Crime (Sentences) Act 1997

• Citation: 1997 c. 43
• Sections: 118

Section 2 Mandatory life sentence for second serious offence.

(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.

Section 3 Minimum of seven years for third class A drug trafficking offence.

(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.

Section 4 Minimum of three years for third domestic burglary.

(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.

Section 5 Appeals where previous convictions set aside.

(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.

Section 6 Certificates of convictions for purposes of Part I.

(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.

Section 7 Offences under service law.

(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.

Section 27A Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review

(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—

(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.

Section 27B Power of High Court to reduce minimum term

(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.

Section 28 Duty to release certain life prisoners.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28A Murder or manslaughter: prisoner's non-disclosure of information

(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.

Section 28B Indecent images: prisoner's non-disclosure of information

(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.

Section 28ZA Public protection decisions

(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” .

Section 29 Power to release other life prisoners.

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Section 30 Power to release life prisoners on compassionate grounds.

(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.

Section 31 Duration and conditions of licences.

(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.

Section 31A Imprisonment 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 (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.

(4) Where a reference is made under subsection (3) 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) The reference under subsection (3) must not be made, and a reference under that subsection 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 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 —

if the prisoner was not at any time in the period of two years 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, that two year period;

otherwise, the period of three 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 paragraph (a) or (b) of the definition of “the qualifying period”.

(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.

Section 32 Recall of life prisoners while on licence.

(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(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.

Section 32A Removal of prisoners liable to removal from United Kingdom

(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.

Section 32B Re-entry into United Kingdom of offender removed from prison

(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.

Section 32ZA Offence 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 the general limit in a magistrates’ court or a fine (or both).

(6) In relation to an offence committed before 2 May 2022 , the reference in subsection (5)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(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.

Section 32ZB Release at direction of Parole Board: timing

(1) This section applies where the Parole Board directs the release of a life prisoner under section 28 or 32 (including where the High Court makes an order under section 32ZAC(1)(a) requiring the Secretary of State to give effect to such a direction) .

(2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the life prisoner’s licence under this Chapter.

(3) The duty under subsection (2) is subject to —

(a) section 32ZAA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and

(b) provision made pursuant to section 239(5C)(b) of the Criminal Justice Act 2003 (provision in Parole Board rules in relation to setting aside of release directions).

Section 32ZZA Imprisonment or detention for public protection: powers in relation to release of recalled prisoners

(1) This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies—

(a) has been released on licence under this Chapter, and

(b) is recalled to prison under section 32.

(2) The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter.

(3) The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison.

(4) Where the prisoner is released under subsection (2), the Secretary of State may determine that, for the purposes of 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 section 32.

(5) The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so.

(6) Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner.

(7) In this section, “ preventive sentence ” means—

(a) 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

(b) 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).

Section 32ZAA Referral of release decisions to High Court

(1) This section applies where—

(a) a prisoner is serving a life sentence imposed in respect of an offence specified or described in section 32ZAB, and

(b) the Parole Board directs the prisoner’s release under section 28(5) or 32(5).

(2) The Secretary of State may direct the Parole Board to refer the prisoner’s case to the High Court if the Secretary of State considers that—

(a) the release of the prisoner would be likely to undermine public confidence in the parole system, and

(b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 32ZAC(1)).

(3) The requirement for the Secretary of State to give effect to the Parole Board’s direction to release the prisoner is suspended—

(a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Parole Board to refer the prisoner’s case to the High Court under this section, and

(b) if the Secretary of State gives such a direction, pending determination of the reference under section 32ZAC(1).

(4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it.

(5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.

(6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.

Section 32ZAB Specified offences

(1) The offences specified or described in this section (for the purposes of section 32ZAA) are—

(a) murder;

(b) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;

(c) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);

(d) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003;

(e) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(f) an offence under section 5 of that Act (rape of a child under 13);

(g) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);

(h) an offence under section 18 of that Act (rape of a young child);

(i) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 ( S.I. 2008/1769 (N.I. 2)) (rape);

(j) an offence under Article 12 of that Order (rape of a child under 13);

(k) an offence that—

(i) is abolished, and

(ii) would have constituted an offence referred to in paragraphs (a) to (j) if committed on or after the date on which it was abolished.

(2) A sentence in respect of a service offence is to be treated for the purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence.

