Criminal Justice Act 2003

This section has no associated Explanatory Notes

3(1)On the application of the existing prisoner, the High Court must, in relation to the mandatory life sentence, either—E+W

(a)order that the early release provisions are to apply to him as soon as he has served the part of the sentence which is specified in the order, which in a case falling within paragraph 2(a) must not be greater than the notified minimum term, or

(b)in a case falling within paragraph 2(b), order that the early release provisions are not to apply to the offender.

(2)In a case falling within paragraph 2(a), no application may be made under this paragraph after the end of the notified minimum term.

(3)Where no application under this paragraph is made in a case falling within paragraph 2(a), the early release provisions apply to the prisoner in respect of the sentence as soon as he has served the notified minimum term (or, if he has served that term before the commencement date but has not been released, from the commencement date).

(4)In this paragraph “the notified minimum term” means the minimum period notified as mentioned in paragraph 2(a), or where the prisoner has been so notified on more than one occasion, the period most recently so notified.