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Crime (Sentences) Act 1997
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Version Superseded: 03/12/2012
Alternative versions:
- 21/03/1997- Amendment
- 01/10/1997- Amendment
- 30/09/1998- Amendment
- 25/08/2000- Amendment
- 30/11/2000- Amendment
- 01/04/2001- Amendment
- 18/12/2003- Amendment
- 01/04/2005- Amendment
- 04/04/2005- Amendment
- 01/04/2006- Amendment
- 01/04/2008- Amendment
- 14/07/2008- Amendment
- 28/03/2009- Amendment
- 24/04/2009- Amendment
- 31/10/2009- Amendment
- 01/05/2012- Amendment
- 01/05/2012
Point in time - 03/12/2012- Amendment
- 13/04/2015- Amendment
- 22/07/2019- Amendment
- 01/12/2020- Amendment
- 04/01/2021- Amendment
- 28/04/2022- Amendment
- 28/06/2022- Amendment
- 29/06/2022- Amendment
- 07/02/2023- Amendment
Status:
Point in time view as at 01/05/2012.
Changes to legislation:
Crime (Sentences) Act 1997,
Part II is up to date with all changes known to be in force on or before 02 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Part IIE+W Effect of custodial sentences
Modifications etc. (not altering text)
C1Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)
Chapter IE+W Determinate sentences
GeneralE+W
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F1S. 8 repealed (30.9.1998) by 1998 c. 37, s. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 22(1)(w)(3)(x).
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F2S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F39A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F3S. 9A repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Early releaseE+W
F410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F4Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F5Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F6Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F7Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
Additional daysE+W
F814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F8Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F9Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
Supervision after releaseE+W
F1016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F10Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F11Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F12Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
Special casesE+W
F1319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F13Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F14Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F15Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F16Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F17Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F18Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F1925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F19Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
SupplementalE+W
F2026. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F20Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F2127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F21Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
Chapter IIE+W Life sentences
Modifications etc. (not altering text)
C2Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
Release on licenceE+W
28 Duty to release certain life prisoners.E+W
[F22[F23(1A)This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.]
(1B)But if a life prisoner is serving two or more life sentences—
(a)[F24this section does not apply to him] unless [F25a minimum term order has been made in respect of each of those sentences]; and
(b)the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.
(5)As soon as—
(a)a life prisoner to whom this section applies has served the relevant part of his sentence; and]
(b)the Parole Board has directed his release under this section,
it shall be the duty of the Secretary of State to release him on licence.
(6)The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies 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.
(7)A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole 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 or detention for a term, after [F26he has served one-half of that sentence];
and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.
(8)In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the M1Prison Act 1952.
[F27(8A)In this section “minimum term order” means an order under—
(a)subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or
(b)subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).]
F28(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22S. 28(1A)(1B)-(5)(a) substituted for s. 28(1)-(5)(a) (30.11.2000 with effect as mentioned in Sch. 7 para. 145 of the substituting Act) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 136(a)
F23S. 28(1A) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 275(1)(2), 336(2)
F24Words in s. 28(1B)(a) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 275(3)(a), 336(2)
F25Words in s. 28(1B)(a) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 275(3)(b), 336(2)
F26Words in s. 28(7)(c) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 130(2); S.I. 1998/2327, art. 2(2)(ll)
F27S. 28(8A) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 275(1)(4), 336(2)
F28S. 28(9) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 136(b), Sch. 8
Modifications etc. (not altering text)
C3S. 28: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)
C4S. 28 modified (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 16
C5S. 28(1B) modified (30.11.2000) by 2000 c. 43, ss. 74, 80(3)(d), Sch. 7 Pt. II para. 146-148
Marginal Citations
F2929 Power to release other life prisoners.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29S. 29 repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 303(b)(i), 336(2), Sch. 37 Pt. 8
30 Power to release life prisoners on compassionate grounds.E+W
(1)The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
(2)Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.
Modifications etc. (not altering text)
C6S. 30: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)
Licences and recallE+W
31 Duration and conditions of licences.E+W
(1)Where a life prisoner [F30, other than a prisoner to whom section 31A below applies,] is released on licence, the licence shall, unless previously revoked under section 32 F31... below, remain in force until his death.
[F32(1A)Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—
(a)it is previously revoked under section 32(1) or (2) below; or
(b)it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below.]
(2)A life prisoner subject to a licence shall comply with such conditions F33... 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.
[F34(2A)The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—
(a)[F35an officer of a local probation board] appointed for or assigned to the [F36local justice area] within which the prisoner resides for the time being [F37or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the prisoner resides for the time being];
(b)where the prisoner is under the age of 22, a social worker of the F38... local authority within whose area the prisoner resides for the time being; or
(c)where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.]
(3)The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a life prisoner, or vary or cancel any such condition, [F39except in accordance with recommendations of the Parole Board].
F40(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)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.
(6)In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by [F41section 259 of the Criminal Justice Act 2003]), subsection (2) above shall have effect as if [F42subsection (2A) above] were omitted.
Textual Amendments
F30Words in s. 31(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F31Words in s. 31(1) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(b)
F32S. 31(1A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F33Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch. 10; S.I. 1998/2327, art. 3(1)(b)(c), Sch. 1; S.I. 2000/924, art. 3
F34S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch. 1; S.I. 2000/924, art. 3
F35Words in s. 31(2A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F36Words in s. 31(2A)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 53
F37Words in s. 31(2A)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(2)
F38Words in s. 31(2A)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)
F39Words in s. 31(3) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 83(2)
F40S. 31(4) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 83(3), Sch. 37 Pt. 8
F41Words in s. 31(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 83(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F42Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).