(3) In subsection (2)—

(a) “ service offence ” means an offence under—

(i) section 42 of the Armed Forces Act 2006,

(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(iii) section 42 of the Naval Discipline Act 1957;

(b) “ corresponding offence ” means—

(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

Section 32ZAC Powers of the High Court

(1) On a referral of a prisoner’s case under section 32ZAA, the High Court—

(a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner on licence;

(b) otherwise, must make an order quashing the Parole Board’s direction to release the prisoner on licence.

(2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release.

(3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Parole Board on the date on which the order was made.

Section 33 Life prisoners transferred to England and Wales.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33A Life prisoners also serving fixed-term sentence

(1) This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender.

(2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner.

(3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to—

(a) refer the prisoner’s case to the Board, or

(b) release the prisoner.

(4) Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3).

(5) The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require.

(6) In this section “ the fixed-term provisions ” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.

Section 34 Interpretation of Chapter II.

(1) In this Chapter “ life prisoner ” means a person serving one or more life sentences and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ; ...

(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 section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 259 of the Sentencing Code ; and

(c) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, under section 272 or 275 of the Sentencing Code (including a sentence passed as a result of section 217 of the Armed Forces Act 2006) or under section 210A of the Armed Forces Act 2006 .

(d) 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 , ...

(e) a sentence of detention for public protection under section 226 of that Act (including one passed as a result of section 221 of the Armed Forces Act 2006) .

(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).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 35 Fine defaulters: general.

(1) Subsection (2) below applies in any case where a magistrates’ court—

(a) has power under Part III of the Magistrates’ Courts Act 1980 (“ the 1980 Act ”) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court (other than a sum ordered to be paid under section 71 of the Criminal Justice Act 1988 or section 2 of the Drug Trafficking Act 1994 or section 6 of the Proceeds of Crime Act 2002 ); or

(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.

(2) The magistrates’ court may—

(a) subject to subsections (4) to (6) , (10) and (11) below, make a community service order; or

(b) subject to subsections (7) to (11) below, make a curfew order,

in respect of the person in default instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders).

(3) Where a magistrates’ court has power to make an order under subsection (2)(a) or (b) above, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions, if any, as it thinks just.

(4) Section 46(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders) shall apply for the purposes of subsection (2)(a) above as if for the words from the beginning to “make” there were substituted “Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender”; and—

(a) section 46(3) and (4) of that Act, and

(b) so far as applicable, the following provisions of section 46 of that Act and the other provisions of Part IV of that Act relating to community service orders,

have effect in relation to a community service order made by virtue of this section as they have effect in relation to any community service order made under that Act, subject to the exceptions in subsection (5) below.

(5) The following are the exceptions, namely—

(a) the reference in section 46(3)(a) of that Act to 40 hours shall be construed as a reference to 20 hours;

(b) section 46(8) of that Act shall not apply;

(c) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(d) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(e) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(f) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(g) paragraph 11(2)(b) of that Schedule shall not apply.

(6) In the case of an amount in default which is described in the first column of the following Table, the period of community service specified in an order under subsection (2)(a) above shall not exceed the number of hours set out opposite that amount in the second column of that Table.

Table

(7) Section 37(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (curfew orders) shall apply for the purposes of subsection (2)(b) above as if for the words from the beginning to “make” there were substituted “Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender”; and—

(a) section 37(3), (5) to (8) and (10) to (12) of that Act, and

(b) so far as applicable, the other provisions of Part IV of that Act relating to curfew orders,

have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any curfew order made under that Act, subject to the exceptions in subsection (8) below.

(8) The following are the exceptions, namely—

(a) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(b) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(c) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(d) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(e) paragraph 11(2)(b) of that Schedule shall not apply.

(9) In the case of an amount in default which is described in the first column of the following Table, the number of days to which an order under subsection (2)(b) above relates shall not exceed the number of days set out opposite that amount in the second column of that Table.

Table

(10) A magistrates’ court shall not make an order under subsection (2)(a) or (b) above in respect of a person who is under 16.

(11) A magistrates court shall not make an order under subsection (2)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.

(12) In subsection (11) above “ the relevant area ” means—

(a) in relation to an order under subsection (2)(a) above, the area proposed to be specified in the order;

(b) in relation to an order under subsection (2)(b) above, the area in which the place proposed to be specified in the order is situated.

(12A) Sections 35 and 36 of the Powers of Criminal Courts (Sentencing) Act 2000 (restrictions and procedural requirements for community sentences) do not apply in relation to an order under subsection (2)(a) or (b) above.

