(2) The sole function of the SVOSO division is to decide whether or not to release a prisoner on parole in respect of a sexual offence or a serious violent offence. (3) An order under section 74 that a prisoner be released on parole in respect of a sexual offence or a serious violent offence may only be made by the SVOSO division. (4) Subsection (3) applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation. (5) The SVOSO division may only make an order that a prisoner be released on parole in respect of a sexual offence or a serious violent offence if— (a) another division of the Board has recommended that parole be granted; and (b) the SVOSO division has considered the recommendation. (6) For the purposes of subsection (5), a member of the SVOSO division must not have sat as a member of the division making the recommendation. (7) After considering the recommendation of another division of the Board, the SVOSO division may refuse to make an order that a prisoner be released on parole in respect of a sexual offence or a serious violent offence even if the recommendation is that the prisoner be released on parole. (8) In this section, and serious violent offence sexual have the same meaning as in offence section 77(9).
(2) The sole function of the SVOSO division is to decide whether or not to release a prisoner on parole in respect of a sexual offence or a serious violent offence. (3) An order under section 74 that a prisoner be released on parole in respect of a sexual offence or a serious violent offence may only be made by the SVOSO division. (4) Subsection (3) applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation. (5) The SVOSO division may only make an order that a prisoner be released on parole in respect of a sexual offence or a serious violent offence if— (a) another division of the Board has recommended that parole be granted; and (b) the SVOSO division has considered the recommendation. (6) For the purposes of subsection (5), a member of the SVOSO division must not have sat as a member of the division making the recommendation. (7) After considering the recommendation of another division of the Board, the SVOSO division may refuse to make an order that a prisoner be released on parole in respect of a sexual offence or a serious violent offence even if the recommendation is that the prisoner be released on parole. (8) In this section, serious violent offence and sexual offence have the same meaning as in section 77(9).
86-117a118.docx