Part II

Effect of custodial sentences
Chapter II

Life sentences

Licences and recall

Imprisonment or detention for public protection: termination of licences
31A
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
(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
must
, if directed to do so by the Parole Board, order that the licence is to cease to have effect.
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);
and
b
the qualifying period has expired; ...
c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.
4
Where a reference is made under subsection (3) above—
a
the Parole Board must direct the Secretary of State to make an order that the licence is to cease to have effect, unless
paragraph (b)
applies;
b
if the Parole Board is satisfied that it is necessary for the protection of the public that the licence should remain in force, it must dismiss the reference.
4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4D
The reference under subsection (3) must not be made, and a reference under that subsection must not be determined by the Parole Board under
subsection (4)
, if at the time the reference or determination would otherwise be made the prisoner is in prison having been recalled under section 32.
4E
Subsection (4F)
applies where—
a
but for
subsection (4D)
, a reference of the prisoner’s case would have been made under subsection (3) or determined by the Parole Board under
subsection (4)
,
b
the Secretary of State has referred the prisoner’s case to the Parole Board under section 28 or 32, and
c
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
4F
Where this subsection applies—
a
the Parole Board must direct the Secretary of State to release the prisoner unconditionally, unless
paragraph (b)
applies;
b
if the Parole Board is satisfied that it is necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventive sentence or sentences, it must not give a direction under
paragraph (a)
.
4G
Where the Parole Board gives a direction under
subsection (4F)
(a)
—
a
section 28(5) has effect in relation to the prisoner as if for “release him on licence” there were substituted
“release the prisoner unconditionally”
;
b
section 32(5) has effect in relation to the prisoner as if for “give effect to the direction” there were substituted
“release the prisoner unconditionally”
.
4H
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
the prisoner’s licence has remained in force for a continuous period of two years—
i
beginning not before the qualifying period expired, and
ii
ending after the coming into force of
section 66
(3)
(d)
of the Victims and Prisoners Act 2024,
the Secretary of State must order that the licence is to cease to have effect.
5
In this section—
- “
preventive sentence
” means—
  1. a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or
  2. a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);
- “
the qualifying period
”, in relation to a prisoner who has been released on licence
(whether or not the prisoner has subsequently been recalled to prison under section 32)
, means
—
  1. if the prisoner was not at any time in the period of two years beginning with the date of the prisoner’s release serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over, that two year period;
  2. otherwise, the period of three years beginning with the date of the prisoner’s release.
6
The Secretary of State may by regulations made by statutory instrument amend subsection (5) to change the length of the qualifying period for the time being specified in paragraph (a) or (b) of the definition of “the qualifying period”.
7
A statutory instrument containing regulations under
subsection (6)
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
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
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)
S. 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))
S. 31A(4) applied (22.7.2019) by The Parole Board Rules 2019 (S.I. 2019/1038), rules 1, 31(4)
S. 31A(3) applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(9)(10), 208(5)(o)
Words in s. 31A(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(6), 208(5)(o)
Words in s. 31A(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(2), 208(5)(o)
S. 31A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(3), 208(5)(o)
S. 31A(4)-(4C) applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(7)(8), 208(5)(o)
S. 31A(4D)-(4H) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(d), 81(2); S.I. 2024/966, reg. 3(1)(a)
S. 31A(6)(7) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(f), 81(2); S.I. 2024/966, reg. 3(1)(a)
Words in s. 31A(5) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(e)(i), 81(2); S.I. 2024/966, reg. 3(1)(a)
S. 31A(4) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(c), 81(2); S.I. 2024/966, reg. 3(1)(a)
Word in s. 31A(2) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)
Word in s. 31A(3)(a) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(b)(i), 81(2); S.I. 2024/966, reg. 3(1)(a)
S. 31A(3)(c) and word omitted (1.11.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(b)(ii), 81(2); S.I. 2024/966, reg. 3(1)(a)
S. 31A(4A)-(4C) omitted (1.11.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(d), 81(2); S.I. 2024/966, reg. 3(1)(a)
Words in s. 31A(5) substituted (1.11.2024 for specified purposes, 1.2.2025 in so far as not already in force) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(e)(ii), 81(2); S.I. 2024/966, regs. 3(2), 4