I1C1Part II Early Release of Prisoners
Pt. II (ss. 32-51) applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(4), 9(5),Sch. 5 paras. 9(1)(c)(2)(c), 10(1)(d)(2)(c); S.I. 1997/2200, art. 2(1).
Pt. II (ss. 32-51) modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.2(3) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) applied (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) excluded (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 paras. 2(7), 3(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) modified (1.4.2000) by 1998 c. 37, s.79(3)(4); S.I. 1999/3426, art. 3 (subject to art. 4 of the said S.I.)
Pt. II (ss. 32-51) applied (30.9.1998) by 1998 c. 37, s.102; S.I. 1998/2327, art.2(1)(v).
Pt. II (ss. 32-51) modified (25.8.2000) by 2000 c. 6, ss. 116(6)(a), 168
Pt. II (ss. 32-51) excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
Preliminary
I232 The Parole Board.
1
There shall continue to be a body to be known as the Parole Board (“the Board”) which shall discharge the functions conferred on it by this Part.
2
It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.
3
The Board shall deal with cases as respects which it makes recommendations under this Part on consideration of—
a
any documents given to it by the Secretary of State; and
b
any other oral or written information obtained by it,
and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.
4
The Board shall deal with cases as respects which it gives directions under this Part on consideration of all such evidence as may be adduced before it.
5
Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
6
The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part; and in giving any such directions the Secretary of State shall in particular have regard to—
a
the need to protect the public from serious harm from offenders; and
b
the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
7
Schedule 5 to this Act shall have effect with respect to the Board.
New arrangements for early release
I3C233 Duty to release short-term and long-term prisoners.
1
As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—
a
to release him unconditionally if that sentence is for a term of less than twelve months; and
C3b
to release him on licence if that sentence is for a term of twelve months or more.
C42
As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.
3
As soon as a short-term or long-term prisoner who—
a
has been released on licence under subsection (1)(b) or (2) above or section 35 or 36(1) below; and
b
has been recalled to prison under section 38(2) or 39(1) below,
would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
4
Where a prisoner whose sentence is for a term of less than twelve months has been released on licence under section 36(1) below and recalled to prison under section 38(2) below, subsection (3) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.
5
In this Part—
“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.
F3C1133AF3 Duty to release prisoners: special cases.
1
As soon as a prisoner—
a
whose sentence is for a term of less than twelve months; and
b
who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
2
As soon as a prisoner—
a
whose sentence is for a term of twelve months or more; and
b
who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
3
In the case of a prisoner who—
a
has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and
b
has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,
section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.
I4C534 Duty to release discretionary life prisoners.
1
A life prisoner is a discretionary life prisoner for the purposes of this Part if—
a
his sentence was imposed for a violent or sexual offence the sentence for which is not fixed by law; and
b
the court by which he was sentenced for that offence ordered that this section should apply to him as soon as he had served a part of his sentence specified in the order.
2
A part of a sentence so specified shall be such part as the court considers appropriate taking into account—
a
the seriousness of the offence, or the combination of the offence and other offences associated with it; and
b
the provisions of this section as compared with those of section 33(2) above and section 35(1) below.
C63
As soon as, in the case of a discretionary life prisoner—
a
he has served the part of his sentence specified in the order (“the relevant part”); and
b
the Board has directed his release under this section,
it shall be the duty of the Secretary of State to release him on licence.
4
The Board shall not give a direction under subsection (3) above with respect to a discretionary life prisoner unless—
a
the Secretary of State has referred the prisoner’s case to the Board; and
b
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
C65
A discretionary life prisoner may require the Secretary of State to refer his case to the Board at any time—
a
after he has served the relevant part of his sentence; and
b
where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and
c
where he is also serving a sentence of imprisonment for a term, after he has served one-half of that sentence;
and in this subsection “previous reference” means a reference under subsection (4) above or section 39(4) below made after the prisoner had served the relevant part of his sentence.
6
In determining for the purpose of subsection (3) or (5) above whether a discretionary life prisoner has served the relevant part of his sentence,
F1a
account shall be taken of any corresponding relevant period; but
b
no account shall be taken of any time during which the prisoner was unlawfully at large within the meaning of section 49 of the Prison Act 1952 (“the 1952 Act”).
F26A
In subsection (6)(a) above, “corresponding relevant period” means the period corresponding to the period by which a determinate sentence of imprisonment imposed on the offender would fall to be reduced under section 67 of the Criminal Justice Act 1967 (reduction of sentences to take account of police detention or remands in custody).
7
In this Part “life prisoner” means a person serving one or more sentences of life imprisonment; but—
a
a person serving two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and
b
subsections (3) and (5) above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
F5C1234A Power to release short-term prisoners on licence.