(13) Where an order has been made under subsection (2)(a) or (b) above for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of that sum to any such person, the total number of hours or days to which the order relates shall be reduced proportionately;

and the total number is so reduced if it is reduced by such number of complete hours or days as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.

(14) The Secretary of State may by order direct that subsection (5)(a), (6) or (9) above shall be amended by substituting for any number of hours or days there specified such number of hours or days as may be specified in the order.

(15) The power to make an order under this section shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Section 40 Fine defaulters.

(1) This section applies in any case where a magistrates’ court—

(a) has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court (other than a sum ordered to be paid under section 71 of the Criminal Justice Act 1988 or section 2 of the Drug Trafficking Act 1994 or section 6 of the Proceeds of Crime Act 2002 ); or

(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.

(2) Subject to subsection (3) below, the magistrates’ court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

(3) A magistrates court shall not make an order under subsection (2) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.

(4) Where an order has been made under subsection (2) above for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of that sum to any such person, the number of weeks or months to which the order relates shall be reduced proportionately;

and the total number is so reduced if it is reduced by such number of complete weeks or months as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.

(5) The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him ....

(7) In this section—

“ driving licence ” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;

...

Section 41 Transfer of prisoners within the British Islands.

Schedule 1 to this Act (which makes provision with respect to the transfer of prisoners within the British Islands) shall have effect.

Section 42 Repatriation of prisoners to the British Islands.

Schedule 2 to this Act (which makes provision, including retrospective provision, with respect to prisoners repatriated to the British Islands) shall have effect.

Section 45 Publication of reports.

(1) After subsection (4) of section 49 of the 1933 Act (restrictions on reports of proceedings in which children or young persons are concerned) there shall be inserted the following subsections—

(4A) If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the requirements of this section in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to—

(a) the prosecution or conviction of the offender for the offence;

(b) the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;

(c) the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;

(d) where an attendance centre order is made in respect of the offence, the enforcement of any rules made under section 16(3) of the Criminal Justice Act 1982; or

(e) where a secure training order is so made, the enforcement of any requirements imposed under section 3(7) of the Criminal Justice and Public Order Act 1994.

(4B) A court shall not exercise its power under subsection (4A) above without—

(a) affording the parties to the proceedings an opportunity to make representations; and

(b) taking into account any representations which are duly made.

(2) Subsection (1) above shall not apply where the offence was committed before the commencement of this section.

Section 46 Power to make hospital and limitation directions.

After section 45 of the 1983 Act there shall be inserted the following sections—

Hospital and limitation directions

Power of higher courts to direct hospital admission.

(45A)

(1) This section applies where, in the case of a person convicted before the Crown Court of an offence the sentence for which is not fixed by law—

(a) the conditions mentioned in subsection (2) below are fulfilled; and

(b) except where the offence is one the sentence for which falls to be imposed under section 2 of the Crime (Sentences) Act 1997, the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment (“ the relevant sentence ”) in respect of the offence.

(2) The conditions referred to in subsection (1) above are that the court is satisfied, on the written or oral evidence of two registered medical practitioners—

(a) that the offender is suffering from psychopathic disorder;

(b) that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(c) that such treatment is likely to alleviate or prevent a deterioration of his condition.

(3) The court may give both of the following directions, namely—

(a) a direction that, instead of being removed to and detained in a prison, the offender be removed to and detained in such hospital as may be specified in the direction (in this Act referred to as a “hospital direction”); and

(b) a direction that the offender be subject to the special restrictions set out in section 41 above (in this Act referred to as a “limitation direction”).

(4) A hospital direction and a limitation direction shall not be given in relation to an offender unless at least one of the medical practitioners whose evidence is taken into account by the court under subsection (2) above has given evidence orally before the court.

(5) A hospital direction and a limitation direction shall not be given in relation to an offender unless the court is satisfied on the written or oral evidence of the registered medical practitioner who would be in charge of his treatment, or of some other person representing the managers of the hospital that arrangements have been made—

(a) for his admission to that hospital; and

(b) for his admission to it within the period of 28 days beginning with the day of the giving of such directions;

and the court may, pending his admission within that period, give such directions as it thinks fit for his conveyance to and detention in a place of safety.

(6) If within the said period of 28 days it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the hospital direction, he may give instructions for the admission of the patient to such other hospital as appears to be appropriate instead of the hospital so specified.

