Part II E+W Effect of custodial sentences

Modifications etc. (not altering text)

C1 Pt. 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 II E+W Life sentences

Modifications etc. (not altering text)

C2 Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2

Release on licence E+W

[F1 28AMurder or manslaughter: prisoner's non-disclosure of information E+W

(1) The Parole Board must comply with this section when making a public protection decision about a life prisoner if—

(a) the prisoner's life sentence was passed for murder or manslaughter;

(b) the Parole Board does not know where and how the victim's remains were disposed of; and

(c) the Parole Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the life prisoner, the Parole Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Parole Board's view, for the prisoner's non-disclosure.

(3) This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision.

(4) In subsection (1)(a)—

(a) the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020;

(b) the reference to murder includes—

(i) murder under the law of Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man, and

(ii) any offence under the law of any other country or territory that corresponds to murder under the law of England and Wales;

(c) the reference to manslaughter includes—

(i) culpable homicide under the law of Scotland,

(ii) manslaughter under the law of Northern Ireland, any of the Channel Islands or the Isle of Man, and

(iii) any offence under the law of any other country or territory that corresponds to manslaughter under the law of England and Wales.

(5) In this section, in relation to a life prisoner—

• “public protection decision” means the decision, made under section 28(6)(b) for the purposes of section 28(5), as to whether the Parole Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “victim” means the victim of the offence for which the prisoner's life sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.]

Textual Amendments

F1 Ss. 28A, 28B inserted (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 1(1), 3(2); S.I. 2020/1537, reg. 2