Criminal Justice Act 2003

[F1 Part 4 U.K. Provisions applying generally

Textual Amendments

F1 Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)

Licence conditions U.K.

34 (1) This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3) [F2 and which was granted to a person serving— U.K.

(a) a 1967 Act sentence,

(b) a 1991 Act sentence, or

(c) a 2003 Act sentence which is an extended sentence imposed under section 227 or 228 before 14 July 2008.]

(2) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P's release (at any time) on the recommendation or direction of the Board, and

(b) P has not been released otherwise than on such a recommendation or direction.

(3) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P's release (at any time), and

(b) condition A or condition B is met.

(4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence).

(5) Condition B is that, before 2 August 2010—

(a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and

(b) the Board exercised the function under section 37(5) of that Act of—

(i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or

(ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled).

(6) The Secretary of State must not—

(a) include on release, or subsequently insert, a condition [F3 referred to in section 250(4)(b)(ii)] in a Parole Board licence, or

(b) vary or cancel any such condition,

except in accordance with directions of the Board.

Textual Amendments

F2 Words in Sch. 20B para. 34(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(9)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 11

F3 Words in Sch. 20B para. 34(6)(a) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(9)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 11

Fine defaulters and contemnors U.K.

35 (1) This paragraph applies to any person if— U.K.

(a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act—

(i) in default of payment of a sum adjudged to be paid by a conviction, or

(ii) for contempt of court or any kindred offence,

(b) the person was so committed or detained before 4 April 2005, and

(c) the term for which the person was committed or detained is 12 months or more.

(2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally.

(3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors).

Early removal of prisoners liable to removal from UK U.K.

36 (1) This paragraph applies to any person who— U.K.

(a) has served one-half of a sentence of imprisonment, and

(b) has not been released on licence under this Chapter.

(2) The reference in sub-paragraph (1)(a) to one-half of a sentence is—

(a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term;

(b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term.

37 (1) If a person to whom paragraph 36 applies— U.K.

(a) is liable to removal from the United Kingdom, and

(b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section,

the Secretary of State may remove the person from prison under that section at any time after the end of that period.

(2) Sub-paragraph (1) applies whether or not the Board has directed the person's release under paragraph 6, 15, 25 or 28.]

[F4 Manslaughter: prisoner's non disclosure of information U.K.

Textual Amendments

F4 Sch. 20B paras. 38, 39 and cross-headings inserted (E.W.) (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 2(4), 3(2); S.I. 2020/1537, reg. 2

38 (1) The Board must comply with this paragraph when making a public protection decision about a prisoner if— U.K.

(a) the prisoner's sentence was passed for manslaughter;

(b) the Board does not know where and how the victim's remains were disposed of; and

(c) the 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 Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This paragraph does not limit the matters which the Board must or may take into account when making a public protection decision.

(4) In this paragraph, in relation to a prisoner—

• “public protection decision” means the decision made—

  (a)

  under paragraph 6(2) for the purposes of paragraph 6(1),

  (b)

  under paragraph 15(4) for the purposes of paragraph 15(3), or

  (c)

  under paragraph 25(3) for the purposes of paragraph 25(2),

  as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “victim” means the victim of the offence for which the prisoner's 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.

Indecent images: prisoner's non-disclosure of information U.K.

39 (1) The Board must comply with this paragraph when making a public protection decision about a prisoner if— U.K.

(a) the prisoner's 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 Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c) the 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 Board (“the prisoner's non-disclosure”).

(2) When making the public protection decision about the prisoner, the Board must take into account—

(a) the prisoner's non-disclosure; and

(b) the reasons, in the Board's view, for the prisoner's non-disclosure.

(3) This paragraph does not limit the matters which the Board must or may take into account when making a public protection decision.

(4) For the purposes of this paragraph an offence is—

(a) an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b) a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i) it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii) the 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 an offence of making an indecent pseudo-photograph of a child, the references in sub-paragraph (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the actual child.

(5) In this paragraph—

• “public protection decision”, in relation to a prisoner, means the decision made—

  (a)

  under paragraph 6(2) for the purposes of paragraph 6(1),

  (b)

  under paragraph 15(4) for the purposes of paragraph 15(3), or

  (c)

  under paragraph 25(3) for the purposes of paragraph 25(2),

  as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

• “relevant indecent image” means—

  (a)

  the photograph to which an offence of taking an indecent photograph of a child relates, or

  (b)

  the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.]