SCHEDULE 22 Mandatory Life Sentences: Transitional Cases
SCHEDULE 22 Mandatory Life Sentences: Transitional Cases

1

In this Schedule—

“the commencement date” means the day on which section 269 comes into force;

“the early release provisions” means the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c 43);

“existing prisoner” means a person serving one or more mandatory life sentences passed before the commencement date (whether or not he is also serving any other sentence);

“life sentence” means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales;

“mandatory life sentence” means a life sentence passed in circumstances where the sentence was fixed by law.

2

Paragraph 3 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has before the commencement date been notified in writing by the Secretary of State (otherwise than in a notice that is expressed to be provisional) either—

(a)     of a minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence, or

(b)     that the Secretary of State does not intend that the prisoner should ever be released on licence.

3

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

(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

Popular documents