Crime (Sentences) Act 1997

1997 CHAPTER 43

An Act to make further provision with respect to the treatment of offenders; and for connected purposes.

[21st March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

F1 Part I E+W

Textual Amendments

F1 Pt. I (ss. 1-7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Part II E+W Effect of custodial sentences

Modifications etc. (not altering text)

C3 Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)

Chapter I E+W Determinate sentences

General E+W

F9 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 8 repealed (30.9.1998) by 1998 c. 37, s. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 22(1)(w)(3)(x).

F10 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 9A repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Early release E+W

F12 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F13 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F14 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F15 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

Additional days E+W

F16 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F17 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

Supervision after release E+W

F18 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F19 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F20 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

Special cases E+W

F21 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F22 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F23 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F24 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F25 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F26 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F27 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

Supplemental E+W

F28 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F28 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

F29 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F29 Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).

Chapter II E+W Life sentences

Modifications etc. (not altering text)

C4 Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2

Release on licence E+W

28 Duty to release certain life prisoners. E+W

(1) A life prisoner is one to whom this section applies if—

(a) the conditions mentioned in subsection (2) below are fulfilled; or

(b) he was under 18 at the time when he committed the offence for which his sentence was imposed.

(2) The conditions referred to in subsection (1)(a) above are—

(a) that the prisoner’s sentence was imposed for an offence the sentence for which is not fixed by law; and

(b) that the court by which he was sentenced for that offence ordered that this section should apply to him as soon as he had served a part of his sentence specified in the order.

(3) A part of a sentence specified in an order under subsection (2)(b) above shall be such part as the court considers appropriate taking into account—

(a) the seriousness of the offence, or the combination of the offence and other offences associated with it; and

(b) the effect of any direction which it would have given under [F30 section 87 of the Powers of Criminal Courts(Sentencing) Act 2000] if it had sentenced him to a term of imprisonment [F31 and

(c) the provisions of this section as compared with those of sections 33(2) and 35(1) of the M17 Criminal Justice Act 1991 (“the 1991 Act”)]

(4) Where in the case of a life prisoner to whom this section applies the conditions mentioned in subsection (2) above are not fulfilled, the Secretary of State shall direct that this section shall apply to him as soon as he has served a part of his sentence specified in the direction.

(5) As soon as, in the case of a life prisoner to whom this section applies—

(a) he has served the part of his sentence specified in the order or direction (“the relevant part”); and

(b) the Parole Board has directed his release under this section,

it shall be the duty of the Secretary of State to release him on licence.

(6) The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies unless—

(a) the Secretary of State has referred the prisoner’s case to the Board; and

(b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(7) A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board at any time—

(a) after he has served the relevant part of his sentence; and

(b) where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and

(c) where he is also serving a sentence of imprisonment or detention for a term, after [F32 he has served one-half of that sentence];

and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.

(8) In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the M18 Prison Act 1952.

(9) An offence is associated with another for the purposes of this section if it is so associated for the purposes of [F33 the Powers of Criminal Courts (Sentencing) Act 2000].

Textual Amendments

F30 Words in s. 28(3)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 182(2)

F31 S. 28(3)(c) and the word “and” immediately preceding it inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 130(1); S.I. 1998/2327, art. 2(2)(ll)

F32 Words in s. 28(7)(c) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 130(2); S.I. 1998/2327, art. 2(2)(ll)

F33 Words in s. 28(9) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 182(3)

Modifications etc. (not altering text)

C5 S. 28: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

Marginal Citations

M17 1991 c. 53.

M18 1952 c.52.

29 Power to release other life prisoners. E+W

(1) If recommended to do so by the Parole Board, the Secretary of State may, after consultation with the Lord Chief Justice together with the trial judge if available, release on licence a life prisoner who is not one to whom section 28 above applies.

(2) The Parole Board shall not make a recommendation under subsection (1) above unless the Secretary of State has referred the particular case, or the class of case to which that case belongs, to the Board for its advice.

Modifications etc. (not altering text)

C6 S. 29: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

C7 S. 29(1) modified (prosp.) by 1984 c. 47, Sch. para. 2 (as modified by 1997 c. 43, ss. 42, 57(2), Sch. 2 paras. 4(1)(5))

30 Power to release life prisoners on compassionate grounds. E+W

(1) The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

(2) Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.

