Crime (Sentences) Act 1997

Chapter II E+W Life sentences

Modifications etc. (not altering text)

C1 Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2

Release on licence E+W

28 Duty to release certain life prisoners. E+W

[F1 [F2 (1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.]

(1B) But if a life prisoner is serving two or more life sentences—

(a) [F3 this section does not apply to him] unless [F4 a minimum term order has been made in respect of each of those sentences]; and

(b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.

(5) As soon as—

(a) a life prisoner to whom this section applies has served the relevant part of his sentence; and]

(b) the Parole Board has directed his release under this section,

it shall be the duty of the Secretary of State to release him on licence.

(6) The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies unless—

(a) the Secretary of State has referred the prisoner’s case to the Board; and

(b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(7) A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board at any time—

(a) after he has served the relevant part of his sentence; and

(b) where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and

(c) where he is also serving a sentence of imprisonment or detention for a term, after [F5 he has served one-half of that sentence];

and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.

(8) In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the M1 Prison Act 1952.

[F6 (8A) In this section “minimum term order” means an order under—

(a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

(b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).]

F7 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 28(1A)(1B)-(5)(a) substituted for s. 28(1)-(5)(a) (30.11.2000 with effect as mentioned in Sch. 7 para. 145 of the substituting Act) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 136(a)

F2 S. 28(1A) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 275(1)(2), 336(2)

F3 Words in s. 28(1B)(a) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 275(3)(a), 336(2)

F4 Words in s. 28(1B)(a) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 275(3)(b), 336(2)

F5 Words in s. 28(7)(c) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 130(2); S.I. 1998/2327, art. 2(2)(ll)

F6 S. 28(8A) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 275(1)(4), 336(2)

F7 S. 28(9) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 136(b), Sch. 8

Modifications etc. (not altering text)

C2 S. 28: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

C3 S. 28 modified (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 16

C4 S. 28(1B) modified (30.11.2000) by 2000 c. 43, ss. 74, 80(3)(d), Sch. 7 Pt. II para. 146-148

Marginal Citations

M1 1952 c.52.

F8 29 Power to release other life prisoners. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 29 repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 303(b)(i), 336(2), Sch. 37 Pt. 8

30 Power to release life prisoners on compassionate grounds. E+W

(1) The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

(2) Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.

Modifications etc. (not altering text)

C5 S. 30: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

Licences and recall E+W

31 Duration and conditions of licences. E+W

(1) Where a life prisoner [F9 , other than a prisoner to whom section 31A below applies,] is released on licence, the licence shall, unless previously revoked under section 32 F10 ... below, remain in force until his death.

[F11 (1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—

(a) it is previously revoked under section 32(1) or (2) below; or

(b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below.]

(2) A life prisoner subject to a licence shall comply with such conditions F12 ... as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

[F13 (2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—

(a) [F14 an officer of a local probation board] appointed for or assigned to the [F15 local justice area] within which the prisoner resides for the time being [F16 or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the prisoner resides for the time being];

(b) where the prisoner is under the age of 22, a social worker of the F17 ... local authority within whose area the prisoner resides for the time being; or

(c) where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.]

[F18 (3) The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except—

(a) in accordance with recommendations of the Parole Board, or

(b) where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).]

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by [F20 section 259 of the Criminal Justice Act 2003]), subsection (2) above shall have effect as if [F21 subsection (2A) above] were omitted.

Textual Amendments

F9 Words in s. 31(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F10 Words in s. 31(1) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(b)

F11 S. 31(1A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F12 Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch. 10; S.I. 1998/2327, art. 3(1)(b)(c), Sch. 1; S.I. 2000/924, art. 3

F13 S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch. 1; S.I. 2000/924, art. 3

F14 Words in s. 31(2A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F15 Words in s. 31(2A)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 53

F16 Words in s. 31(2A)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(2)

F17 Words in s. 31(2A)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)

F18 S. 31(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 1 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

F19 S. 31(4) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 83(3), Sch. 37 Pt. 8

F20 Words in s. 31(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 83(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F21 Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).

Modifications etc. (not altering text)

C6 S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

C7 S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a)

S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).

[F22 31A Imprisonment or detention for public protection: termination of licences E+W

(1) This section applies to a prisoner who—

(a) is serving one or more preventive sentences, and

(b) is not serving any other life sentence.

(2) Where—

(a) the prisoner has been released on licence under this Chapter; and

(b) the qualifying period has expired,

the Secretary of State shall, if directed to do so by the Parole Board, order that the licence is to cease to have effect.

(3) Where—

(a) the prisoner has been released on licence under this Chapter;

(b) the qualifying period has expired; and

(c) if he has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,

the prisoner may make an application to the Parole Board under this subsection.

(4) Where an application is made under subsection (3) above, the Parole Board—

(a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;

(b) shall otherwise dismiss the application.

(5) In this section—

• “preventive sentence” means a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act [F23 (including such a sentence of imprisonment [F24 or detention in a young offender institution] or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006)];

• “the qualifying period”, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.]

Textual Amendments

F22 S. 31A inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 2; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F23 Words in s. 31A(5) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 141; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F24 Words in s. 31A(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(10)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

32 Recall of life prisoners while on licence. E+W

[F25 (1) The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.]

