Part II Effect of custodial sentences
Chapter II Life sentences
F1Referral of release decisions to High Court
32ZACPowers of the High Court
(1)
On a referral of a prisoner’s case under section 32ZAA, F2and unless subsection (2B) applies on the referral, the High Court—
(a)
must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner on licence;
(b)
otherwise, must make an order quashing the Parole Board’s direction to release the prisoner on licence.
(2)
An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release.
F3(2A)
Subsection (2B) applies on a referral of a prisoner’s case under section 32ZAA if, by virtue of section 31A(4F)(a), the Parole Board has directed the Secretary of State to release the prisoner unconditionally.
(2B)
The High Court—
(a)
must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner unconditionally;
(b)
otherwise, must make an order quashing the Parole Board’s direction to release the prisoner unconditionally.
(3)
An order under subsection (1)(b) F4or (2B)(b) has effect as if the prisoner’s case were disposed of by the Parole Board on the date on which the order was made.