(7) Where such instructions are given—

(a) the Secretary of State shall cause the person having the custody of the patient to be informed, and

(b) the hospital direction shall have effect as if the hospital specified in the instructions were substituted for the hospital specified in the hospital direction.

(8) Section 38(1) and (5) and section 39 above shall have effect as if any reference to the making of a hospital order included a reference to the giving of a hospital direction and a limitation direction.

(9) A hospital direction and a limitation direction given in relation to an offender shall have effect not only as regards the relevant sentence but also (so far as applicable) as regards any other sentence of imprisonment imposed on the same or a previous occasion.

(10) The Secretary of State may by order provide that this section shall have effect as if the reference in subsection (2) above to psychopathic disorder included a reference to a mental disorder of such other description as may be specified in the order.

(11) An order made under this section may—

(a) apply generally, or in relation to such classes of offenders or offences as may be specified in the order;

(b) provide that any reference in this section to a sentence of imprisonment, or to a prison, shall include a reference to a custodial sentence, or to an institution, of such description as may be so specified; and

(c) include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient.

Effect of hospital and limitation directions.

(45B)

(1) A hospital direction and a limitation direction shall be sufficient authority—

(a) for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and

(b) for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act.

(2) With respect to any person—

(a) a hospital direction shall have effect as a transfer direction; and

(b) a limitation direction shall have effect as a restriction direction.

(3) While a person is subject to a hospital direction and a limitation direction the responsible medical officer shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.

Section 47 Power to specify hospital units.

(1) Subject to subsection (2) below, any power to specify a hospital which is conferred by—

(a) section 37 of the 1983 Act (hospital orders);

(b) section 45A of that Act (hospital and limitation directions);

(c) section 47 of that Act (transfer directions); ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2) In subsection (1) above—

(a) paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);

(b) paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this section—

“ hospital ”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;

“ hospital unit ” means any part of a hospital which is treated as a separate unit.

(4) A reference in this section to section 37 or 41 of the 1983 Act includes a reference to that section as it applies by virtue of—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964,

(b) section 6 or 14 of the Criminal Appeal Act 1968, or

(c) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).

Section 48 Offenders conditionally discharged from hospital.

(1) The 1983 Act and the 1984 Act shall have effect subject to the amendments specified in Schedule 3 to this Act, being amendments making provision with respect to transfers within the British Islands of responsibility for offenders conditionally discharged from hospital.

(2) In this section and that Schedule “ the 1984 Act ” means the Mental Health (Scotland) Act 1984.

Section 49 Other amendments of the 1983 Act.

(1) In subsection (5) of section 38 of the 1983 Act (interim hospital orders), for the words “six months” there shall be substituted the words “ twelve months ” .

(2) In subsection (3) of section 41 of that Act (power of higher courts to restrict discharge from hospital), in paragraph (c)(ii), after the words “section 19 above” there shall be inserted the words “ or in pursuance of subsection (3) of that section ” .

(3) In subsection (1) of section 47 of that Act (removal to hospital of persons serving sentences of imprisonment etc. ), the words “(not being a mental nursing home)” shall cease to have effect.

(4) In paragraph 5 of Part II of Schedule 1 to that Act (patients subject to hospital and guardianship orders)—

(a) the word “and” immediately following sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (b) there shall be inserted the words

and

(c) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.

Section 52 Increased penalty for offence of indecency with children.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 53 Financial provisions.

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Section 54 General interpretation.

(1) In this Act—

“ the 1933 Act ” means the Children and Young Persons Act 1933;

“ the 1969 Act ” means the Children and Young Persons Act 1969;

“ the 1973 Act ” means the Powers of Criminal Courts Act 1973;

“ the 1980 Act ” means the Magistrates’ Courts Act 1980;

“ the 1982 Act ” means the Criminal Justice Act 1982;

“ the 1983 Act ” means the Mental Health Act 1983;

“ the 1991 Act ” means the Criminal Justice Act 1991.

“ local probation board ” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Act to have been committed on the last of those days.

(4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.

Section 55 Minor and consequential amendments.

(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) For the purposes of any of those enactments as so amended—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a sentence falls to be imposed under subsection (3A) of section 70 of the Army Act 1955 or the Air Force Act 1955 or subsection (1A) of section 42 of the Naval Discipline Act 1957 if it is required by that subsection and the court-martial is not of the opinion there mentioned.

