Prisons Act 1933 · 2020 Revised Edition · Part 5C · Release on Licence
50ZG. When prisoner subject to SPP or SEPP may be released on licence
Feedback & supportLast amended by an amending law of 2024.
Where —
a prisoner subject to an SPP (other than a prisoner mentioned in paragraph (b)) has served two-thirds of the SPP; or
a prisoner is eligible for release under section 50ZN(8)(c)(iii) or (d)(iii) or (10),the Minister must consider whether to release the prisoner on licence and may, after such consideration, order the release of the prisoner on licence.
Where —
a prisoner subject to an SEPP has served the minimum period of custody for the SEPP as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010; or
a prisoner is eligible for release under section 50ZO(2)(c) or (3)(b)(ii),the Minister must consider whether to release the prisoner on licence and may, after such consideration, order the release of the prisoner on licence.
Where in relation to any prisoner subject to an SPP, the Minister or any office-holder designated by the Minister under subsection (9) has decided —
prisoner
“prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order or a home detention order, but does not include a person released and at large under a remission order;
not to make a release order under subsection (1); or
to revoke any release order under section 50ZL,the Minister or any office-holder designated by the Minister under subsection (9) (whether or not the same office-holder who made the original decision) must, at intervals not exceeding 12 months each, consider whether to release the prisoner on licence, and may make a release order after such consideration.
Where in relation to any prisoner subject to an SEPP, the Minister has decided —
not to make a release order under subsection (2); or
to revoke any release order under section 50ZL,the Minister must, at intervals not exceeding 12 months each, consider whether to release the prisoner on licence, and may make a release order after such consideration.
Despite subsection (1), (2), (3) or (4), any prisoner subject to an SPP or SEPP —
in respect of whom a release order has been made under any of those subsections and who had, before the release order was made, been ordered to undergo any punishment mentioned in section 70(1)(a), 71(1)(b) or 74(2)(a), must only be released after the prisoner has undergone the punishment; or
in respect of whom a release order has been made under any of those subsections and who had, before the release order was made, been punished under section 70(1)(f), 71(1)(e) or 74(2)(d) with the postponement of the date on which the prisoner may be released on a release order, must only be released on the date so postponed.
The duration of a release order is as follows:
for an SPP — a period starting on the date that the prisoner is released on the release order and ending at the expiry of the SPP;
for an SEPP — a period starting on the date that the prisoner is released on the release order and extending to the end of the natural life of the prisoner.
In relation to a prisoner subject to an SEPP —
at any time after the minimum period of custody for the SEPP as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010, the Minister may release the prisoner unconditionally; and
the SEPP expires if the prisoner is so released.
A prisoner released on licence under this section is deemed to be in the legal custody of the Superintendent of that prison from where the prisoner is released.
prison
“prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison or reformative training centre under section 3, and includes the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;
The Minister may designate any of the following office-holders in his or her Ministry to make an order under subsection (1) releasing a prisoner on licence or to revoke a release order made in respect of such prisoner under section 50ZL:
the Second Minister, if any;
any Minister of State or a Senior Minister of State;
any Parliamentary Secretary or a Senior Parliamentary Secretary.