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In force since 2026-06-01, as the publisher states.
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Crime (Sentences) Act 1997 1997 c. 43 An Act to make further provision with respect to the treatment of offenders; and for connected purposes. [21st March 1997] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) This section applies where— (a) a person is convicted of a serious offence committed after the commencement of this section; and (b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence. (2) The court shall impose a life sentence, that is to say— (a) where the person is 21 or over, a sentence of imprisonment for life; (b) where he is under 21, a sentence of custody for life under section 8(2) of the Criminal Justice Act 1982 (“the 1982 Act”), unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so. (3) Where the court does not impose a life sentence, it shall state in open court that it is of that opinion and what the exceptional circumstances are. (4) An offence the sentence for which is imposed under subsection (2) above shall not be regarded as an offence the sentence for which is fixed by law. (5) An offence committed in England and Wales is a serious offence for the purposes of this section if it is any of the following, namely— (a) an attempt to commit murder, a conspiracy to commit murder or an incitement to murder; (b) an offence under section 4 of the Offences Against the Person Act 1861 (soliciting murder); (c) manslaughter; (d) an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent); (e) rape or an attempt to commit rape; (f) an offence under section 5 of the Sexual Offences Act 1956 (intercourse with a girl under 13); (g) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of the Firearms Act 1968; and (h) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Act. (6) An offence committed in Scotland is a serious offence for the purposes of this section if the conviction for it was obtained on indictment in the High Court of Justiciary and it is any of the following, namely— (a) culpable homicide; (b) attempted murder, incitement to commit murder or conspiracy to commit murder; (c) rape or attempted rape; (d) clandestine injury to women or an attempt to cause such injury; (e) sodomy, or an attempt to commit sodomy, where the complainer, that is to say, the person against whom the offence was committed, did not consent; (f) assault where the assault— (i) is aggravated because it was carried out to the victim’s severe injury or the danger of the victim’s life; or (ii) was carried out with an intention to rape or to ravish the victim; (g) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of the Firearms Act 1968; (h) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of that Act; (i) lewd, libidinous or indecent behaviour or practices; and (j) an offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under 13). (7) An offence committed in Northern Ireland is a serious offence for the purposes of this section if it is any of the following, namely— (a) an offence falling within any of paragraphs (a) to (e) of subsection (5) above; (b) an offence under section 4 of the Criminal Law Amendment Act 1885 (intercourse with a girl under 14); (c) an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the Firearms (Northern Ireland) Order 1981; and (d) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.
Propose a change(1) This section applies where— (a) a person is convicted of a class A drug trafficking offence committed after the commencement of this section; (b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and (c) one of those other offences was committed after he had been convicted of the other. (2) The court shall impose a custodial sentence for a term of at least seven years except where the court is of the opinion that there are particular circumstances which— (a) relate to any of the offences or to the offender; and (b) would make it unjust to do so in all the circumstances. (3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are. (4) Where— (a) a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way); and (b) the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above, the offence shall be triable only on indictment. (5) In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose— “class A drug” has the same meaning as in the Misuse of Drugs Act 1971; “drug trafficking offence” means a drug trafficking offence within the meaning of the Drug Trafficking Act 1994, the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996. (6) In this section and section 4 below “custodial sentence” means— (a) in relation to a person who is 21 or over, a sentence of imprisonment; (b) in relation to a person who is under 21, a sentence of detention in a young offender institution.
Propose a change(1) This section applies where— (a) a person is convicted of a domestic burglary committed after the commencement of this section; (b) at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and (c) one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after the commencement of this section. (2) The court shall impose a custodial sentence for a term of at least three years except where the court is of the opinion that there are particular circumstances which— (a) relate to any of the offences or to the offender; and (b) would make it unjust to do so in all the circumstances. (3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are. (4) Where— (a) a person is charged with a domestic burglary which, apart from this subsection, would be triable either way; and (b) the circumstances are such that, if he were convicted of the burglary, he could be sentenced for it under subsection (2) above, the burglary shall be triable only on indictment. (5) In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.
Propose a change(1) This section applies where— (a) a sentence has been imposed on any person under subsection (2) of section 2, 3 or 4 above; and (b) any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal. (2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.
