Criminal Justice Act 2003, Schedule 18, paragraph 3

Release on licence

SCHEDULE 18 Release of prisoners serving sentences of imprisonment or detention for public protection

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 225 of the Criminal Justice Act 2003, and

(e)a sentence of detention for public protection under section 226 of that Act.”

Cases considering Schedule 18, paragraph 3 3

Secretary of State for Justice (Respondent) v James (FC) (Appellant) (formerly Walker and another) R (on the application of Lee) (FC) (Appellant) v Secretary of State for Justice (Respondent) and one other action

[2009] UKHL 22 · 6 May 2009

The paragraph formed part of the machinery bringing IPP prisoners within the release regime applicable to life prisoners. (see para [104])

D' Cunha, R (on the application of) v The Parole Board

[2011] EWHC 128 (Admin) · 1 February 2011Defines

Identifies the amendment extending the definition of life prisoners to include IPP prisoners, supporting the application of the directions’ open-conditions section to IPP prisoners. (see paras [53], [55]-[57])

Gray v Secretary of State for Justice & Anor

[2010] EWHC 2 (Admin) · 11 January 2010

Works with section 230 to include a person sentenced to detention for public protection within the statutory provisions relating to parole (see para [7]).

What each judgment says about Schedule 18, paragraph 3 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I632Sch. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (subject to art. 2(2), Sch. 2)