1
Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner F8. . . is serving a sentence of imprisonment for a term of three months or more.
2
Subsection (3) below does not apply where—
a
the sentence is an extended sentence within the meaning of F6section 85 of the Powers of Criminal Courts (Sentencing) Act 2000;
b
the sentence is for an offence under section 1 of the M1Prisoners (Return to Custody) Act 1995;
c
d
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the M2Mental Health Act 1983;
F7da
the prisoner is subject to the notification requirements of F12Part 2 of the Sexual Offences Act 2003 ;
e
the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;
f
the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;
C13g
the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;
h
the prisoner has been returned to prison under F6 section 116 of the Powers of Criminal Courts (Sentencing) Act 2000at any time; or
j
the interval between—
i
the date on which the prisoner will have served the requisite period for the term of the sentence; and
ii
the date on which he will have served one-half of the sentence,
is less than 14 days.
3
After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.
4
In this section “the requisite period” means—
a
for a term of three months or more but less than four months, a period of 30 days;
b
for a term of four months or more but less than F9eighteen months , a period equal to one-quarter of the term;
5
The Secretary of State may by order made by statutory instrument—
a
repeal the words “aged 18 or over” in subsection (1) above;
b
amend the definition of “the requisite period” in subsection (4) above; and
c
make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.
6
No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
I5C735 Power to release long-term and life prisoners.
C81
After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence.
2
If recommended to do so by the Board, the Secretary of State may, after consultation with the Lord Chief Justice together with the trial judge if available, release on licence a life prisoner who is not a discretionary life prisoner.
3
The Board shall not make a recommendation under subsection (2) above unless the Secretary of State has referred the particular case, or the class of case to which that case belongs, to the Board for its advice.
I636 Power to release prisoners on compassionate grounds.
1
The Secretary of State may at any time release a prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
2
Before releasing a long-term or life prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.
I7C937 Duration and conditions of licences.
C101
Subject to subsection (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to any suspension under section 38(2) below or, as the case may be, any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.
C102
Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.
3
Where a life prisoner is released on licence, the licence shall, unless previously revoked under section 39(1) or (2) below, remain in force until his death.
4
A person subject to a licence shall comply with such conditions (which shall include on his release conditions as to his supervision by a probation officer) as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.
5
The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term or life prisoner, or vary or cancel any such condition, except—
a
in the case of the inclusion of a condition in the licence of a discretionary life prisoner, in accordance with recommendations of the Board; and
b
in any other case, after consultation with the Board.
6
For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.
7
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F437AF4 Curfew condition to be included in licence under section 34A.
1
A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which—
a
requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and
b
includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.
2
The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
3
The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.
4
The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
5
The power conferred by subsection (4) above—
a
shall be exercisable by statutory instrument; and
b
shall include power to make different provision for different cases or classes of case or for different areas.
6
Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales;
7
In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.
Misbehaviour after release
I8C1438 Breach of licence conditions by short-term prisoners.
1
A short-term prisoner—
a
who is released on licence under this Part; and
b
who fails to comply with such conditions as may for the time being be specified in the licence,
shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
The magistrates’ court by which a person is convicted of an offence under subsection (1) above may, whether or not it passes any other sentence on him—
a
suspend the licence for a period not exceeding six months; and
b
order him to be recalled to prison for the period during which the licence is so suspended.
3
On the suspension of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
F1738AF17 Breach of curfew condition.
1
If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above—
a
that he has failed to comply with the curfew condition;
b
that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or
c
that it is necessary to do so in order to protect the public from serious harm from him,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.
2
A person whose licence under section 34A(3) above is revoked under this section—
a
may make representations in writing with respect to the revocation;
b
on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.
3
The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.
4
Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.
5
On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
6
In this section “the curfew condition” has the same meaning as in section 37A above.
I9C1539 Recall of long-term and life prisoners while on licence.
1
If recommended to do so by the Board in the case of a long-term or life prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.
2
The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.
3
A person recalled to prison under subsection (1) or (2) above—
a
may make representations in writing with respect to his recall; and
b
on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.
4
The Secretary of State shall refer to the Board—
a
the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and
b
the case of a person recalled under subsection (2) above.
5
Where on a reference under subsection (4) above the Board—
a
directs in the case of a discretionary life prisoner; or
b
recommends in the case of any other person,
his immediate release on licence under this section, the Secretary of State shall give effect to the direction or recommendation.
6
On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
I10C1640 Convictions during currency of original sentences.
1
This section applies to a short-term or long-term prisoner who is released under this Part if—
a
before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment; and
b
whether before or after that date, he is convicted of that offence (“the new offence”).
