71 An offence under section 7 of that Act (abduction of girl under 18 from
parent or guardian).
72 An offence under section 8 of that Act (unlawful detention of woman or girl
in brothel etc.).
73 An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on
earnings of prostitution or soliciting or importuning in a public place).
74 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45)
(incest by a man).
75 An offence under section 2 of that Act (incest by a woman).
76 An offence under section 21 of the Children and Young Persons Act
(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or
prostitution of girl under 17).
77 An offence under section 22 of that Act (indecent conduct towards child).
78 An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of
burglary with intent to commit rape.
79 An offence under Article 3 of the Protection of Children (Northern Ireland)
Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).
80 An offence under section 170 of the Customs and Excise Management Act
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods
prohibited to be imported under section 42 of the Customs Consolidation
Act 1876 (c. 36) (indecent or obscene articles).
81 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order
1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual
82 An offence under Article 7 of the Homosexual Offences (Northern Ireland)
Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit
83 An offence under Article 8 of that Order (living on earnings of male
84 An offence under Article 122 of the Mental Health (Northern Ireland) Order
1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe
85 An offence under Article 123 of that Order (protection of patients).
86 An offence under Article 15 of the Criminal Justice (Evidence, etc.)
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of
indecent photograph of a child).
87 An offence under Article 20 of the Criminal Justice (Northern Ireland) Order
2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).
88 An offence under Article 21 of that Order (indecent assault on a male).
89 An offence of—
(a) aiding, abetting, counselling, procuring or inciting the commission
of an offence specified in this Part of this Schedule,
(b) conspiring to commit an offence so specified, or
(c) attempting to commit an offence so specified.
Release of prisoners serving sentences of imprisonment or detention for public
Release on licence
1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions
of licences for life prisoners), is amended as follows.
(2) In subsection (1) (licence to remain in force until death), after “life prisoner”
there is inserted “, other than a prisoner to whom section 31A below
(3) After that subsection there is inserted—
“(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; or
(b) it ceases to have effect in accordance with an order made by
the Secretary of State under section 31A below.”
2 After that section there is inserted—
“31A Imprisonment or detention for public protection: termination of
(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.
(a) the prisoner has been released on licence under this Chapter;
(b) the qualifying period has expired,
the Secretary of State shall, if directed to do so by the Parole Board,
order that the licence is to cease to have effect.
(a) the prisoner has been released on licence under this Chapter;
(b) the qualifying period has expired; and
(c) if he has made a previous application under this subsection,
a period of at least twelve months has expired since the
disposal of that application,
the prisoner may make an application to the Parole Board under this
(4) Where an application is made under subsection (3) above, the Parole
(a) shall, if it is satisfied that it is no longer necessary for the
protection of the public that the licence should remain in
force, direct the Secretary of State to make an order that the
licence is to cease to have effect;
(b) shall otherwise dismiss the application.
(5) In this section—
“preventive sentence” means a sentence of imprisonment for
public protection under section 207 of the Criminal Justice
Act 2003 or a sentence of detention for public protection
under section 208 of that Act;
“the qualifying period”, in relation to a prisoner who has been
released on licence, means the period of ten years beginning
with the date of his release.”
3 In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c)
there is inserted—
“(d) a sentence of imprisonment for public protection under
section 207 of the Criminal Justice Act 2003, and
(e) a sentence of detention for public protection under section
208 of that Act.”
Determination of tariffs
4 In section 82A of the Sentencing Act (determination of tariffs), after
subsection (4) there is inserted—
“(4A) No order under subsection (4) above may be made where the life
(a) a sentence of imprisonment for public protection under
section 207 of the Criminal Justice Act 2003, or
(b) a sentence of detention for public protection under section
208 of that Act.”
