Clause 42. — (Revocation of Licences and Conviction of Prisoners on Licence.)

– in the House of Commons at 12:00 am on 27th April 1967.

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Amendments made: No. 48, in page 34, line 18, leave out subsection (1) and insert:

(1) Where the Prison Licensing Board recommends the recall of any person who is subject to a licence under section 41 or section (Release of persons sentenced to imprisonment for life, etc.) of this Act, the Secretary of State may revoke that person's licence and recall him to prison.

(2) The Secretary of State may revoke the licence of any such person and recall him as aforesaid without consulting the Board, where it appears to him that it is expedient in the public interest to recall that person before such consultation is practicable.

(3) A person recalled to prison under the foregoing provisions of this section may make representations in writing with respect to his recall and shall on his return to prison be informed of the reasons for his recall and of his right to make such representations.

(4) The Secretary of State shall refer to the Board the case of a person recalled under subsection (1) of this section who makes representations under the last foregoing subsection and shall in any event so refer the case of a person returned to prison after being recalled under subsection (2) of this section.

(5) Where the Board recommends the immediate release on licence of a person whose case is referred to it under this section, the Secretary of State shall give effect to the recommendation, and where it is necessary for that purpose to release that person under subsection (1) of section (Release on licence of persons sentenced to imprisonment for life, etc.) of this Act, the Secretary of State shall do so without the consultation required by that subsection.

No. 49, in line 21, leave out 'any such licence' and insert: 'a licence under section 41 or section (Release on licence of persons sentenced to imprisonment for life, etc.) of this Act,'.

No. 50, in line 37, leave out from 'detained' to 'of' in line 38 and insert 'in pursuance'.

No. 51, in line 40, leave out from 'If' to 'under' in line 41 and insert: 'in the case of a person subject to a licence under section 41 of this Act, a court of assize or quarter sessions revokes that licence'.

No. 52, in page 35, line 3, at end insert: (6) This section shall have effect, in its application to a person sentenced to be detained under section 53 of the Children and Young Persons Act 1933 (young offenders convicted of grave crimes) as if for any reference to a prison there were substituted a reference to any place in which the Secretary of State directs that person to be detained.—[Mr. Roy Jenkins.]