Section 2A Marriages of whole life prisonersF1

(1)

A person (“A”) may not marry another person if A—

(a)

is serving a life sentence in a prison or other place of detention, and

(b)

is subject to a whole life order.

(2)

But subsection (1) does not apply if A has permission from the Secretary of State to marry the other person.

(3)

The Secretary of State may not give permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given.

(4)

A marriage solemnized in contravention of subsection (1) is void.

(5)

In this section—

“life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;
“whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

(6)

A person is to be treated for the purposes of this section as being subject to a whole life order if—

(a)

the person is serving a life sentence passed before 18 December 2003,

(b)

the sentence was passed in circumstances where the sentence was fixed by law,

(c)

before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and

(d)

an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).

Annotations

Textual amendments

F1: S. 2A inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(1), 81(2); S.I. 2024/846, reg. 2(a)