(3) A life prisoner recalled to prison under [F26 this section]—

(a) may make representations in writing with respect to his recall; and

(b) on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

(4) The Secretary of State shall refer to the Parole Board [F27 the case of a life prisoner recalled under this section].

[F28 (5) Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.]

(6) On the revocation of the licence of any life prisoner under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Textual Amendments

F25 S. 32(1) substituted for s. 32(1)(2) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(2), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F26 Words in s. 32(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(3), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F27 Words in s. 32(4) substituted for s. 32(4)(a)(b) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(4), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F28 S. 32(5) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 84

Modifications etc. (not altering text)

C8 S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

[F29 32ZA Offence of remaining unlawfully at large after recall E+W

(1) A person recalled to prison under section 32 commits an offence if the person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate address, and

(b) a period specified in the notice has elapsed.

(3) In subsection (2) “an appropriate address” means—

(a) an address at which, under the person's licence, the person is permitted to reside or stay, or

(b) an address nominated, in accordance with the person's licence, for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b) the person has failed to comply with such an instruction, and

(c) the person has not complied with such an instruction for at least 6 months.

(5) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

(6) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.

(7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]

Textual Amendments

F29 S. 32ZA inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 12(1), 95(1) (with s. 12(3)); S.I. 2015/778, art. 3, Sch. 1 para. 8

[F30 Persons liable to removal from the United Kingdom E+W

Textual Amendments

F30 Ss. 32A, 32B and cross-heading inserted (1.5.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 119, 151(2)(b) (with Sch. 15)

32A Removal of prisoners liable to removal from United Kingdom E+W

(1) Where P—

(a) is a life prisoner in respect of whom a minimum term order has been made, and

(b) is liable to removal from the United Kingdom,

the Secretary of State may remove P from prison under this section at any time after P has served the relevant part of the sentence (whether or not the Parole Board has directed P's release under section 28).

(2) But if P is serving two or more life sentences—

(a) this section does not apply to P unless a minimum term order has been made in respect of each of those sentences; and

(b) the Secretary of State may not remove P from prison under this section until P has served the relevant part of each of them.

(3) If P is removed from prison under this section—

(a) P is so removed only for the purpose of enabling the Secretary of State to remove P from the United Kingdom under powers conferred by—

(i) Schedule 2 or 3 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act 1999, and

(b) so long as remaining in the United Kingdom, P remains liable to be detained in pursuance of the sentence.

(4) So long as P, having been removed from prison under this section, remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 28 or 30 is exercisable in relation to P as if P were in prison.

(5) In this section—

• “liable to removal from the United Kingdom” has the meaning given by section 259 of the Criminal Justice Act 2003;

• “the relevant part” has the meaning given by section 28.

32B Re-entry into United Kingdom of offender removed from prison E+W

(1) This section applies if P, having been removed from prison under section 32A, is removed from the United Kingdom.

(2) If P enters the United Kingdom—

(a) P is liable to be detained in pursuance of the sentence from the time of P's entry into the United Kingdom;

(b) if no direction was given by the Parole Board under subsection (5) of section 28 before P's removal from prison, that section applies to P;

(c) if such a direction was given before that removal, P is to be treated as if P had been recalled to prison under section 32.

(3) A person who is liable to be detained by virtue of subsection (2)(a) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.

(4) Subsection (2)(a) does not prevent P's further removal from the United Kingdom.]

Miscellaneous and supplemental E+W

F31 33 Life prisoners transferred to England and Wales. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 S. 33 repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 303(b)(ii), 336(2), Sch. 37 Pt. 8

34 Interpretation of Chapter II. E+W

(1) In this Chapter “life prisoner” means a person serving one or more life sentences [F32 and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003]; F33 ...

(2) In this section “life sentence” means any of the following imposed for an offence, whether committed before or after the commencement of this Chapter, namely—

(a) a sentence of imprisonment for life;

(b) a sentence of detention during Her Majesty’s pleasure or for life under [F34 section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000]; and

(c) a sentence of custody for life under [F34 section 93 or 94 of that Act].

[F35 (d) a sentence of imprisonment [F36 or detention in a young offender institution] for public protection under section 225 of the Criminal Justice Act 2003 [F37 (including one passed as a result of section 219 of the Armed Forces Act 2006], F38 ...

(e) a sentence of detention for public protection under section 226 of that Act [F39 (including one passed as a result of section 221 of the Armed Forces Act 2006)].]

[F40 (f) a sentence of detention for life under section 209 of the Armed Forces Act 2006;

(g) a sentence under section 218 of that Act (detention at Her Majesty's pleasure).]

F41 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42 (4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.]

Textual Amendments

F32 Words in s. 34(1) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 273(4), 336(2)

F33 Word in s. 34(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3)(d), Sch. 7 Pt. II para. 138, Sch. 8

F34 Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)

F35 S. 34(2)(d)(e) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 3; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F36 Words in s. 34(2)(d) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(10)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F37 Words in s. 34(2)(d) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F38 Word in s. 34(2)(d) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F39 Words in s. 34(2)(e) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F40 S. 34(2)(f)(g) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F41 S. 34(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(3), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F42 S. 34(4) inserted (30.9.1998) by 1998 c. 37, ss. 101(2), 120(1), Sch. 9 para. 11; S.I. 1998/2327, art. 2(1)(v).

Modifications etc. (not altering text)

C9 S. 34: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

C10 S. 34(1) extended (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 17

C11 S. 34(2) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 40