OpenLegislation

Paragraph 38 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Board must comply with this paragraph when making a F2relevant public protection decision about a prisoner if—

(a)

the prisoner's sentence was passed for manslaughter;

(b)

the Board does not know where and how the victim's remains were disposed of; and

(c)

the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)

When making the F3relevant public protection decision about the prisoner, the Board must take into account—

(a)

the prisoner's non-disclosure; and

(b)

the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)

This paragraph does not limit the matters which the Board must or may take into account when making a F4relevant public protection decision.

(4)

In this paragraph, in relation to a prisoner—

  • F5“public protection decision” has the meaning given by section 237A(2);

  • “relevant public protection decision” means the public protection decision made—

    1. (a)

      under paragraph 6(2) for the purposes of paragraph 6(1),

    2. (b)

      under paragraph 15(4) for the purposes of paragraph 15(3),

    3. (c)

      under paragraph 25(3) for the purposes of paragraph 25(2), or

    4. (d)

      under paragraph 28(3) for the purposes of paragraph 28(2);

  • “victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.

Annotations

Textual amendments

F1

Sch. 20B paras. 38, 39 and cross-headings inserted (E.W.) (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 2(4), 3(2); S.I. 2020/1537, reg. 2

F2

Word in Sch. 20B para. 38(1) inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 59(11)(a), 81(2); S.I. 2025/95, reg. 3(b)

F3

Word in Sch. 20B para. 38(2) inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 59(11)(b), 81(2); S.I. 2025/95, reg. 3(b)

F4

Word in Sch. 20B para. 38(3) inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 59(11)(c), 81(2); S.I. 2025/95, reg. 3(b)

F5

Words in Sch. 20B para. 38(4) substituted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 59(11)(d), 81(2); S.I. 2025/95, reg. 3(b)

Notes on Schedule 20B

Textual amendments

F1

Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)

Modifications

C1

Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C2

Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C3

Schs. 20A, 20B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

Notes on Part 4

Textual amendments

F1

Sch. 20B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 10; S.I. 2012/2906, art. 2(o)