Modifications etc. (not altering text)
C7S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1
C8S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a)
S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).
[F4331AImprisonment or detention for public protection: termination of licencesE+W
(1)This section applies to a prisoner who—
(a)is serving one or more preventive sentences, and
(b)is not serving any other life sentence.
(2)Where—
(a)the prisoner has been released on licence under this Chapter; and
(b)the qualifying period has expired,
the Secretary of State shall, if directed to do so by the Parole Board, order that the licence is to cease to have effect.
(3)Where—
(a)the prisoner has been released on licence under this Chapter;
(b)the qualifying period has expired; and
(c)if he has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,
the prisoner may make an application to the Parole Board under this subsection.
(4)Where an application is made under subsection (3) above, the Parole Board—
(a)shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;
(b)shall otherwise dismiss the application.
(5)In this section—
“preventive sentence” means a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act [F44(including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006)];
“the qualifying period”, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release.]
Textual Amendments
F43S. 31A inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 2; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F44Words in s. 31A(5) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 141; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
32 Recall of life prisoners while on licence.E+W
[F45(1)The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.]
(3)A life prisoner recalled to prison under [F46this section]—
(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 Parole Board [F47the case of a life prisoner recalled under this section].
[F48(5)Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.]
(6)On the revocation of the licence of any life prisoner 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.
Textual Amendments
F45S. 32(1) substituted for s. 32(1)(2) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(2), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
F46Words in s. 32(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(3), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
F47Words in s. 32(4) substituted for s. 32(4)(a)(b) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(4), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
F48S. 32(5) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 84
Modifications etc. (not altering text)
C9S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1
[F49Persons liable to removal from the United KingdomE+W
Textual Amendments
F49Ss. 32A, 32B and cross-heading inserted (1.5.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 119, 151(2)(b) (with Sch. 15)
32ARemoval of prisoners liable to removal from United KingdomE+W
(1)Where P—
(a)is a life prisoner in respect of whom a minimum term order has been made, and
(b)is liable to removal from the United Kingdom,
the Secretary of State may remove P from prison under this section at any time after P has served the relevant part of the sentence (whether or not the Parole Board has directed P's release under section 28).
(2)But if P is serving two or more life sentences—
(a)this section does not apply to P unless a minimum term order has been made in respect of each of those sentences; and
(b)the Secretary of State may not remove P from prison under this section until P has served the relevant part of each of them.
(3)If P is removed from prison under this section—
(a)P is so removed only for the purpose of enabling the Secretary of State to remove P 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, P remains liable to be detained in pursuance of the sentence.
(4)So long as P, having been 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 28 or 30 is exercisable in relation to P as if P were in prison.
(5)In this section—
“liable to removal from the United Kingdom” has the meaning given by section 259 of the Criminal Justice Act 2003;
“the relevant part” has the meaning given by section 28.
32BRe-entry into United Kingdom of offender removed from prisonE+W
(1)This section applies if P, having been removed from prison under section 32A, is removed from the United Kingdom.
(2)If P enters the United Kingdom—
(a)P is liable to be detained in pursuance of the sentence from the time of P's entry into the United Kingdom;
(b)if no direction was given by the Parole Board under subsection (5) of section 28 before P's removal from prison, that section applies to P;
(c)if such a direction was given before that removal, P is to be treated as if P had been recalled to prison under section 32.
(3)A person who is liable to be detained by virtue of subsection (2)(a) 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)(a) does not prevent P's further removal from the United Kingdom.]
Miscellaneous and supplementalE+W
F5033 Life prisoners transferred to England and Wales.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50S. 33 repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 303(b)(ii), 336(2), Sch. 37 Pt. 8
34 Interpretation of Chapter II.E+W
(1)In this Chapter “life prisoner” means a person serving one or more life sentences [F51and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003]; F52...
(2)In this section “life sentence” means any of the following imposed for an offence, whether committed before or after the commencement of this Chapter, namely—
(a)a sentence of imprisonment for life;
(b)a sentence of detention during Her Majesty’s pleasure or for life under [F53section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000]; and
(c)a sentence of custody for life under [F53section 93 or 94 of that Act].
[F54(d)a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F55(including one passed as a result of section 219 of the Armed Forces Act 2006 ], F56...
(e)a sentence of detention for public protection under section 226 of that Act [F57(including one passed as a result of section 221 of the Armed Forces Act 2006)] .]
[F58(f)a sentence of detention for life under section 209 of the Armed Forces Act 2006;
(g)a sentence under section 218 of that Act (detention at Her Majesty's pleasure).]
F59(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F60(4)Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.]
Textual Amendments
F51Words in s. 34(1) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 273(4), 336(2)
F52Word in s. 34(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3)(d), Sch. 7 Pt. II para. 138, Sch. 8
F53Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)
F54S. 34(2)(d)(e) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 3; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F55Words in s. 34(2)(d) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F56Word in s. 34(2)(d) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F57Words in s. 34(2)(e) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F58S. 34(2)(f)(g) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F59S. 34(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(3), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F60S. 34(4) inserted (30.9.1998) by 1998 c. 37, ss. 101(2), 120(1), Sch. 9 para. 11; S.I. 1998/2327, art. 2(1)(v).
Modifications etc. (not altering text)
C10S. 34: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1
C11S. 34(1) extended (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 17
C12S. 34(2) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 40
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