Propose a change(1) Where— (a) on any date after the commencement of this section a person is convicted in England and Wales of a serious offence, a class A drug trafficking offence or a domestic burglary; and (b) the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and (c) that court subsequently certifies that fact, the certificate shall be evidence, for the purposes of the relevant section, that he was convicted of such an offence on that date. (2) Where— (a) after the commencement of this section a person is convicted in England and Wales of a class A drug trafficking offence or a domestic burglary; and (b) the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and (c) that court subsequently certifies that fact, the certificate shall be evidence, for the purposes of the relevant section, that the offence was committed on that day or over, or at some time during, that period. (3) In this section— “serious offence”, “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 2, 3 and 4 respectively; and “the relevant section”, in relation to any such offence, shall be construed accordingly.
Propose a change(1) Where— (a) a person has at any time been convicted of an offence under section 70 of the Army Act 1955 or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957; and (b) the corresponding civil offence (within the meaning of that Act) was a serious offence, a class A drug trafficking offence or a domestic burglary, the relevant section shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence. (2) Subsection (3) of section 6 above applies for the purposes of this section as it applies for the purposes of that section.
Propose a change(1) This section applies to a person who— (a) is serving a DHMP sentence, and (b) was under the age of 18 when sentenced; and such a person is referred to in this section as a “relevant young offender”. (2) A relevant young offender may make an application for a minimum term review to the Secretary of State after serving half of the minimum term. (3) An “application for a minimum term review” is an application made by a relevant young offender for a reduction in the minimum term. (4) Where a relevant young offender has made an application for a minimum term review under this section, the offender may only make a further such application if— (a) the period of 2 years beginning with the day on which the previous application was determined has expired, and (b) the offender is under the age of 18 on the day on which the further application is made. (5) Where the Secretary of State receives an application under this section, the Secretary of State must— (a) consider the application, and (b) unless the Secretary of State forms the view that the application is frivolous or vexatious, refer it to the High Court. (6) Where the Secretary of State decides not to refer the application to the High Court, the Secretary of State must give notice of that decision, and the reasons for it, to the relevant young offender. (7) If the relevant young offender makes representations or provides further evidence in support of the application before the end of the period of 4 weeks beginning with the day on which the notice under subsection (6) is given, the Secretary of State must consider the representations or evidence and— (a) if the Secretary of State is no longer of the view mentioned in subsection (5)(b), refer the application to the High Court, or (b) give notice to the offender confirming the decision not to refer the application. (8) In this section— “DHMP sentence” means a sentence of detention during Her Majesty’s pleasure imposed (whether before or after this section comes into force) under a provision listed in column 1 of the table in subsection (9); “minimum term”, in relation to a person serving a DHMP sentence, means the part of the sentence specified— in the minimum term order made in respect of the sentence, or where one or more reduction orders have been made under section 27B in respect of the sentence, in the most recent of those orders; “minimum term order”, in relation to a DHMP sentence, means the order made under the provision listed in column 2 of the table in subsection (9) that corresponds to the entry in column 1 that relates to the sentence. (9) The table is as follows— Provision under which DHMP sentence imposed | Provision under which minimum term order made Section 259 of the Sentencing Code | Section 322 of the Sentencing Code Section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 | Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 269 of the Criminal Justice Act 2003 Section 218 of the Armed Forces Act 2006 | Section 269 of the Criminal Justice Act 2003 or section 322 of the Sentencing Code. (10) For the purposes of subsection (4), an application for a minimum term review is determined— (a) when the court makes a reduction order or a decision confirming the minimum term (see section 27B), or (b) in a case where the application is not referred to the court, when the Secretary of State gives the relevant young offender notice in relation to the application under subsection (6). (11) There is no right for any person who is serving a DHMP sentence to request a review of the minimum term other than that conferred by this section.
Propose a change(1) This section applies where the Secretary of State refers an application for a minimum term review made by a relevant young offender under section 27A to the High Court. (2) The court may— (a) make a reduction order in relation to relevant young offender, or (b) confirm the minimum term in respect of the offender’s DHMP sentence, and a decision of the court under this subsection is final. (3) A reduction order is an order that the relevant young offender’s minimum term is to be reduced to such part of the offender’s DHMP sentence as the court considers appropriate and is specified in the reduction order. (4) In deciding whether to make a reduction order, the court must, in particular, take into account any evidence— (a) that the relevant young offender’s rehabilitation has been exceptional; (b) that the continued detention or imprisonment of the offender for the remainder of the minimum term is likely to give rise to a serious risk to the welfare or continued rehabilitation of the offender which cannot be eliminated or mitigated to a significant degree. (5) In this section “DHMP sentence”, “minimum term” and “relevant young offender” have the same meaning as in section 27A.
