Part IIE+W Effect of custodial sentences

Modifications etc. (not altering text)

C1Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)

Chapter IIE+W Life sentences

Modifications etc. (not altering text)

Licences and recallE+W

[F131AImprisonment or detention for public protection: termination of licencesE+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 [F2(whether or not the prisoner has subsequently been recalled to prison under section 32)]; 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.

[F3(3)Where—

(a)the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32);

(b)the qualifying period has expired; and

(c)if the Secretary of State has made a previous reference of the prisoner’s case under this subsection, the period of twelve months beginning with the day of the disposal of that reference has expired,

the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.]

(4)Where [F4a reference] 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 [F5reference].

[F6(4A)A reference under subsection (3) must be made, and a reference under that subsection must be determined by the Parole Board under subsection (4), even if at the time of the reference or determination the prisoner is in prison having been recalled under section 32.

(4B)If at the time of the determination the prisoner is in prison having been recalled under section 32—

(a)subsection (2) does not apply, and

(b)subsection (4)(a) has effect as if it required the Parole Board—

(i)to determine whether it is satisfied that it is not necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventative sentence or sentences, and

(ii)if it is so satisfied, to direct the Secretary of State accordingly.

(4C)Where the Parole Board gives a direction under subsection (4B)(b)(ii)—

(a)if at any time the Board directs the prisoner’s release under section 28, that section has effect in relation to the prisoner as if, in subsection (5), for “to release him on licence” there were substituted “to release the prisoner unconditionally”, and

(b)if at any time the Board directs the prisoner’s release under section 32, that section has effect in relation to the prisoner as if, in subsection (5), for “immediate release on licence” there were substituted “immediate unconditional release”.]

(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 [F7(including such a sentence of imprisonment [F8or 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 [F9(whether or not the prisoner has subsequently been recalled to prison under section 32)], means the period of ten years beginning with the date of his release.]

Textual Amendments

F1S. 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))

F7Words 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

Modifications etc. (not altering text)

C5S. 31A(4) applied (22.7.2019) by The Parole Board Rules 2019 (S.I. 2019/1038), rules 1, 31(4)