The Parole Board: supplementary provisions
Status and Capacity
1 (1) The Board is not to be regarded as the servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown; and the Board’s
property is not to be regarded as property of, or held on behalf of, the
(2) It is within the capacity of the Board as a statutory corporation to do such
things and enter into such transactions as are incidental to or conducive to
the discharge of—
(a) its functions under Chapter 6 of Part 11 in respect of fixed-term
(b) its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act
1997 (c. 43) in relation to life prisoners within the meaning of that
2 (1) The Board is to consist of a chairman and not less than four other members
appointed by the Secretary of State.
(2) The Board must include among its members—
(a) a person who holds or has held judicial office;
(b) a registered medical practitioner who is a psychiatrist;
(c) a person appearing to the Secretary of State to have knowledge and
experience of the supervision or after-care of discharged prisoners;
(d) a person appearing to the Secretary of State to have made a study of
the causes of delinquency or the treatment of offenders.
(3) A member of the Board—
(a) holds and vacates office in accordance with the terms of his
(b) may resign his office by notice in writing addressed to the Secretary
and a person who ceases to hold office as a member of the Board is eligible
Payments to members
3 (1) The Board may pay to each member such remuneration and allowances as
the Secretary of State may determine.
(2) The Board may pay or make provision for paying to or in respect of any
member such sums by way of pension, allowances or gratuities as the
Secretary of State may determine.
(3) If a person ceases to be a member otherwise than on the expiry of his term of
office and it appears to the Secretary of State that there are special
circumstances that make it right that he should receive compensation, the
Secretary of State may direct the Board to make to that person a payment of
such amount as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph
requires the approval of the Treasury.
4 (1) Subject to the provisions of section 221(5), the arrangements relating to
meetings of the Board are to be such as the Board may determine.
(2) The arrangements may provide for the discharge, under the general
direction of the Board, of any of the Board’s functions by a committee or by
one or more of the members or employees of the Board.
(3) The validity of the proceedings of the Board are not to be affected by any
vacancy among the members or by any defect in the appointment of a
5 (1) The Board may appoint such number of employees as it may determine.
(2) The remuneration and other conditions of service of the persons appointed
under this paragraph are to be determined by the Board.
(3) Any determination under sub-paragraph (1) or (2) requires the approval of
the Secretary of State given with the consent of the Treasury.
(4) The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not
require insurance to be effected by the Board.
6 (1) Employment with the Board shall continue to be included among the kinds
of employment to which a scheme under section 1 of the Superannuation
Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in
which those kinds of employment are listed) at the end of the list of Other
Bodies there shall continue to be inserted—
(2) The Board shall pay to the Treasury, at such times as the Treasury may
direct, such sums as the Treasury may determine in respect of the increase
attributable to this paragraph in the sums payable under the
Superannuation Act 1972 out of money provided by Parliament.
7 (1) The Secretary of State shall pay to the Board—
(a) any expenses incurred or to be incurred by the Board by virtue of
paragraph 3 or 5; and
(b) with the consent of the Treasury, such sums as he thinks fit for
enabling the Board to meet other expenses.
(2) Any sums required by the Secretary of State for making payments under
sub-paragraph (1) are to be paid out of money provided by Parliament.
Authentication of Board’s seal
8 The application of the seal of the Board is to be authenticated by the
signature of the Chairman or some other person authorised for the purpose.
Presumption of authenticity of documents issued by Board
9 Any document purporting to be an instrument issued by the Board and to
be duly executed under the seal of the Board or to be signed on behalf of the
Board shall be received in evidence and shall be deemed to be such an
instrument unless the contrary is shown.
Accounts and audit
10 (1) It is the duty of the Board—
(a) to keep proper accounts and proper records in relation to the
(b) to prepare in respect of each financial year a statement of accounts in
such form as the Secretary of State may direct with the approval of
the Treasury; and
(c) to send copies of each such statement to the Secretary of State and the
Comptroller and Auditor General not later than 31st August next
following the end of the financial year to which the statement relates.