Propose a change(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— (a) the part of the sentence specified in the minimum term order, or (b) in a case where one or more reduction orders has been made in relation to the prisoner (see section 27B), the part of the sentence specified in the most recent of those orders. (1B) But if a life prisoner is serving two or more life sentences— (a) this section does not apply to him unless a 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. (6A) Sections 28A and 28B contain provision that relates to the Parole Board's function of giving directions under subsection (5) for the release of life prisoners. (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; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Prison Act 1952. (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) , or (c) subsection (2) of section 321 of the Sentencing Code (life sentence: minimum term order etc). (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This section applies for the purposes of any public protection decision made by a decision-maker about a life prisoner under a relevant provision of this Chapter. (2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B to the Criminal Justice Act 2003. (5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— (a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed; (b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted; (c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); (d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B to the Criminal Justice Act 2003) if no longer confined; (e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; (f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; (g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)). (6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. (7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. (8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made. (9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. (10) The “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made, are— (a) section 28(6)(b), for the purposes of section 28(5); (b) section 32(5A), for the purposes of section 32(5); (c) subsection (1) of section 32ZAC, for the purposes of that subsection. (11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is— (a) if the decision is made under section 28(6)(b) or 32(5A), the Parole Board; (b) if the decision is made under section 32ZAC(1), the High Court. (12) Subsection (2) has effect in relation to a decision made by the Parole Board under section 32(5A) (recall of life prisoners while on licence) as if for the words “be confined” there were substituted “remain in prison”.
Propose a change(1) The Parole Board must comply with this section when making a public protection decision about a life prisoner under section 28(6)(b), for the purposes of section 28(5), if— (a) the prisoner's life sentence was passed for murder or manslaughter; (b) the Parole Board does not know where and how the victim's remains were disposed of; and (c) the Parole Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”). (2) When making the public protection decision about the life prisoner, the Parole Board must take into account— (a) the prisoner's non-disclosure; and (b) the reasons, in the Parole Board's view, for the prisoner's non-disclosure. (3) This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision. (4) In subsection (1)(a)— (a) the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020; (b) the reference to murder includes— (i) murder under the law of Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man, and (ii) any offence under the law of any other country or territory that corresponds to murder under the law of England and Wales; (c) the reference to manslaughter includes— (i) culpable homicide under the law of Scotland, (ii) manslaughter under the law of Northern Ireland, any of the Channel Islands or the Isle of Man, and (iii) any offence under the law of any other country or territory that corresponds to manslaughter under the law of England and Wales. (5) In this section, in relation to a life prisoner— “public protection decision” has the meaning given by section 28ZA(2); “victim” means the victim of the offence for which the prisoner's life sentence was passed; and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.
Propose a change(1) The Parole Board must comply with this section when making a public protection decision about a life prisoner under section 28(6)(b), for the purposes of section 28(5), if— (a) the prisoner's life sentence was passed for— (i) an offence of taking an indecent photograph of a child, or (ii) a relevant offence of making an indecent pseudo-photograph of a child; (b) the Parole Board does not know the identity of the child who is the subject of the relevant indecent image; and (c) the Parole Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”). (2) When making the public protection decision about the prisoner, the Parole Board must take into account— (a) the prisoner's non-disclosure; and (b) the reasons, in the Parole Board's view, for the prisoner's non-disclosure. (3) This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision. (4) In subsection (1)(a), the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020. (5) For the purposes of this section, an offence is an “offence of taking an indecent photograph of a child” if it is— (a) an offence of taking an indecent photograph of a child under section 1(1)(a) of the Protection of Children Act 1978 (the “England and Wales offence”), or (b) an offence of taking an indecent photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence. (6) For the purposes of this section, an offence is a “relevant offence of making an indecent pseudo-photograph of a child” if— (a) it is— (i) an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child (the “England and Wales offence”), or (ii) an offence of making an indecent pseudo-photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence, and (b) the Parole Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph; and in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child. (7) In this section— “public protection decision”, in relation to a prisoner, has the meaning given by section 28ZA(2); “relevant indecent image” means— the photograph to which an offence of taking an indecent photograph of a child relates, or the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.
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Propose a change(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.
