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 12 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.
Deferment of sentence
1 For sections 1 and 2 of the Sentencing Act (deferment of sentence) there is
“Deferment of sentence
1 Deferment of sentence
(1) The Crown Court or a magistrates’ court may defer passing sentence
on an offender for the purpose of enabling the court, or any other
court to which it falls to deal with him, to have regard in dealing with
(a) his conduct after conviction (including, where appropriate,
the making by him of reparation for his offence); or
(b) any change in his circumstances;
but this is subject to subsections (3) and (4) below.
(2) Without prejudice to the generality of subsection (1) above, the
matters to which the court to which it falls to deal with the offender
may have regard by virtue of paragraph (a) of that subsection
include the extent to which the offender has complied with any
requirements imposed under subsection (3)(b) below.
(3) The power conferred by subsection (1) above shall be exercisable
(a) the offender consents;
(b) the offender undertakes to comply with any requirements as
to his conduct during the period of the deferment that the
court considers it appropriate to impose; and
(c) the court is satisfied, having regard to the nature of the
offence and the character and circumstances of the offender,
that it would be in the interests of justice to exercise the
(4) Any deferment under this section shall be until such date as may be
specified by the court, not being more than six months after the date
on which the deferment is announced by the court; and, subject to
section 1D(3) below, where the passing of sentence has been deferred
under this section it shall not be further so deferred.
(5) Where a court has under this section deferred passing sentence on an
offender, it shall forthwith give a copy of the order deferring the
passing of sentence and setting out any requirements imposed under
subsection (3)(b) above—
(a) to the offender,
(b) where an officer of a local probation board has been
appointed to act as a supervisor in relation to him, to that
(c) where a person has been appointed under section 1A(2)(b)
below to act as a supervisor in relation to him, to that person.
(6) Notwithstanding any enactment, a court which under this section
defers passing sentence on an offender shall not on the same
occasion remand him.
(a) a court which under this section has deferred passing
sentence on an offender proposes to deal with him on the
date originally specified by the court, or
(b) the offender does not appear on the day so specified,
the court may issue a summons requiring him to appear before the
court at a time and place specified in the summons, or may issue a
warrant to arrest him and bring him before the court at a time and
place specified in the warrant.
(8) Nothing in this section or sections 1A to 1D below shall affect—
(a) the power of the Crown Court to bind over an offender to
come up for judgment when called upon; or
(b) the power of any court to defer passing sentence for any
purpose for which it may lawfully do so apart from this