Section 56 Transitional provisions, savings and repeals.

(1) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Section 57 Short title, commencement and extent.

(1) This Act may be cited as the Crime (Sentences) Act 1997.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) Without prejudice to the provisions of Schedule 5 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

(5) The following provisions of this Act extend to Scotland, Northern Ireland and the Channel Islands, namely—

(a) section 41 and Schedule 1; and

(b) section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the Criminal Justice Act 1961.

(6) The following provisions of this Act extend to Scotland, namely—

(a) section 45;

(b) paragraphs 1 and 5 to 8 of Schedule 2 and section 42 so far as relating to those paragraphs;

(c) paragraphs 1 and 6 to 10 of Schedule 3 and section 48 so far as relating to those paragraphs;

(d) paragraph 16 of Schedule 4 to this Act and section 55 so far as relating to that paragraph; and

(e) paragraphs 9, 11 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

(7) The following provisions of this Act extend to Northern Ireland, namely—

(a) paragraphs 1, 9 and 10 of Schedule 2 and section 42 so far as relating to those paragraphs;

(b) paragraphs 2, 3, 7 and 8 of Schedule 3 and section 48 so far as relating to those paragraphs; and

(c) paragraphs 10 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

(8) Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it confers a power on the Court Martial or the Court Martial Appeal Court.

Section 1

(1) The Secretary of State may, on the application of—

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b) a person serving a sentence of imprisonment in any part of the United Kingdom,

make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.

(2) Where—

(a) a person is remanded in custody in any of the Channel Islands in connection with an offence; or

(b) a person has been sentenced to imprisonment in any of the Channel Islands,

the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there.

(2A) If it appears to the Department of Justice in Northern Ireland or the Secretary of State that—

(a) a person remanded in custody in Northern Ireland in connection with an offence, or

(b) a person serving a sentence of imprisonment in Northern Ireland;

should be transferred to another part of the United Kingdom in the interests of maintaining security or good order in any prison in Northern Ireland, the Department of Justice in Northern Ireland or (as the case may be) the Secretary of State may make an order for his transfer to that other part, there to be remanded in custody pending his trial or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.

(2B) But the Secretary of State may make an order under sub-paragraph (2A) only if—

(a) the Secretary of State is of the view that the transfer is in the interests of national security, or

(b) the Secretary of State’s view that the person should be transferred is arrived at (wholly or partly) on the basis of protected information.

“Protected information” means information the disclosure of which may, in the view of the Secretary of State, be against the interests of national security.

(3) In this paragraph “ appropriate institution ”—

(a) in relation to a person remanded in custody, means any prison or other institution;

(b) in relation to a person sentenced to imprisonment, means, subject to sub-paragraph (4) below, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the country or island to which he is transferred.

(4) Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.

(5) This paragraph has effect subject to the following modifications—

(a) in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b) in determining the meaning of “appropriate institution” in relation to a person transferred to Northern Ireland from another part of the United Kingdom, any reference in sub-paragraph (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Section 2

(1) If it appears to the Secretary of State that—

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b) a person serving a sentence of imprisonment in any part of the United Kingdom,

should be transferred to another part of the United Kingdom or to any of the Channel Islands for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that other part or that island and for his removal to a prison or other institution there.

(2) If it appears to the Secretary of State that—

(a) a person remanded in custody in any of the Channel Islands in connection with an offence; or

(b) a person serving a sentence of imprisonment in any of the Channel Islands,

should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.

(3) Where a person has been transferred under sub-paragraph (1)(a) or (2)(a) above for the purpose of any proceedings, the Secretary of State may, if that person is not sentenced to imprisonment in those proceedings, make an order for his return to the country or island from which he was transferred under that sub-paragraph.

(4) Where a person has been transferred under sub-paragraph (1)(b) or (2)(b) above for the purpose of any proceedings, the Secretary of State may—

(a) if that person is sentenced to imprisonment in those proceedings, make an order under paragraph 1(1)(b) or (2)(b) above (but without application in that behalf) transferring him back to the country or island from which he was transferred under that sub-paragraph;

(b) if he is not so sentenced, make an order for his return to the said country or island, there to serve the remainder of the sentence referred to in that sub-paragraph.

