Criminal Justice Act 1991

9 (1) This paragraph applies where, in the case of an existing life prisoner, the Secretary of State certifies his opinion that, if— E+W

(a) section 34 of this Act had been in force at the time when he was sentenced; and

(b) the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,

the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

(2) In a case to which this paragraph applies, Part II of this Act except section 35(2) shall apply as if—

(a) the existing life prisoner were a discretionary life prisoner for the purposes of that Part; and

(b) the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate. [F1 and

(c) in section 34 of this Act, paragraph (a) of subsection (6) and subsection (6A) were omitted.]

(3) In this paragraph “existing life prisoner” means a person who, at the commencement of Part II of this Act, is serving one or more of the following sentences, namely—

(a) a sentence of life imprisonment;

(b) a sentence of detention during her Majesty’s pleasure or for life under section 53 of the 1933 Act; or

(c) a sentence of custody for life under section 8 of the 1982 Act.

(4) A person serving two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of Part II of this Act unless the requirements of sub-paragraph (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 of this Act shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

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Amendments (Textual)

F1 Sch. 12 para. 9(2)(c) and the word “and” immediately preceeding it inserted (3.11.1994) by 1994 c. 33, s. 168(1), Sch. 9 para. 46(2).

Modifications etc. (not altering text)

C1 Sch. 12 para. 9 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2), Sch. 5 paras. 9(2)(a)(b), 10(2)(a)(b); S.I. 1997/2200, art. 2(1)(n).

Commencement Information

I1 Sch. 12 para. 9 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.