Part IIE+W Effect of custodial sentences

Modifications etc. (not altering text)

C1Pt. 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 IIE+W Life sentences

Modifications etc. (not altering text)

C2Pt. 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

Miscellaneous and supplementalE+W

[F133ALife prisoners also serving fixed-term sentenceE+W

(1)This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender.

(2)Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner.

(3)Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to—

(a)refer the prisoner’s case to the Board, or

(b)release the prisoner.

(4)Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3).

(5)The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require.

(6)In this section “the fixed-term provisions” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.]

Textual Amendments