HL Deb 23 July 1991 vol 531 cc664-5

7 Schedule 11. page 93, line 13, at end insert—

'6A.—(1) This paragraph applies where, in the case of an existing life prisoner, the Secretary of State certifies his opinion that, if—

  1. (a) section (Duty to release discretionary life prisoners) of this Act had been in force at the time when he was sentenced; and
  2. (b) the reference in subsection (1) (a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,
the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

(2) In a case to which this paragraph applies, Part II of this Act except section 28(2) shall apply as if—

  1. (a) the existing life prisoner were a discretionary life prisoner for the purposes of that Part; and
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  2. (b) the relevant part of his sentence within the meaning of section (Duty to release discretionary life prisoners) of this Act were the part specified in the certificate.

(3) In this paragraph "existing life prisoner" means a person who, at the commencement of Part II of this Act, is serving one or more of the following sentences, namely—

  1. (a) a sentence of life imprisonment;
  2. (b) a sentence of detention during her Majesty's pleasure or for life under section 53 of the 1933 Act; or
  3. (c) a sentence of custody for life under section 8 of the 1982 Act.

(4) A person serving two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of Part II of this Act unless the requirements of sub-paragraph (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section (Duty to release discretionary life prisoners) of this Act shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.'