Legislation – Victims and Prisoners Act 2024
Changes to legislation:
Victims and Prisoners Act 2024, Section 72 is up to date with all changes known to be in force on or before 16 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 66(1)(2)s. 66(3)(a)–(e)(i)(f)(4)(5) coming into force by S.I. 2024/966 reg. 3(1)(a)
Part 4Prisoners
Application of Convention rights
I172Application of certain Convention rights in prisoner release cases
1
Subsection (3) applies where—
a
in any proceedings, a court is determining a question which has arisen as to whether a relevant Convention right of a person has been breached, and
b
the alleged breach arose in connection with a decision, under any prisoner release legislation, about whether the person should be released from custody.
2
The “prisoner release legislation” is—
a
Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences), including subordinate legislation made under that Chapter;
b
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall of fixed-term prisoners), including subordinate legislation made under that Chapter.
3
The court must give the greatest possible weight to the importance of reducing the risk to the public from persons who have committed offences in respect of which custodial sentences have been imposed.
4
In this section—
-
“court” includes a tribunal;
-
“custodial sentence” means a sentence specified in regulations made by the Secretary of State;
-
“relevant Convention right” means any Convention right other than the Convention rights set out in the following Articles of the Convention—
- a
Article 2 (right to life);
- b
Article 3 (prohibition of torture);
- c
Article 4(1) (prohibition of slavery);
- d
Article 7 (no punishment without law).
- a
5
In this section, the following terms have the same meanings as in the Human Rights Act 1998—
-
“the Convention”;
-
“Convention right”;
-
“subordinate legislation”.