Modifications etc. (not altering text)

C8 S. 30: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)

Licences and recall E+W

31 Duration and conditions of licences. E+W

(1) Where a life prisoner is released on licence, the licence shall, unless previously revoked under section 32(1) or (2) below, remain in force until his death.

(2) A life prisoner subject to a licence shall comply with such conditions F34 . . . as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

[F35 (2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—

(a) a probation officer appointed for or assigned to the petty sessions area within which the prisoner resides for the time being;

(b) where the prisoner is under the age of 22, a social worker of the social services department of the local authority within whose area the prisoner resides for the time being; or

(c) where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.]

(3) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a life prisoner, or vary or cancel any such condition, except—

(a) in the case of the inclusion of a condition in the licence of a life prisoner to whom section 28 above applies, in accordance with recommendations of the Parole Board; and

(b) in any other case, after consultation with the Board.

(4) For the purposes of subsection (3) above, the Secretary of State shall be treated as having consulted the Parole Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

(5) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by [F36 section 46(3) of the 1991 Act]), subsection (2) above shall have effect as if [F36 subsection (2A) above] were omitted.

Textual Amendments

F34 Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch.10; S.I. 1998/2327, art. 3(1)(b)(c), Sch.1; S.I. 2000/924, art. 3

F35 S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch.1; S.I. 2000/924, art. 3

F36 Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).

Modifications etc. (not altering text)

C9 S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

C10 S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a)

S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).

32 Recall of life prisoners while on licence. E+W

(1) If recommended to do so by the Parole Board in the case of a life prisoner who has been released on licence under this Chapter, the Secretary of State may revoke his licence and recall him to prison.

(2) The Secretary of State may revoke the licence of any life prisoner and recall him to prison without a recommendation by the Parole Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.

(3) A life prisoner recalled to prison under subsection (1) or (2) above—

(a) may make representations in writing with respect to his recall; and

(b) on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

(4) The Secretary of State shall refer to the Parole Board—

(a) the case of a life prisoner recalled under subsection (1) above who makes representations under subsection (3) above; and

(b) the case of a life prisoner recalled under subsection (2) above.

(5) Where on a reference under subsection (4) above the Parole Board—

(a) directs in the case of a life prisoner to whom section 28 above applies; or

(b) recommends in the case of any other life prisoner,

his immediate release on licence under this section, the Secretary of State shall give effect to the direction or recommendation.

(6) On the revocation of the licence of any life prisoner under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Modifications etc. (not altering text)

C11 S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

Miscellaneous and supplemental E+W

33 Life prisoners transferred to England and Wales. E+W

(1) This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—

(a) the prisoner’s offence had been committed after the commencement of this Chapter; and

(b) he had been sentenced for it in England and Wales,

the court by which he was so sentenced would have ordered that section 28 above should apply to him as soon as he had served a part of his sentence specified in the certificate.

(2) This section also applies where, in the case of a transferred life prisoner, the Secretary of State certifies his opinion that, if—

(a) the prisoner’s offence had been committed after the commencement of this Chapter; and

(b) he had been sentenced for it in England and Wales,

the Secretary of State would have directed that section 28 above should apply to him as soon as he had served a part of his sentence specified in the certificate.

(3) In a case to which this section applies, this Chapter except section 29(1) above shall apply as if—

(a) the transferred life prisoner were a life prisoner to whom section 28 above applies; and

(b) the relevant part of his sentence within the meaning of section 28 above were the part specified in the certificate.

(4) In this section “transferred life prisoner” means a person—

(a) on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and

(b) who has been transferred to England and Wales, in pursuance of—

(i) an order made by the Secretary of State under paragraph 1 of Schedule 1 to this Act or section 2 of the M19 Colonial Prisoners Removal Act 1884; or

(ii) a warrant issued by the Secretary of State under the M20 Repatriation of Prisoners Act 1984,

there to serve his sentence or sentences or the remainder of his sentence or sentences.

(5) A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a life prisoner to whom section 28 above applies unless the requirements of subsection (1) or (2) above are satisfied as respects each of those sentences; and subsections (5) and (7) of section 28 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

Marginal Citations

M19 1884 c.31.

M20 1984 c.47.

