The Act Commentary on Sections Part 2: Sentencing Section 28: Release of fine defaulters and contemnors under Criminal Justice Act 1991
249.This section concerns the early release of fine defaulters and contemnors on compassionate grounds under the 1991 Act. Subsections (2) and (4) amend section 45 of the 1991 Act by inserting a new subsection (3A). This subsection modifies section 36 of the 1991 Act so that fine defaulters and contemnors released early on compassionate grounds are no longer released on licence but instead are released unconditionally. It also removes the obligation to consult with the Parole Board in the case of long term prisoners.
250.As a consequence of this amendment, subsection (3) omits a provision dealing with the further release of fine defaulters and contemnors (if they are recalled following release on compassionate grounds) and subsection (5) omits a provision dealing with the duration of licences where they are released on compassionate grounds.