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Section 60: Re-release of prisoners serving extended sentences.

Crime and Disorder Act 1998 · 1998 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part IV: Dealing with offenders — Chapter I: England and Wales

REPEALED on 2005-04-04 by Criminal Justice Act 2003.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

After section 44 of the 1991 Act there shall be inserted the following section—

Re-release of prisoners serving extended sentences (44A) (1) This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above. (2) Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time. (3) Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference. (4) On a reference— (a) under this section; or (b) under section 39(4) above, the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise). (5) If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.