34 Interpretation of Chapter II. E+W

(1) In this Chapter “life prisoner” means a person serving one or more life sentences; but—

(a) a person serving two or more such sentences shall not be treated as a life prisoner to whom section 28 above applies unless the requirements of section 28(1) above are satisfied as respects each of those sentences; and

(b) subsections (5) and (7) of that section shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

(2) In this section “life sentence” means any of the following imposed for an offence, whether committed before or after the commencement of this Chapter, namely—

(a) a sentence of imprisonment for life;

(b) a sentence of detention during Her Majesty’s pleasure or for life under [F37 section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000]; and

(c) a sentence of custody for life under [F37 section 93 or 94 of that Act].

(3) In this Chapter “court” includes a court-martial and “trial judge” includes a trial judge advocate; and in subsection (2) above—

(a) the reference to [F37 section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000] includes a reference to subsections (3) and (4) of section 71A of the M21 Army Act 1955 and the M22 Air Force Act 1955 and section 43A of the M23 Naval Discipline Act 1957; and

(b) the reference to [F37 section 93 or 94 of that Act of 2000] includes a reference to subsections (1A) and (1B) of [F37 section 71A of the Army Act 1955 and the Air Force Act 1955 and section 43A of the Naval Discipline Act 1957.]

[F38 (4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.]

Textual Amendments

F37 Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)

F38 S. 34(4) inserted (30.9.1998) by 1998 c. 37, ss. 101(2), 120(1), Sch. 9 para. 11; S.I. 1998/2327, art. 2(1)(v).

Modifications etc. (not altering text)

C12 S. 34: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1

Marginal Citations

M21 1955 c.18.

M22 1955 c.19.

M23 1957 c.53.

Part III U.K. Miscellaneous and supplemental

Community sentences E+W

35 Fine defaulters: general. E+W

(1) Subsection (2) below applies in any case where a magistrates’ court—

(a) has power under Part III of [F39 the Magistrates’ Courts Act 1980 (“the 1980 Act”)] to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court (other than a sum ordered to be paid under section 71 of the M24 Criminal Justice Act 1988 or section 2 of the M25 Drug Trafficking Act 1994); or

(b) would, but for [F40 section 89 of the Powers of Criminal Courts (Sentencing) Act 2000] (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.

(2) The magistrates’ court may—

(a) subject to subsections (4) to (6) [F41 , (10) and (11)] below, make a community service order; or

(b) subject to subsections (7) to (11) below, make a curfew order,

in respect of the person in default instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders).

(3) Where a magistrates’ court has power to make an order under subsection (2)(a) or (b) above, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions, if any, as it thinks just.

[F42 (4) Section 46(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders) shall apply for the purposes of subsection (2)(a) above as if for the words from the beginning to “make” there were substituted “Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender”; and—

(a) section 46(3) and (4) of that Act, and

(b) so far as applicable, the following provisions of section 46 of that Act and the other provisions of Part IV of that Act relating to community service orders,

have effect in relation to a community service order made by virtue of this section as they have effect in relation to any community service order made under that Act, subject to the exceptions in subsection (5) below.

F42 (5) The following are the exceptions, namely—

(a) the reference in section 46(3)(a) of that Act to 40 hours shall be construed as a reference to 20 hours;

(b) section 46(8) of that Act shall not apply;

(c) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(d) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(e) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(f) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(g) paragraph 11(2)(b) of that Schedule shall not apply.]

(6) In the case of an amount in default which is described in the first column of the following Table, the period of community service specified in an order under subsection (2)(a) above shall not exceed the number of hours set out opposite that amount in the second column of that Table.

Table

Amount	Number of hours
An amount not exceeding £200	40 hours
An amount exceeding £200 but not exceeding £500	60 hours
An amount exceeding £500	100 hours

[F43 (7) Section 37(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (curfew orders) shall apply for the purposes of subsection (2)(b) above as if for the words from the beginning to “make” there were substituted “Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender”; and—

(a) section 37(3), (5) to (8) and (10) to (12) of that Act, and

(b) so far as applicable, the other provisions of Part IV of that Act relating to curfew orders,

have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any curfew order made under that Act, subject to the exceptions in subsection (8) below.

F43 (8) The following are the exceptions, namely—

(a) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(b) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(c) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(d) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(e) paragraph 11(2)(b) of that Schedule shall not apply.]

