C5 Part II Effect of custodial sentences
C4 Chapter II Life sentences
Pt. 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
Licences and recall
C131 Duration and conditions of licences.
1
F91A
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 F1... 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.
F22A
The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—
a
F3an officer of a local probation board appointed for or assigned to the F7local justice area within which the prisoner resides for the time being F13or (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 F12... 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.
F213
The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except—
a
in accordance with recommendations of the Parole Board, or
b
where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C26
31AF8Imprisonment or detention for public protection: termination of licences
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 F27(whether or not the prisoner has subsequently been recalled to prison under section 32); 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.
C7F283
Where—
a
the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32);
b
the qualifying period has expired; and
c
if the Secretary of State has made a previous reference of the prisoner’s case under this subsection, the period of twelve months beginning with the day of the disposal of that reference has expired,
the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.
C8C64
Where F26a reference 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 F29reference.
F244A
A reference under subsection (3) must be made, and a reference under that subsection must be determined by the Parole Board under subsection (4), even if at the time of the reference or determination the prisoner is in prison having been recalled under section 32.
4B
If at the time of the determination the prisoner is in prison having been recalled under section 32—
a
subsection (2) does not apply, and
b
subsection (4)(a) has effect as if it required the Parole Board—
i
to determine whether it is satisfied that it is not necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventative sentence or sentences, and
ii
if it is so satisfied, to direct the Secretary of State accordingly.
4C
Where the Parole Board gives a direction under subsection (4B)(b)(ii)—
a
if at any time the Board directs the prisoner’s release under section 28, that section has effect in relation to the prisoner as if, in subsection (5), for “to release him on licence” there were substituted “to release the prisoner unconditionally”
, and
b
if at any time the Board directs the prisoner’s release under section 32, that section has effect in relation to the prisoner as if, in subsection (5), for “immediate release on licence” there were substituted “immediate unconditional release”
.
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 F18(including such a sentence of imprisonment F19or detention in a young offender institution 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 F25(whether or not the prisoner has subsequently been recalled to prison under section 32), means the period of ten years beginning with the date of his release.
C3C932 Recall of life prisoners while on licence.
F151
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 F16this 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 F17the case of a life prisoner recalled under this section.
F65
Where on a reference under subsection (4) above the Parole Board directs the F23... release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.
F305A
The Board must not give a direction unless satisfied that it is no longer necessary for the protection of the public that the life prisoner should remain in prison.
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.
32ZAF20Offence of remaining unlawfully at large after recall
1
A person recalled to prison under section 32 commits an offence if the person—
a
has been notified of the recall orally or in writing, and
b
while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.
2
A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
written notice of the recall has been delivered to an appropriate address, and
b
a period specified in the notice has elapsed.
3
In subsection (2) “an appropriate address” means—
a
an address at which, under the person's licence, the person is permitted to reside or stay, or
b
an address nominated, in accordance with the person's licence, for the purposes of this section.
4
A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
b
the person has failed to comply with such an instruction, and
c
the person has not complied with such an instruction for at least 6 months.
5
A person who is guilty of an offence under this section is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
b
on summary conviction to imprisonment for a term not exceeding F32the general limit in a magistrates’ court or a fine (or both).
6
7
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
Pt. 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)