) The reference in subsection (2) above to section 35(1) and the reference in subsection (3)(a) above to section 37(5) each includes a reference to that provision as modified (for certain long-term prisoners) by the Parole Board (Transfer of Functions) Order 1998 (S.I. 1998/3218).