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 216 of the Criminal Justice Act 2003, or
(b) a sentence of detention for public protection under section
217 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 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 230(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 254(2);
“whole life order” means an order under subsection (4) of section 254.
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,
(f) the fact that the victim was providing a public service or performing
a public duty, and
(g) concealment, destruction or dismemberment of the body.
10 Mitigating factors that may be relevant to the offence of murder include—
(a) an intention to cause serious bodily harm rather than to kill,
(b) lack of premeditation,
(c) the fact that the offender suffered from any mental disorder or
mental disability which (although not falling within section 2(1) of
the Homicide Act 1957 (c. 11)), lowered his degree of culpability,
(d) the fact that the offender was provoked (for example, by prolonged
stress) in a way not amounting to a defence of provocation,
(e) the fact that the offender acted to any extent in self-defence,
(f) a belief by the offender that the murder was an act of mercy, and
(g) the age of the offender.
11 Nothing in this Schedule restricts the application of—
(a) section 136(2) (previous convictions),
(b) section 136(3) (bail), or
(c) section 137 (guilty plea).
Mandatory life sentences: transitional cases
1 In this Schedule—
“the commencement date” means the day on which section 254 comes
“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 a mandatory life sentence
passed before the commencement date;
“mandatory life sentence” means a sentence of imprisonment for life or
custody for life passed in England and Wales in circumstances where
the sentence was fixed by law.
Existing prisoners notified by Secretary of State
2 Paragraph 3 applies in relation to any existing prisoner who 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 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 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 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
(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.
4 (1) In dealing with an application under paragraph 3, the High Court must have
(a) the seriousness of the offence, or of the combination of the offence
and one or more offences associated with it,
(b) where the court is satisfied that, if the prisoner had been sentenced
to a term of imprisonment, the length of his sentence would have
been treated by section 67 of the Criminal Justice Act 1967 (c. 80) as
being reduced by a particular period, the effect which that section
would have had if he had been sentenced to a term of imprisonment,
(c) the length of the notified minimum term or, where a notification
falling within paragraph 2(b) has been given to the prisoner, to the
fact that such a notification has been given.
(2) In considering under sub-paragraph (1) the seriousness of the offence, or of
the combination of the offence and one or more offences associated with it,
the High Court must have regard to—
(a) the general principles set out in Schedule 17, and
(b) any recommendation made to the Secretary of State by the trial judge
or the Lord Chief Justice as to the minimum term to be served by the
offender before release on licence.
(3) In this paragraph “the notified minimum term” has the same meaning as in
Existing prisoners not notified by Secretary of State
5 Paragraph 6 applies in relation to any existing prisoner who has not before
the commencement date been notified as mentioned in paragraph 2(a) or (b)
by the Secretary of State.
6 The Secretary of State must refer the prisoner’s case to the High Court for the
making by the High Court of an order under subsection (2) or (4) of section
7 In considering under subsection (3) or (4) of section 254 the seriousness of an
offence (or the combination of an offence and one or more offences
associated with it) in a case referred to the High Court under paragraph 6,
the High Court must have regard not only to the matters mentioned in
subsection (5) of that section but also to any recommendation made to the
Secretary of State by the trial judge or the Lord Chief Justice as to the
minimum term to be served by the offender before release on licence.
8 In dealing with a reference under paragraph 6, the High Court—
(a) may not make an order under subsection (2) of section 254 specifying
a part of the sentence which in the opinion of the court is greater than
that which, under the practice followed by the Secretary of State
before December 2002, the Secretary of State would have been likely
to notify as mentioned in paragraph 2(a), and
(b) may not make an order under subsection (4) of section 254 unless the
court is of the opinion that, under the practice followed by the
Secretary of State before December 2002, the Secretary of State would
have been likely to give the prisoner a notification falling within
Sentences passed on or after commencement date in respect of offences committed before that
9 Paragraph 10 applies where—