Textual Amendments
F1Sch. 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)
Modifications etc. (not altering text)
C1Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C2Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C3Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
34(1)This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3) [F2and 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 [F3referred 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
F2Words 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
F3Words 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