2
Subject to subsection (3) below, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison for the whole or any part of the period which—
a
begins with the date of the order; and
b
is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
3
A magistrates’ court—
a
shall not have power to order a person to whom this section applies to be returned to prison for a period of more than six months; but
4
The period for which a person to whom this section applies is ordered under subsection (2) above to be returned to prison—
a
shall be taken to be a sentence of imprisonment for the purposes of this Part;
b
shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and
c
in either case, shall be disregarded in determining the appropriate length of that sentence.
F16C1740AF16 Release on licence following return to prison.
1
This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—
a
includes, or consists of, an order under section 40 above; and
b
is for a term of twelve months or less.
2
As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.
3
Where the person is so released, the licence shall remain in force for a period of three months.
4
If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—
a
to a fine not exceeding level 3 on the standard scale; or
b
to a sentence of imprisonment for a term not exceeding the relevant period,
but not liable to be dealt with in any other way.
5
In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.
6
As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.
Remand time and additional days
I11C1841 Remand time to count towards time served.
1
This section applies to any person whose sentence falls to be reduced under section 67 of the M3Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).
2
For the purpose of determining for the purposes of this Part—
a
whether a person to whom this section applies has served one-half or two-thirds of his sentence; or
b
whether such a person would (but for his release) have served three-quarters of that sentence,
the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.
3
Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—
a
one-quarter of his sentence in the case of a short-term prisoner; or
b
one-twelfth of his sentence in the case of a long-term prisoner.
I12C1942 Additional days for disciplinary offences.
1
Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—
a
to short-term or long-term prisoners; or
b
conditionally on their subsequently becoming such prisoners, to persons on remand,
who (in either case) are guilty of disciplinary offences.
2
Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—
a
any period which he must serve before becoming entitled to or eligible for release under this Part; and
b
any period for which a licence granted to him under this Part remains in force,
shall be extended by the aggregate of those additional days.
Special cases
I1343 Young offenders.
1
Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 53 of of the 1933 Act, as it applies to persons serving equivalent sentences of imprisonment.
2
Subject to subsection (5) below, this Part applies to persons serving—
a
sentences of detention during Her Majesty’s pleasure or for life under section 53 of the 1933 Act; or
b
sentences of custody for life under section 8 of the 1982 Act,
as it applies to persons serving sentences of imprisonment for life.
3
References in this Part to prisoners (whether short-term, long-term or life prisoners), or to prison or imprisonment, shall be construed in accordance with subsections (1) and (2) above.
4
In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—
a
to release him unconditionally if his sentence is for a term of twelve months or less; and
b
to release him on licence if that sentence is for a term of more than twelve months.
5
In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4) above shall have effect as if the reference to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department.
I14C2044 Sexual offenders.
Where, in the case of a long-term or short-term prisoner—
a
the whole or any part of his sentence was imposed for a sexual offence; and
b
the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) above, ordered that this section should apply,
sections 33(3) and 37(1) above shall each have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.
F2044A Re-release of prisoners serving extended sentences.
1
This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above.
2
Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.
3
Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.
4
On a reference—
a
under this section; or
b
under section 39(4) above,
the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).
5
If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.
I15F18C2145 Fine defaulters and contemnors.
1
Subject to subsection (2) below, this Part (except sections 35 and 40 above) applies to persons committed to prison or to be detained under section 9 of the 1982 Act—
a
in default of payment of a sum adjudged to be paid by a conviction; or
b
for contempt of court or any kindred offence,
as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.
2
In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.
3
In section 33 above, for subsections (1) to (4) there shall be substituted the following subsections—
1
As soon as a person committed as mentioned in section 45(1) below has served the appropriate proportion of his term, that is to say—
a
one-half, in the case of a person committed for a term of less than twelve months;
b
two-thirds, in the case of a person committed for a term of twelve months or more,
it shall be the duty of the Secretary of State to release him unconditionally.
2
As soon as a person so committed who—
a
has been released on licence under section 36(1) below; and
b
has been recalled under section 38(2) or 39(1) below,
would (but for his release) have served the appropriate proportion of his term, it shall be the duty of the Secretary of State to release him unconditionally.
4
In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—
1
Where a person committed as mentioned in section 45(1) below is released on licence under section 36(1) above, the licence shall, subject to—
a
any suspension under section 38(2) below; or
b
any revocation under section 39(1) below,
continue in force until the date on which he would (but for his release) have served the appropriate proportion of his term; and in this subsection “appropriate proportion” has the meaning given by section 33(1) above.
I16C2246 Persons liable to removal from the United Kingdom.
1
In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.
2
In relation to a person who is liable to removal from the United Kingdom, section 37(4) above shall have effect as if the words in parentheses were omitted.
3
A person is liable to removal from the United Kingdom for the purposes of this section if—
a
he is liable to deportation under section 3(5) of the M4Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
b
he is liable to deportation under section 3(6) of that Act;
c
he has been notified of a decision to refuse him leave to enter the United Kingdom; or
d
he is an illegal entrant within the meaning of section 33(1) of that Act.