(9) In the case of an amount in default which is described in the first column of the following Table, the number of days to which an order under subsection (2)(b) above relates shall not exceed the number of days set out opposite that amount in the second column of that Table.

Table

Amount	Number of days
An amount not exceeding £200	20 days
An amount exceeding £200 but not exceeding £500	30 days
An amount exceeding £500 but not exceeding £1,000	60 days
An amount exceeding £1,000 but not exceeding £2,500	90 days
An amount exceeding £2,500	180 days

(10) A magistrates’ court shall not make an order under [F44 subsection (2)(a) or (b)] above in respect of a person who is under 16.

(11) A magistrates court shall not make an order under subsection (2)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.

(12) In subsection (11) above “the relevant area” means—

(a) in relation to an order under subsection (2)(a) above, the area proposed to be specified in the order;

(b) in relation to an order under subsection (2)(b) above, the area in which the place proposed to be specified in the order is situated.

[F45 (12A) Sections 35 and 36 of the Powers of Criminal Courts (Sentencing) Act 2000 (restrictions and procedural requirements for community sentences) do not apply in relation to an order under subsection (2)(a) or (b) above.]

(13) Where an order has been made under subsection (2)(a) or (b) above for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of that sum to any such person, the total number of hours or days to which the order relates shall be reduced proportionately;

and the total number is so reduced if it is reduced by such number of complete hours or days as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.

(14) The Secretary of State may by order direct that subsection (5)(a), (6) or (9) above shall be amended by substituting for any number of hours or days there specified such number of hours or days as may be specified in the order.

(15) The power to make an order under this section shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Textual Amendments

F39 Words in s. 35(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 132(1); S.I. 1998/2327, art. 2(2)(nn).

F40 Words in s. 35(1)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(2)

F41 Words in s. 35(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 50(1); S.I. 1998/2327, art. 2(1)(w).

F42 S. 35(4)(5) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3)

F43 S. 35(7)(8) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(4)

F44 Words in s. 35(10) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 50(6); S.I. 1998/2327, art. 2(1)(w).

F45 S. 35(12A) inserted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(5)

Commencement Information

I4 S. 35 not in force at Royal Assent, see s. 57(2). S. 35 in force at 1.1.1998 by 1997/2200, art. 3 (subject to savings in art. 5)

Marginal Citations

M24 1988 c.33.

M25 1994 c.37.

F46 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F46 S. 36 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F47 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F47 S. 37 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F48 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F48 S. 38 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Driving disqualifications E+W

F49 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F49 S. 39 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

40 Fine defaulters. E+W

(1) This section applies in any case where a magistrates’ court—

(a) has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court (other than a sum ordered to be paid under section 71 of the M26 Criminal Justice Act 1988 or section 2 of the M27 Drug Trafficking Act 1994); or

(b) would, but for [F50 section 89 of the Powers of Criminal Courts (Sentencing) Act 2000] (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.

(2) Subject to subsection (3) below, the magistrates’ court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

(3) A magistrates court shall not make an order under subsection (2) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.

(4) Where an order has been made under subsection (2) above for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of that sum to any such person, the number of weeks or months to which the order relates shall be reduced proportionately;

and the total number is so reduced if it is reduced by such number of complete weeks or months as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.

(5) The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

[F51 (6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him together with its counterpart.

(7) In this section—

• “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;

• “counterpart”, in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act.]

Textual Amendments

F50 Words in s. 40(1)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 185(2)

F51 S. 40(6)(7) substituted (25.8.2000) for s. 40(6) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 185(3)

Commencement Information

I5 S. 40 not in force at Royal Assent, see s. 57(2). S. 40 in force at 1.1.1998 by 1997/2200, art. 3 (subject to savings in art. 5)

Marginal Citations

M26 1988 c.33.

M27 1994 c.37.

Transfer and repatriation of prisoners U.K.

41 Transfer of prisoners within the British Islands. U.K.

Schedule 1 to this Act (which makes provision with respect to the transfer of prisoners within the British Islands) shall have effect.

42 Repatriation of prisoners to the British Islands. U.K.

Schedule 2 to this Act (which makes provision, including retrospective provision, with respect to prisoners repatriated to the British Islands) shall have effect.

