PART 2SENTENCING

C1C2 CHAPTER 4RELEASE ON LICENCE

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)

Power F4... to release on licence

Annotations:
Amendments (Textual)
F4

Words in art. 19 cross-heading omitted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 12 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 19 cross-heading)

Power to release certain prisoners on compassionate groundsI120

1

The F1Department of Justice may, if satisfied that exceptional circumstances exist which justify the release of a prisoner to whom this Article applies on compassionate grounds, at any time release the prisoner on licence under this Article.

2

This Articles applies to—

a

a fixed-term prisoner; and

b

a prisoner serving an indeterminate custodial sentence.

3

The F2Department of Justice shall, before releasing a prisoner F5to whom Article 18 or 20A applies consult the Parole Commissioners unless the circumstances are such as to render such consultation impracticable.

4

In this Article “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article.

F35

The Secretary of State may notify the Department of Justice that a prisoner is not to be released under this Article without the Secretary of State's agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State's agreement.

6

But the Secretary of State may—

a

give a notification, or

b

refuse his agreement to a release,

only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.