HL Deb 03 July 1991 vol 530 cc1053-4

2Q Page 27, line 27, leave out '28(4)' and insert '(Duty to release discretionary life prisoners) (8)'.

2R Page 27, line 35, at end insert: "'sexual offence" and "violent offence" have the same meanings as in Part I of this Act.'

2S Page 27, line 39, at end insert: '(3) Nothing in this Part shall require the Secretary of State to release a person who is serving—

  1. (a) a sentence of imprisonment for a term; and
  2. (b) one or more sentences of imprisonment for life,
unless and until he is entitled under this Part to he released in respect of each of those sentences.'.

2T Page 27, line 39, at end insert: '(4) Subsections (2) and (3) of section 25 of this Act shall apply for the purposes of this Part as they apply for the purposes of Part I of this Act.'.

2U Page 90, line 26, at end insert:

'Repatriation of Prisoners Act 1984 (c.47)

.—(1) In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners Out of United Kingdom), in subsection (4) (h), for sub-paragraph (i) there shall be substituted the following sub-paragraph— "(i) released on licence under section 27(1) (b) or (2), (Duty to release discretionary life prisoners) (3) or 28(1) or (2) of the Criminal Justice Act 1991;".

(2) In section 3 of that Act (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection— "(9) The provisions contained by virtue of subsection (1) (c) above in a warrant under this Act shall, in the case of a prisoner to whom section (Life prisoners transferred to England and Wales) of the Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales) applies, include provision specifying the relevant part of his sentence within the meaning of section (Duty to release discretionary life prisoners) of that Act (duty of Secretary of State to release discretionary life prisoners)."

(3) In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom) —

  1. (a) in sub-paragraph (1), for the words from "section 60" to "of that section" there shall be substituted the words "section 27(1) (b) or (2), (Duty to release discretionary life prisoners) (3) or (5) or 28(1) of the Criminal Justice Act 1991 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision,"; and
  2. (b) in sub-paragraph (2), for the words "one third" there shall be substituted the words "ant' particular proportion or part".

(4) In paragraph 3 of that Schedule, for the words "section 61 of the Criminal Justice Act 1967" there shall be substituted the words "section 28(2) of the Criminal Justice Act 1991".'.

Lord Waddington

My Lords, I beg to move Amendments Nos. 2Q to 2U en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 2Q to 2U. —(Lord Waddington.)

On Question, Motion agreed to.