Part 4

Prisoners

Whole life prisoners prohibited from forming a marriage or civil partnership

Whole life prisoners prohibited from forming a marriage
75
1
After section 2 of the Marriage Act 1949 insert—

Marriages of whole life prisoners
2A
1
A person (“A”) may not marry another person if A—
a
is serving a life sentence in a prison or other place of detention, and
b
is subject to a whole life order.
2
But subsection (1) does not apply if A has permission from the Secretary of State to marry the other person.
3
The Secretary of State may not give permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given.
4
A marriage solemnized in contravention of subsection (1) is void.
5
In this section—
- “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;
- “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.
6
A person is to be treated for the purposes of this section as being subject to a whole life order if—
a
the person is serving a life sentence passed before 18 December 2003,
b
the sentence was passed in circumstances where the sentence was fixed by law,
c
before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and
d
an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
2
In section 27ZA of the Marriage Act 1949 (circumstances in which a notice of marriage is not to be recorded in the marriage register), in paragraph (a), at the appropriate place insert—
- section 27A(3A);
.
3
In section 27A of the Marriage Act 1949 (additional information required in certain cases)—
a
in subsection (3) (case where marriage intended to be solemnized at detained person’s residence)—
i
omit the “and” at the end of paragraph (a);
ii
at the end of paragraph (b) insert
; and
c
stating whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.
;
b
after subsection (3) insert—
3A
Where the relevant person is a detained person who is serving a life sentence and is subject to a whole life order, each notice of marriage required by section 27 of this Act must also be accompanied by a statement made by the Secretary of State not more than twenty-one days before the date on which notice of the marriage is given under section 27 stating that the relevant person has the permission required by section 2A(2).
;
c
in subsection (6), for “or (as the case may be) (3)” substitute “, (3) or (3A)”;
d
in subsection (7), before the definition of “medical statement” insert—
- “life sentence” and “whole life order” have the meanings given by section 2A(5) of this Act and section 2A(6) (persons treated as being subject to a whole life order) applies for the purposes of this section; and
.
4
In section 11(a) of the Matrimonial Causes Act 1973 (grounds on which a marriage is void), omit the “or” at the end of sub-paragraph (ii) and insert—
iia
the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or
.