Young offenders E+W+S

F52 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F52 S. 43 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F53 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F53 S. 44 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. II paras. 1, 2)

45 Publication of reports. E+W+S

(1) After subsection (4) of section 49 of the 1933 Act (restrictions on reports of proceedings in which children or young persons are concerned) there shall be inserted the following subsections—

“(4A) If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the requirements of this section in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to—

(a) the prosecution or conviction of the offender for the offence;

(b) the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;

(c) the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;

(d) where an attendance centre order is made in respect of the offence, the enforcement of any rules made under section 16(3) of the M28 Criminal Justice Act 1982; or

(e) where a secure training order is so made, the enforcement of any requirements imposed under section 3(7) of the M29 Criminal Justice and Public Order Act 1994.

(4B) A court shall not exercise its power under subsection (4A) above without—

(a) affording the parties to the proceedings an opportunity to make representations; and

(b) taking into account any representations which are duly made.”

(2) Subsection (1) above shall not apply where the offence was committed before the commencement of this section.

Marginal Citations

M28 1982 c.48.

M29 1994 c.33.

Mentally disordered offenders U.K.

46 Power to make hospital and limitation directions. E+W

After section 45 of the 1983 Act there shall be inserted the following sections—

“ Hospital and limitation directions E+W

45A Power of higher courts to direct hospital admission.

(1) This section applies where, in the case of a person convicted before the Crown Court of an offence the sentence for which is not fixed by law—

(a) the conditions mentioned in subsection (2) below are fulfilled; and

(b) except where the offence is one the sentence for which falls to be imposed under section 2 of the Crime (Sentences) Act 1997, the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment (“the relevant sentence”) in respect of the offence.

(2) The conditions referred to in subsection (1) above are that the court is satisfied, on the written or oral evidence of two registered medical practitioners—

(a) that the offender is suffering from psychopathic disorder;

(b) that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(c) that such treatment is likely to alleviate or prevent a deterioration of his condition.

(3) The court may give both of the following directions, namely—

(a) a direction that, instead of being removed to and detained in a prison, the offender be removed to and detained in such hospital as may be specified in the direction (in this Act referred to as a “hospital direction”); and

(b) a direction that the offender be subject to the special restrictions set out in section 41 above (in this Act referred to as a “limitation direction”).

(4) A hospital direction and a limitation direction shall not be given in relation to an offender unless at least one of the medical practitioners whose evidence is taken into account by the court under subsection (2) above has given evidence orally before the court.

(5) A hospital direction and a limitation direction shall not be given in relation to an offender unless the court is satisfied on the written or oral evidence of the registered medical practitioner who would be in charge of his treatment, or of some other person representing the managers of the hospital that arrangements have been made—

(a) for his admission to that hospital; and

(b) for his admission to it within the period of 28 days beginning with the day of the giving of such directions;

and the court may, pending his admission within that period, give such directions as it thinks fit for his conveyance to and detention in a place of safety.

(6) If within the said period of 28 days it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the hospital direction, he may give instructions for the admission of the patient to such other hospital as appears to be appropriate instead of the hospital so specified.

(7) Where such instructions are given—

(a) the Secretary of State shall cause the person having the custody of the patient to be informed, and

(b) the hospital direction shall have effect as if the hospital specified in the instructions were substituted for the hospital specified in the hospital direction.

(8) Section 38(1) and (5) and section 39 above shall have effect as if any reference to the making of a hospital order included a reference to the giving of a hospital direction and a limitation direction.

(9) A hospital direction and a limitation direction given in relation to an offender shall have effect not only as regards the relevant sentence but also (so far as applicable) as regards any other sentence of imprisonment imposed on the same or a previous occasion.

(10) The Secretary of State may by order provide that this section shall have effect as if the reference in subsection (2) above to psychopathic disorder included a reference to a mental disorder of such other description as may be specified in the order.

(11) An order made under this section may—

(a) apply generally, or in relation to such classes of offenders or offences as may be specified in the order;

(b) provide that any reference in this section to a sentence of imprisonment, or to a prison, shall include a reference to a custodial sentence, or to an institution, of such description as may be so specified; and

(c) include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient.

45B Effect of hospital and limitation directions.

(1) A hospital direction and a limitation direction shall be sufficient authority—

(a) for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and

(b) for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act.

