SCHEDULES

SCHEDULE 8 Minor and consequential amendments

Criminal Justice Act 1991 (c.53)

I183

1

In subsection (1) of section 37 of the 1991 Act (duration and conditions of licences)—

a

for the words “subsection (2)” there shall be substituted the words “ subsections (1A), (1B) and (2) ”; and

b

the words “any suspension under section 38(2) below or, as the case may be,” shall cease to have effect.

2

After subsection (1A) of that section there shall be inserted the following subsection—

1B

Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—

a

that proportion of his sentence; and

b

the duration of the curfew condition to which he is or was subject.

3

In subsection (2) of that section, for the words “section 36(1) above” there shall be substituted the words “ section 34A(3) or 36(1) above ”.

4

In subsection (4) of that section—

a

after the words “a licence” there shall be inserted the words “ under this Part ”; and

b

the words “(which shall include on his release conditions as to his supervision by a probation officer)” shall cease to have effect.

5

After that subsection there shall be inserted the following subsection—

4A

The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—

a

a probation officer appointed for or assigned to the petty sessions area within which the person resides for the time being; or

b

where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.

6

For subsection (5) of that section there shall be substituted the following subsection—

5

The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.