Criminal Justice Act 1967

[F1 60 Release on licence of persons serving determinate sentences. E+W+S

(1) The Secretary of State may, if recommended to do so by the Parole Board, release on licence a person serving a sentence of imprisonment, other than imprisonment for life [F2 or serving a sentence of youth custody], after he has served not less than one-third of his sentence or [F3 the specified period] whichever expires the later.

[F4 (1A) In subsection (1) of this section “the specified period” means twelve months or such period, not more than twelve months, as the Secretary of State may by order provide.

(1B) An order under subsection (1A) of this section may make such incidental or supplementary provision (including provision amending enactments) as the Secretary of State considers appropriate.]

[F5 (1C) Where a sentence of imprisonment for an offence has been passed on a person with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended)—

(a) if the offender has not been released from prison since the sentence for the offence was passed, the only portion of that sentence that is to be taken into account for the purposes of subsection (1) of this section is any portion of it that he is required to serve in prison under subsection (1) or (3) of the said section 47; and

(b) if he is released from prison but part of his sentence for the offence is subsequently restored under subsection (3) of that section, he shall be treated for the purpose of subsection (1) of this section as if his only sentence for the offence were the part of his sentence so restored.]

(2) A person whose sentence falls to be reduced under section 67 of this Act shall, for the purpose of determining under the foregoing subsection whether he has served one-third of his sentence, be treated as if any period spent in custody. . . F6 and taken into account under that section were included in his sentence and as if he had served that period as part of that sentence.

(3) Without prejudice to his earlier release under subsection (1) of this section the Secretary of State may direct that—

(a) a person serving a sentence of imprisonment in respect of whom an extended sentence certificate was issued when the sentence was passed;. . . F7

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

shall, instead of being granted remission of any part of his sentence under the prison rules, be released on licence at any time on or after the day on which he could have been discharged from prison if the remission had been granted.

. . . F8

(4) A person subject to a licence under this section shall comply with such conditions, if any, as may for the time being be specified in the licence.

(5) The Secretary of State shall consult the Board before including on release, or subsequently inserting, a condition in a licence under this section or varying or cancelling any such condition; and for the purposes of this subsection the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

[F9 (5A) A licence granted to any person under this section in England and Wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence;

(b),(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(d) in a case not within [F11 paragraph (a) above], the remission date.

In this subsection “the remission date”, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.]

(6) A licence granted to any person under this section [F12 in Scotland] shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted. . . F13 to a person who was under the age of twenty-one when sentence was passed on him, the date of the expiration of the sentence;

(b) in any other case, the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.

(7) Section 20 of and Schedule 3 to the M1 Criminal Justice Act 1961 (supervision of discharged prisoners) shall cease to have effect.

(8) In the application of this section to Scotland—

(a) the expression “prison rules” means rules under section 35 of the M2 Prisons (Scotland) Act 1952;

(b) the expression “imprisonment” includes detention in a young offenders institution as defined in section 31(1)(d) of the Prisons (Scotland) Act 1952;

(c) subsection (3)(a) shall be omitted;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 ]

Textual Amendments

F1 Ss. 59, 60 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F2 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(a)

F3 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(a)(i)

F4 S. 60(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(a)(ii)

F5 S. 60(1C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(b)

F6 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

F7 Word “or” and paragraph (b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F8 Proviso added by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977, repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F9 S. 60(5A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977

F10 S. 60(5A)(b) and (c) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F11 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(c)

F12 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977

F13 Words repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 except in relation to a licence granted before 1.12.1977

F14 S. 60(8)(d) repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 except in relation to a licence granted before 1.12.1977

Modifications etc. (not altering text)

C1 S. 60 modified (E.W.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 32(5)

C2 S. 60 modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 2(1)

C3 S. 60(1) amended by Criminal Justice Act 1972 (c. 71), ss. 35(1), 66(7)(a)

Marginal Citations

M1 1961 c. 39.

M2 1952 c. 61.