Prospective
(1)The Crime (Sentences) Act 1997 is amended as follows.
(2)In section 31A (imprisonment or detention for public protection: termination of licences)—
(a)after subsection (3) insert—
“(3A)Where—
(a)the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32),
(b)the qualifying period has expired,
(c)the prisoner’s licence has remained in force for a continuous period of one year beginning not before the qualifying period expired, and
(d)the prisoner requests that the Secretary of State refer their case to the Parole Board,
the Secretary of State must refer the prisoner’s case to the Board under this subsection.
(3B)Only one request may be made under subsection (3A)(d) in any continuous period during which the prisoner’s licence remains in force.”;
(b)in subsection (4), after “(3)” insert “or (3A)”;
(c)in subsection (4D), for the words from “The reference under” to “that subsection” substitute “A reference under subsection (3) or (3A) must not be made, and a reference under either of those subsections”;
(d)in subsection (4E)(a), after “(3)” insert “or (3A)”;
(e)in subsection (5), in the definition of “the qualifying period”, for the words from “means—” to the end of the definition substitute “means the period of two years beginning with the date of the prisoner’s release.”;
(f)in subsection (6)—
(i)omit “paragraph (a) or (b) of”;
(ii)after “the definition of “the qualifying period”” insert “in relation to—
(a)a prisoner who was not at any time, in the period specified in the regulations beginning with the date of the prisoner’s release, serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over;
(b)any other prisoner.”
(3)In section 32 (recall of life prisoners while on licence), in subsection (5C), after “for the purposes of” insert “paragraph (c) of section 31A(3A) (referral to Parole Board) or”.
(4)In section 32ZZA (imprisonment or detention for public protection: powers in relation to release of recalled prisoners), in subsection (4), after “for the purposes of” insert “paragraph (c) of section 31A(3A) (referral to Parole Board) or”.
Commencement Information
I1S. 42 not in force at Royal Assent, see s. 49(1)
(1)Section 32ZAC of the Crime (Sentences) Act 1997 (powers of the High Court on referral of release decision) is amended in accordance with subsections (2) to (4).
(2)In subsection (1), after “section 32ZAA,” insert “and unless subsection (2B) applies on the referral,”.
(3)After subsection (2) insert—
“(2A)Subsection (2B) applies on a referral of a prisoner’s case under section 32ZAA if, by virtue of section 31A(4F)(a), the Parole Board has directed the Secretary of State to release the prisoner unconditionally.
(2B)The High Court—
(a)must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner unconditionally;
(b)otherwise, must make an order quashing the Parole Board’s direction to release the prisoner unconditionally.”
(4)In subsection (3), after “(1)(b)” insert “or (2B)(b)”.
(5)Section 32ZB of the Crime (Sentences) Act 1997 (release at direction of Parole Board: timing) is amended in accordance with subsections (6) and (7).
(6)In subsection (1), after “32ZAC(1)(a)” insert “or (2B)(a)”.
(7)In subsection (2), after “the need” insert “where the life prisoner is to be released on licence”.
(8)The amendments made by this section do not affect the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.