46AEarly removal of persons liable to removal from United Kingdom
1
Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period.
2
Subsection (1) above does not apply where—
a
the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000,
b
the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995,
c
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983,
d
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or
e
the interval between—
i
the date on which the prisoner will have served the requisite period for the term of the sentence, and
ii
the date on which he will have served one-half of the sentence,
is less than 14 days.
3
A prisoner removed from prison under this section—
a
is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
i
Schedule 2 or 3 to the Immigration Act 1971, or
ii
section 10 of the Immigration and Asylum Act 1999, and
b
so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above.
4
So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison.
5
In this section “the requisite period” means—
a
for a term of three months or more but less than four months, a period of 30 days;
b
for a term of four months or more but less than 18 months, a period equal to one-quarter of the term;
c
for a term of 18 months or more, a period that is 135 days less than one-half of the term.
6
The Secretary of State may by order made by statutory instrument—
a
amend the definition of “the requisite period” in subsection (5) above,
b
make such transitional provision as appears to him necessary or expedient in connection with the amendment.
7
No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
8
In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997.
46BRe-entry into United Kingdom of offender removed early from prison
1
This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence.
2
If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—
a
the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
b
his sentence expiry date.
3
A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.
4
Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection.
5
Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period.
6
If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence.
7
If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State—
a
if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and
b
if he is recalled after that date, to release him on the sentence expiry date.
8
A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date.
9
In this section—
“further custodial period” has the meaning given by subsection (2)(a) above;
“outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date on which he was removed from the United Kingdom and ending with the date on which (but for his removal) he would have served one-half of his sentence;
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which (but for his removal from the United Kingdom) he would have served the whole of this sentence.
I17C2347 Persons extradited to the United Kingdom.
1
A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—
a
he was tried for the offence in respect of which his sentence was imposed—
i
after having been extradited to the United Kingdom; and
ii
without having first been restored or had an opportunity of leaving the United Kingdom; and
b
he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.
2
If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.
3
The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.
4
In this section—
“extradited to the United Kingdom” means returned to the United Kingdom—
- i
in pursuance of extradition arrangements;
- ii
under any law of a designated Commonwealth country corresponding to the M5Extradition Act 1989;
- iii
under that Act as extended to a colony or under any corresponding law of a colony; or
- iv
in pursuance of a warrant of arrest endorsed in the Republic of Ireland under the law of that country corresponding to the M6Backing of Warrants (Republic of Ireland) Act 1965;
- v
F19in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;
- i
“extradition arrangements” has the meaning given by section 3 of the M7Extradition Act 1989;
“designated Commonwealth country” has the meaning given by section 5(1) of that Act.
I1848 Life prisoners transferred to England and Wales.
1
This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—
a
he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and
b
the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,
the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
2
In a case to which this section applies, this Part except section 35(2) above shall apply as if—
a
the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and
b
the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.
3
In this section “transferred life prisoner” means a person—
a
on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and
b
who has been transferred to England and Wales, in pursuance of—
i
ii
a warrant issued by the Secretary of State under the M10Repatriation of Prisoners Act 1984,
there to serve his sentence or sentences or the remainder of his sentence or sentences.
4
A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
Supplemental
I1949 Alteration by order of relevant proportions of sentences.
1
The Secretary of State may by order made by statutory instrument provide—
a
that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order;
b
that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
2
An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.
3
No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
I2050 Transfer by order of certain functions to Board.
1
The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections F21(2) or (3) below shall have effect subject to the modifications so specified.
2
In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above).
3
In section 37 above, in subsection (5)(a) after the words “in the case of” there shall be inserted the words “the licence of a long-term prisoner or”, and subsection (6) shall be omitted.
F224
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
I2151 Interpretation of Part II.
1
In this Part—
“the Board” means the Parole Board;
“discretionary life prisoner” has the meaning given by section 34 above (as extended by section 43(2) above);
“life prisoner” has the meaning given by section 34(7) above (as extended by section 43(2) above);
“long-term prisoner” and “short-term prisoner” have the meanings given by section 33(5) above (as extended by sections 43(1) and 45(1) above);
“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
“sexual offence” and “violent offence” have the same meanings as in Part I of this Act.
2
For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
3
Nothing in this Part shall require the Secretary of State to release a person who is serving—
a
a sentence of imprisonment for a term; and
b
one or more sentences of imprisonment for life,
unless and until he is entitled under this Part to be released in respect of each of those sentences.
4
Subsections (2) and (3) of section 31 above shall apply for the purposes of this Part as they apply for the purposes of Part I of this Act.
Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2 (as repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x)).