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by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.2(3) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).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by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).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c. 43, ss. 56(1), 57(2), Sch. 5 paras. 2(7), 3(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).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
I2C232 The Parole Board.
F11
The Parole Board shall be, by that name, a body corporate and as such shall .
F2a
be constituted in accordance with this Part; and
b
have F3the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter.
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 F3this Part or Chapter II 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 F3this Part or Chapter II 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 F3this Part or Chapter II; 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
I3C333 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
C4b
to release him on licence if that sentence is for a term of twelve months or more.
C52
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.
C63
As soon as a short-term or long-term prisoner who—
a
has been released on licence under F4this Part; and
b
has been recalled to prison under section F439(1) or (2) 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 F5on licence.
F63A
In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of F7section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).
F84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F24C1533AF24 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.
F934. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27C1634A Power to release short-term prisoners on licence.
1
Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner F30. . . 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 F28section 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
the sentence was imposed under F28 paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 in a case where the prisoner had failed to comply with a requirement of a curfew order;
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;
F29da
the prisoner is subject to the notification requirements of Part I of the M3Sex Offenders Act 1997;
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;
g
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 F28 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 F31eighteen 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.
I4C7F1035 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.
F102
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5C9F1136 Power to release prisoners on compassionate grounds.
F111
The Secretary of State may at any time release a F12short-term or long-term 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 F11. . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.
I6C1037Duration and conditions of licences.
C11C12C131
Subject to F14subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to F15. . . 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.
F161A
Where a prisoner is released on licence under section 33(3) or (3A) 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 whole of that sentence.
F171B
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.
C112
Where a prisoner whose sentence is for a term of less than twelve months is released on licence under F18section 34A(3) or 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.
F133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F134
F214A
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
F22an officer of a local probation board 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.
F23C145
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.
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.
F2537AF25 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;
F267
In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.
Misbehaviour after release
F3438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4138AF41 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.
I7C17F3539 Recall of long-term and life prisoners while on licence.
1
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—
F35a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
recommends in the case of any F35. . . person,
his immediate release on licence under this section, the Secretary of State shall give effect to the F35. . . recommendation.
F375A
In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.
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.
F3840. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39C1840AF39 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 F40section 116 of the Powers of Criminal Courts (Sentencing) Act 2000; 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
I8C1941 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 M4Criminal 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.
I9C2042 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
I10C2143 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 F42section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000, as it applies to persons serving equivalent sentences of imprisonment.
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
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, F44section 37(4A) above shall have effect as if the reference to supervision by F45an officer of a local probation board included a reference to supervision by a social worker of a local authority social services department.
F47C2244F46 Extended sentences for sexual or violent offenders.
1
This section applies to a prisoner serving an extended sentence within the meaning of F48section 85 of the Powers of Criminal (Sentencing) Act 2000.
2
Subject to the provisions of this section and section 51(2D) below, this Part, except F48section 40A, shall have effect as if the term of the extended sentence did not include the extension period.
C233
Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
C244
Where, apart from this subsection, the prisoner would be released unconditionally—
a
he shall be released on licence; and
b
the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
5
The extension period shall be taken to begin as follows—
a
for the purposes of subsection (3) above, on the date given by section 37(1) above;
b
for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.
6
Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.
7
For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.
8
In this section “extension period” has the same meaning as in F48section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.
F5844A Re-release of prisoners serving extended sentences.
1
This section applies to a prisoner serving an extended sentence within the meaning of F59section 85 of the Powers of the Criminal Courts (Sentencing) Act 2000 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.
I11F49C2545 Fine defaulters and contemnors.
C261
Subject to subsection (2) below, this Part (F50except sections 33A, 34A F51 and 35 above) applies to persons committed to prison or to be detained under F51section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—
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 F52subsections (1) to (3) 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 F52section 39(1) or (2) 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
F53. . .
b
any revocation under section F54section 39(1) or (2)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.
I12C2746 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, F55section 37 above shall have effect as if subsection (4A) were omitted .
3
A person is liable to removal from the United Kingdom for the purposes of this section if—
C28a
he is liable to deportation under section 3(5) of the M5Immigration 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.
I13C2947 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 M6Extradition 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 M7Backing of Warrants (Republic of Ireland) Act 1965;
- v
F56in 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 M8Extradition Act 1989;
“designated Commonwealth country” has the meaning given by section 5(1) of that Act.
I14F5748Life 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 M11Repatriation 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
I1549 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.
I1650 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 F60(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).
F613
In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.
F624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I1751 Interpretation of Part II.
1
In this Part—
“the Board” means the Parole Board;
F63. . .
F63. . .
“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 F64the Powers of Criminal Courts (Sentencing) Act 2000.
F652
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 if—
a
the sentences were passed on the same occasion; or
b
where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.
2A
Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.
2B
Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—
a
nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;
b
nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;
c
on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; F66. . .
F66d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2C
Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the M12Crime (Sentences) Act 1997), nothing in this Part shall—
a
require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or
b
require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.
2D
Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of F67section 85 of the Powers of Criminal Courts (Sentencing) Act 2000) included the extension period (within the meaning of that section).
F683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F694
Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that 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)).