(2) With respect to any person—

(a) a hospital direction shall have effect as a transfer direction; and

(b) a limitation direction shall have effect as a restriction direction.

(3) While a person is subject to a hospital direction and a limitation direction the responsible medical officer shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.”

Modifications etc. (not altering text)

C13 S. 46 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)

47 Power to specify hospital units. E+W

(1) Subject to subsection (2) below, any power to specify a hospital which is conferred by—

(a) section 37 of the 1983 Act (hospital orders);

(b) section 45A of that Act (hospital and limitation directions);

(c) section 47 of that Act (transfer directions); or

(d) paragraph 1 of Schedule 1 to the M30 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (orders for admission to hospital),

includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2) In subsection (1) above—

(a) paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);

(b) paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); and

(c) paragraph (d) shall not apply unless the court has given a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.

(3) In this section—

• “hospital”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;

• “hospital unit” means any part of a hospital which is treated as a separate unit.

(4) In this section—

(a) the reference to paragraph 1 of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 includes a reference to subsection (1) of section 116B of the M31 Army Act 1955 and the M32 Air Force Act 1955 and section 63B of the M33 Naval Discipline Act 1957; and

(b) the reference to paragraph 2(1)(b) of that Schedule includes a reference to subsection (2) of those sections.

Marginal Citations

M30 1991 c.25.

M31 1955 c.18.

M32 1955 c.19.

M33 1957 c.53.

48 Offenders conditionally discharged from hospital. U.K.

(1) The 1983 Act and the 1984 Act shall have effect subject to the amendments specified in Schedule 3 to this Act, being amendments making provision with respect to transfers within the British Islands of responsibility for offenders conditionally discharged from hospital.

(2) In this section and that Schedule “the 1984 Act” means the M34 Mental Health (Scotland) Act 1984.

Marginal Citations

M34 1984 c.36.

49 Other amendments of the 1983 Act. E+W

(1) In subsection (5) of section 38 of the 1983 Act (interim hospital orders), for the words “six months” there shall be substituted the words “ twelve months ”.

(2) In subsection (3) of section 41 of that Act (power of higher courts to restrict discharge from hospital), in paragraph (c)(ii), after the words “section 19 above” there shall be inserted the words “ or in pursuance of subsection (3) of that section ”.

(3) In subsection (1) of section 47 of that Act (removal to hospital of persons serving sentences of imprisonment etc.), the words “(not being a mental nursing home)” shall cease to have effect.

(4) In paragraph 5 of Part II of Schedule 1 to that Act (patients subject to hospital and guardianship orders)—

(a) the word “and” immediately following sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (b) there shall be inserted the words “and

(c) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.”

Miscellaneous E+W

F54 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F54 S. 50 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F55 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F55 S. 51 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

52 Increased penalty for offence of indecency with children. E+W

In subsection (1) of section 1 of the M35 Indecency with Children Act 1960 (indecent conduct towards young child), for the words “two years” there shall be substituted the words “ ten years ”.

Modifications etc. (not altering text)

C14 S. 52 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)

Marginal Citations

M35 1960 c.33.

Supplemental U.K.

53 Financial provisions. E+W

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

54 General interpretation. E+W

(1) In this Act—

• “the 1933 Act” means the M36 Children and Young Persons Act 1933;

• “the 1969 Act” means the M37 Children and Young Persons Act 1969;

• “the 1973 Act” means the M38 Powers of Criminal Courts Act 1973;

• “the 1980 Act” means the M39 Magistrates’ Courts Act 1980;

• “the 1982 Act” means the M40 Criminal Justice Act 1982;

• “the 1983 Act” means the M41 Mental Health Act 1983;

• “the 1991 Act” means the M42 Criminal Justice Act 1991.

F56 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Act to have been committed on the last of those days.

[F57 (4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.]

Textual Amendments

F56 S. 54(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 133, Sch.10; S.I. 1998/2327, art. 2(2)(nn)(3)(x).

F57 S. 54(4) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.53; S.I. 1998/2327, art. 2(1)(w).

Marginal Citations

M36 1933 c.12.

M37 1969 c.54.

M38 1973 c.62.

M39 1980 c.43.

M40 1982 c.48.

M41 1983 c.20.

M42 1991 c.53.