Propose a change(1) Where a life prisoner , other than a prisoner to whom section 31A below applies, is released on licence, the licence shall, unless previously revoked under section 32 ... below, remain in force until his death. (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 (b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below; or (2) A life prisoner subject to a licence shall comply with such conditions ... 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. (2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by— (a) an officer of a local probation board appointed for or assigned to the local justice area within which the prisoner resides for the time being or (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 ... 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 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, (aa) in accordance with subsection (3A), (ab) in accordance with subsection (3B), 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). (3A) The Secretary of State may include a condition in a life prisoner's licence on release under section 32ZZA. (3B) Where the High Court gives a direction under section 32ZAC(2) as to the conditions to be included in a life prisoner’s licence on release, the Secretary of State— (a) must include the conditions in the prisoner’s licence on release; (b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence. (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 section 259 of the Criminal Justice Act 2003), subsection (2) above shall have effect as if subsection (2A) above were omitted.
Propose a change(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 (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 must, 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 (whether or not the prisoner has subsequently been recalled to prison under section 32); and (b) the qualifying period has expired; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection. (3A) Where— (a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32), (b) the qualifying period has expired, (c) the prisoner’s licence has remained in force for a continuous period of one year beginning not before the qualifying period expired, and (d) the prisoner requests that the Secretary of State refer their case to the Parole Board, the Secretary of State must refer the prisoner’s case to the Board under this subsection. (3B) Only one request may be made under subsection (3A)(d) in any continuous period during which the prisoner’s licence remains in force. (4) Where a reference is made under subsection (3) or (3A) above— (a) the Parole Board must direct the Secretary of State to make an order that the licence is to cease to have effect, unless paragraph (b) applies; (b) if the Parole Board is satisfied that it is necessary for the protection of the public that the licence should remain in force, it must dismiss the reference. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4D) A reference under subsection (3) or (3A) must not be made, and a reference under either of those subsections must not be determined by the Parole Board under subsection (4), if at the time the reference or determination would otherwise be made the prisoner is in prison having been recalled under section 32. (4E) Subsection (4F) applies where— (a) but for subsection (4D), a reference of the prisoner’s case would have been made under subsection (3) or (3A) or determined by the Parole Board under subsection (4), (b) the Secretary of State has referred the prisoner’s case to the Parole Board under section 28 or 32, and (c) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (4F) Where this subsection applies— (a) the Parole Board must direct the Secretary of State to release the prisoner unconditionally, unless paragraph (b) applies; (b) if the Parole Board is satisfied that it is necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventive sentence or sentences, it must not give a direction under paragraph (a). (4G) Where the Parole Board gives a direction under subsection (4F)(a)— (a) section 28(5) has effect in relation to the prisoner as if for “release him on licence” there were substituted “release the prisoner unconditionally”; (b) section 32(5) has effect in relation to the prisoner as if for “give effect to the direction” there were substituted “release the prisoner unconditionally”. (4H) 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) the prisoner’s licence has remained in force for a continuous period of two years— (i) beginning not before the qualifying period expired, and (ii) ending after the coming into force of section 66(3)(d) of the Victims and Prisoners Act 2024, the Secretary of State must order that the licence is to cease to have effect. (5) In this section— “preventive sentence” means— a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006); “the qualifying period”, in relation to a prisoner who has been released on licence (whether or not the prisoner has subsequently been recalled to prison under section 32), means the period of two years beginning with the date of the prisoner’s release. (6) The Secretary of State may by regulations made by statutory instrument amend subsection (5) to change the length of the qualifying period for the time being specified in ... the definition of “the qualifying period” in relation to— (a) a prisoner who was not at any time, in the period specified in the regulations beginning with the date of the prisoner’s release, serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over; (b) any other prisoner. (7) A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Propose a change(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. (1A) Subsection (1) does not apply in relation to a prisoner in respect of whom the Secretary of State is required to make an order under section 31A(2) or (4H) that the licence is to cease to have effect. (3) A life prisoner recalled to prison under this 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 the case of a life prisoner recalled under this section. (5) Where on a reference under subsection (4) above the Parole Board directs the ... release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction. (5A) 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. (5B) Subsection (5C) applies where the Secretary of State releases, under subsection (5) above, a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies. (5C) The Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(3A) (referral to Parole Board) or paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under this section. (5D) The Secretary of State may only make a determination under subsection (5C) if the Secretary of State considers that it is in the interests of justice to do so. (5E) Where the Secretary of State makes a determination under subsection (5C), the Secretary of State must notify the prisoner. (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.
Propose a change