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.