(2) The Comptroller and Auditor General shall examine, certify and report on
each statement of accounts sent to him by the Board and shall lay a copy of
every such statement and of his report before each House of Parliament.
(3) In this paragraph and paragraph 11 “financial year” means a period of 12
months ending with 31st March.
11 The Board must as soon as practicable after the end of each financial year
make to the Secretary of State a report on the performance of its functions
during the year; and the Secretary of State must lay a copy of the report
before each House of Parliament.
Determination of minimum term in relation to mandatory life sentence
1 In this Schedule—
“child” means a person under 18 years;
“mandatory life sentence” means a life sentence passed in
circumstances where the sentence is fixed by law;
“minimum term”, in relation to a mandatory life sentence, means the
part of the sentence to be specified in an order under section 247(2);
“whole life order” means an order under subsection (4) of section 247.
2 Section 28 of the Crime and Disorder Act 1998 (c. 37) (meaning of “racially
or religiously aggravated”) applies for the purposes of this Schedule as it
applies for the purposes of sections 29 to 32 of that Act.
3 For the purposes of this Schedule an offence is aggravated by sexual
orientation where the offence would be racially or religiously aggravated if
the references in section 28(1) and (2) of the Crime and Disorder Act 1998 to
a racial or religious group were a reference to a group of persons defined by
reference to their sexual orientation.
4 (1) If—
(a) the court considers that the seriousness of the offence (or the
combination of the offence and one or more offences associated with
it) is exceptionally high, and
(b) the offender was aged 21 or over when he committed the offence,
the appropriate starting point is a whole life order.
(2) Cases that would normally fall within sub-paragraph (1)(a) include—
(a) the murder of two or more persons, where each murder involves any
of the following—
(i) a substantial degree of premeditation or planning,
(ii) the abduction of the victim, or
(iii) sexual or sadistic conduct,
(b) the murder of a child if involving the abduction of the child or sexual
or sadistic motivation,
(c) a murder done for the purpose of advancing a political, religious or
ideological cause, or
(d) a murder by an offender previously convicted of murder.
5 (1) If—
(a) the case does not fall within paragraph 4(1) but the court considers
that the seriousness of the offence (or the combination of the offence
and one or more offences associated with it) is particularly high, and
(b) the offender was aged 18 or over when he committed the offence,
the appropriate starting point, in determining the minimum term, is 30
(2) Cases that (if not falling within paragraph 4(1)) would normally fall within
sub-paragraph (1)(a) include—
(a) the murder of a police officer or prison officer in the course of his
(b) a murder involving the use of a firearm or explosive,
(c) a murder done for gain (such as a murder done in the course or
furtherance of robbery or burglary, done for payment or done in the
expectation of gain as a result of the death),
(d) a murder intended to obstruct or interfere with the course of justice,
(e) a murder involving sexual or sadistic conduct,
(f) the murder of two or more persons,
(g) a murder that is racially or religiously aggravated or aggravated by
sexual orientation, or
(h) a murder falling within paragraph 4(2) committed by an offender
who was aged under 21 when he committed the offence.
6 In a case not falling within paragraph 4(1) or 5(1), the appropriate starting
point, in determining the minimum term, is 15 years.
Aggravating and mitigating factors
7 Having chosen a starting point, the court should take into account any
aggravating or mitigating factors, to the extent that it has not allowed for
them in its choice of starting point.
8 Detailed consideration of aggravating or mitigating factors may result in a
minimum term of any length (whatever the starting point), or in the making
of a whole life order.
9 Aggravating factors (additional to those mentioned in paragraph 4(2) and
5(2)) that may be relevant to the offence of murder include—
(a) a significant degree of planning or premeditation,
(b) the fact that the victim was particularly vulnerable because of age or
(c) mental or physical suffering inflicted on the victim before death,
(d) the abuse of a position of trust,
(e) the use of duress or threats against another person to facilitate the
commission of the offence,