Coroners and Justice Act 2009

Transfer of functions to Parole Board

43 (1) Except as provided by this paragraph—

(a) section 37(5A) of the 1991 Act (as inserted by section 145(3)(b) of this Act) applies to prisoners released on licence under section 35(1) of that Act before (as well as after) commencement, and

(b) the repeal by this Act of section 37(5) and (6) of that Act applies to such prisoners and to prisoners released on licence under section 33(2), (3) or (3A) of that Act before (as well as after) commencement.

(2) The repeal by this Act of section 37(5) of the 1991 Act does not affect its continued application to a prisoner where—

(a) the prisoner is released on licence after commencement under section 33(2), (3) or (3A) or 35(1) of that Act, but

(b) the Parole Board has before commencement exercised the function under section 37(5) of that Act of making recommendations as to any condition to be included or inserted as a condition in the prisoner’s licence (including by making a recommendation that no condition should be included in that licence).

(3) The repeal by this Act of section 37(5) of the 1991 Act does not affect its continued application to a prisoner where, before commencement—

(a) the prisoner has been released on licence under section 33(2), (3) or (3A) or 35(1) of that Act, and

(b) the Parole Board has exercised the function under section 37(5) of that Act of—

(i) making recommendations as to the inclusion or insertion of a condition in the prisoner’s licence (including by making a recommendation that no condition should be included in that licence), or

(ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled).

(4) Nothing in this paragraph applies to a person whose licence has, before commencement, ceased to be in force by virtue of section 37(1) of the 1991 Act.

(5) In this paragraph—

(a) “commencement” means the commencement of section 145(3);

(b) “the 1991 Act” means the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons sentenced for offences committed before 4 April 2005);

(c) the reference in sub-paragraph (1)(a) to section 35(1) of the 1991 Act includes a reference to that provision as modified (for certain long-term prisoners) by the Parole Board (Transfer of Functions) Order 1998 (S.I. 1998/3218);

(d) the references in sub-paragraphs (2)(a) and (3)(a) to section 35(1) are to that provision as so modified;

(e) the references in sub-paragraphs (2) and (3) to section 37(5) of the 1991 Act are to that provision as so modified.