PART 7Sentencing and release

CHAPTER 1Custodial sentences

Release on licence

I2I1134Responsibility for setting licence conditions for fixed-term prisoners

1

Section 250 of the Criminal Justice Act 2003 (licence conditions for fixed-term prisoners) is amended in accordance with subsections (2) and (3).

2

For subsections (5A) to (5B) substitute—

5A

The Secretary of State must not—

a

include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or

b

vary or cancel any such condition included in such a licence,

unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).

5B

A licence is within this subsection if it is granted to a relevant prisoner—

a

on their initial release in a case where that release is at the direction of the Board, or

b

on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).

5C

In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.

3

Omit subsection (9).

4

Subsection (5) applies to any condition of a licence that is in force immediately before commencement if—

a

the inclusion of the condition required a direction of the Board, but

b

no such direction was given.

5

The condition is to be treated, for the purposes of any time after commencement, as it if was included in the licence at the direction of the Board.

6

Nothing in this section except subsection (5) affects the validity of any condition included in a licence before commencement.

7

In this section—

  • “the Board” means the Parole Board;

  • “commencement” means the coming into force of this section;

  • “licence” means a licence under Chapter 6 of Part 12 of the Criminal Justice Act 2003.