Part II

Effect of custodial sentences
Chapter II

Life sentences

Miscellaneous and supplemental

Life prisoners also serving fixed-term sentence
33A
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.
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. 33A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(1)(b), 208(5)(p)