(5) This paragraph has effect subject to the following modifications—

(a) in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b) in relation to a person who has been transferred from Northern Ireland to another part of the United Kingdom, any reference in sub-paragraph (3) or (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Section 3

(1) If the Secretary of State is satisfied, in the case of—

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence;

(b) a person serving a sentence of imprisonment in any part of the United Kingdom; or

(c) a person not falling within paragraph (a) or (b) above who is detained in a prison in any part of the United Kingdom,

that the attendance of that person at any place in that or any other part of the United Kingdom or in any of the Channel Islands is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(2) If the Secretary of State is satisfied, in the case of—

(a) a person remanded in custody in any of the Channel Islands in connection with an offence;

(b) a person serving a sentence of imprisonment in any of the Islands; or

(c) a person not falling within paragraph (a) or (b) above who is detained in a prison in any of the Channel Islands,

that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(3) Where any person is directed under this paragraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison or other institution or place in which he is required in accordance with law to be detained.

(4) This paragraph has effect subject to the following modifications—

(a) in relation to the attendance at a place in Northern Ireland or any other part of the United Kingdom of a person who is remanded in custody in, serving a sentence of imprisonment in, or otherwise detained in a prison in, Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b) in relation to a person who is directed by the Department of Justice in Northern Ireland to be taken to any place under this paragraph, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Section 4

(1) The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any part of the United Kingdom, make an order for the transfer of his supervision to another part of the United Kingdom or to any of the Channel Islands, that is to say, an order—

(a) for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country or island; and

(b) for responsibility for his supervision to be transferred to an appropriate person there.

(2) The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any of the Channel Islands, make an order for the transfer of his supervision to any part of the United Kingdom, that is to say, an order—

(a) for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country; and

(b) for responsibility for his supervision to be transferred to an appropriate person there.

(3) In relation to the transfer to another part of the United Kingdom of the supervision of a person undergoing or about to undergo supervision in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Section 5

(1) A transfer under this Part (other than a transfer under paragraph 1(2A)) shall have effect subject to such conditions (if any) as the Secretary of State may think fit to impose.

(2) Subject to sub-paragraph (3) below, a condition imposed under this paragraph may be varied or removed at any time.

(3) Such a condition as is mentioned in paragraph 6(1)(a) below shall not be varied or removed except with the consent of the person to whom the transfer relates.

(4) In relation to a transfer under this Part which is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Section 5A

(1) A transfer under paragraph 1(2A) shall have effect subject to—

(a) such a condition as is mentioned in paragraph 6(1)(a); and

(b) such other conditions (if any) —

(i) as the Department of Justice in Northern Ireland may think fit to impose, in the case of an order made by the Department, or

(ii) as the Secretary of State may think fit to impose, in the case of an order made by the Secretary of State.

(2) Such a condition as is mentioned in paragraph 6(1)(a) shall not be varied or removed.

(3) A condition imposed under sub-paragraph (1)(b) may be varied or removed at any time by the person who imposed it .

Section 6

(1) For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule—

(a) is a restricted transfer if it is subject to a condition that the person to whom it relates is to be treated for the relevant purposes as if he were still subject to the provisions applicable for those purposes under the law of the place from which the transfer is made; and

(b) is an unrestricted transfer if it is not so subject.

(2) In this Part of this Schedule “ the relevant purposes ” means—

(a) in relation to the transfer of a person under paragraph 1(1)(a) or (2)(a) or (2A)(a) , 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above, the purposes of his remand in custody and, where applicable, the purposes of his detention under and release from any sentence of imprisonment that may be imposed;

(b) in relation to the transfer of a person under paragraph 1(1)(b) or (2)(b) or (2A)(b) , 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above, the purposes of his detention under and release from his sentence and, where applicable, the purposes of his supervision , possible recall following release and any supervision default order ; and

(c) in relation to the transfer of a person’s supervision under paragraph 4(1) or (2) above, the purposes of his supervision , possible recall and any supervision default order .

(3) In this paragraph “ recall ” means—

(a) in relation to a person who is supervised in pursuance of an order made for the purpose, being sentenced to imprisonment, or being recalled to prison, for a breach of any condition of the order;

(aa) in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under section 242(2)(b) of the Sentencing Code ;

(b) in relation to a person who is supervised in pursuance of a condition contained in a licence, being recalled or returned to prison , whether for a breach of any condition of the licence or otherwise.

(c) in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;

(d) in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.

(4) In this Part of this Schedule—

“ the 2003 Act ” means the Criminal Justice Act 2003;

...

...

“ supervision default order ” has the meaning given in section 268(1) of the 2003 Act;