'Early release - national proceedings' in document 'UK ICC Act 2001'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SCHEDULES

SCHEDULE 7 Domestic provisions not applicable to ICC prisoners

Provisions relating to early release or release on licence

3(1)The following provisions of the law of England and Wales do not apply—
section 28 of the Prison Act 1952 (c. 52) (power to discharge prisoners temporarily on grounds of ill health);
any provision of rules under section 47 of that Act (prison rules) permitting temporary release on licence;
section 32 of the Criminal Justice Act 1982 (c. 48) or sections 244 to 264 of the Criminal Justice Act 2003 (early release of prisoners);
Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (release on licence of life prisoners).
(2)The following provisions of the law of Northern Ireland do not apply—
any provision of rules under section 13 of the Prison Act (Northern Ireland) 1953 (c.18 (N.I.)) (prison rules) permitting temporary release on licence;
the Life Sentences (Northern Ireland) Order 2001 (release on licence of life prisoners);
section 24 of the Prison Act (Northern Ireland) 1953 (power to discharge prisoners temporarily on grounds of ill health).


ANALYSIS

This provision follows the ICC Statute.

 

Prisoners serving their sentence in the UK cannot apply to national courts for early release, and national provisions allowing this are disapplied in this case.