§ Power to release life prisoners—
§ '(1) The Secretary of State shall refer the case of a life prisoner to the Board for review as soon as the offender has served the punitive element of his sentence.
§ (2) After consultation with the Lord Chief Justice, and with the trial judge if available, the Board may direct the release of a life prisoner whose case is referred to it under subsection (1) above.
§ (3) In determining whether to direct the release of a life prisoner, the Board shall have regard to—
- (a) the need to protect the public from serious harm from him; and
- (b) the desirability of preventing the commission by him of further offences and of securing his rehabilitation.
§ (4) The Board may direct the release of a life prisoner under this section—
- (a) on licence; or
- (b) unconditionally.
§ (5) Where the Board directs the release of a life prisoner on licence it may also direct the length of time for which the licence is to remain in force.
§ (6) If the Board gives no direction as to the length of a licence under subsection (5) above, it shall review the licence—
- (a) before the expiry of a period of five years from the date of the Board's decision to release the offender on licence; and
- (b) before the expiry of any subsequent period of three years
§ (7) It shall be the duty of the Secretary of State to release a prisoner unconditionally as soon as his licence has ceased to be in force unless he has previously been recalled to prison under subsection (1) or (2) of section 32 below.
§ (8) In this section "punitive element" means the sentence of imprisonment which the Crown Court, or on appeal the Court of Appeal, shall state in open court as being the sentence it would have passed if it had not passed a sentence of imprisonment for life, whether under requirement of law or otherwise.
§ (9) In this Part "life prisoner" means a person serving a sentence of imprisonment for life.'.