The Parole Board (Transfer of Functions) Order 1998

Explanatory Note

(This note is not part of the Order)

Section 35(1) of the Criminal Justice Act 1991 (“the 1991 Act”) provides that after a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Parole Board, release him on licence. Section 37(5) of the 1991 Act provides that the Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.

This Order provides that, in relation to a long-term prisoner who is serving a sentence of imprisonment for a term of less than fifteen years, the above provisions shall have effect subject to the modifications in subsections (2) and (3) of section 50 with the effect that the Secretary of State shall, if recommended to do so by the Board, release such a prisoner on licence who has served half of his sentence. Section 37(5) is modified by section 50(3) with the effect that the Secretary of State shall not include on release, or subsequently insert, a condition in the licence of such a prisoner, or vary or cancel any such condition, except in accordance with the recommendations of the Board.

This Order revokes the Parole Board (Transfer of Functions) Order 1992 (S.I. 1992/1829) which made similar provision to this Order in relation to a long-term prisoner serving a sentence of imprisonment of less than seven years which was imposed upon him on or after 1st October 1992.