55 Minor and consequential amendments. E+W

(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) For the purposes of any of those enactments as so amended—

F58 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a sentence falls to be imposed under subsection (3A) of section 70 of the M43 Army Act 1955 or the M44 Air Force Act 1955 or subsection (1A) of section 42 of the M45 Naval Discipline Act 1957 if it is required by that subsection [F59 and] the court-martial is not of the opinion there mentioned.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F58 S. 55(2)(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F59 Word in s. 55(2)(b) substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 54; S.I. 1998/2327, art. 2(1)(w).

Commencement Information

I6 S. 55 wholly in force at 1.12.1999; S. 55 not in force at Royal Assent, see s. 57(2); S. 55(1)(2)(b) (and 55(2)(a) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1); S. 55 in force at 1.12.1999 to the extent not already in force at 1.12.1999 by S.I. 1999/3096, art. 2(d)

Marginal Citations

M43 1955 c.18.

M44 1955 c.19.

M45 1957 c.53.

55 Minor and consequential amendments. S+N.I.

(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) For the purposes of any of those enactments as so amended—

F134 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a sentence falls to be imposed under subsection (3A) of section 70 of the M87 Army Act 1955 or the M88 Air Force Act 1955 or subsection (1A) of section 42 of the M89 Naval Discipline Act 1957 if it is required by that subsection in any case where the court-martial is not of the opinion there mentioned.

Extent Information

E2 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F134 S. 55(2)(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I17 S. 55 wholly in force at 1.12.1999; S. 55 not in force at Royal Assent, see s. 57(2); S. 55(1)(2)(b) (and 55(2)(a) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1); s. 55 in force to the extent not already in force at 1.12.1999 by S.I. 1999/3096, art. 2(d)

Marginal Citations

M87 1955 c.18.

M88 1955 c.19.

M89 1957 c.53.

56 Transitional provisions, savings and repeals. U.K.

(1) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the M46 Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I7 S. 56(1)(2) in force at 1.10.1997 for specified purposes by S.I. 1997/2200, art. 2(1)

Marginal Citations

M46 1978 c.30.

57 Short title, commencement and extent. E+W

(1) This Act may be cited as the Crime (Sentences) Act 1997.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) Without prejudice to the provisions of Schedule 5 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

(5) The following provisions of this Act extend to Scotland, Northern Ireland and the Channel Islands, namely—

(a) section 41 and Schedule 1; and

(b) section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the M47 Criminal Justice Act 1961.

(6) The following provisions of this Act extend to Scotland, namely—

(a) section 45;

(b) paragraphs 1 and 5 to 8 of Schedule 2 and section 42 so far as relating to those paragraphs;

(c) paragraphs 1 and 6 to 10 of Schedule 3 and section 48 so far as relating to those paragraphs;

(d) paragraph 16 of Schedule 4 to this Act and section 55 so far as relating to that paragraph; and

(e) paragraphs 9, 11 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

(7) The following provisions of this Act extend to Northern Ireland, namely—

(a) paragraphs 1, 9 and 10 of Schedule 2 and section 42 so far as relating to those paragraphs;

(b) paragraphs 2, 3, 7 and 8 of Schedule 3 and section 48 so far as relating to those paragraphs; and

(c) paragraphs 10 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

(8) Nothing in subsection (4) above affects the extent of this Act in so far as it—

(a) confers a power or imposes a duty on a court-martial or a Standing Civilian Court; or

(b) amends any provision of the M48 Army Act 1955, the M49 Air Force Act 1955 or the M50 Naval Discipline Act 1957

[F60 or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial].

Subordinate Legislation Made

P1 S. 57(2)(3): Power partly exercised (23.6.1997): 25.6.1997 appointed for specified provisions by S.I. 1997/1581 and (8.9.1997): 1.10.1997, 1.1.1998 and 1.3.1998 appointed for specified provisions by S.I. 1997/2200

S. 57(2)(3); Power partly exercised (17.11.1999); 1.12.1999 appointed for specified provisions by S.I. 1999/3096, art. 2

Textual Amendments

F60 Words in s. 57(8) inserted (retrospectively) by 2000 c. 43, s. 74, Sch. 7 para. 142

Modifications etc. (not altering text)

C15 S. 57(5)(b) amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 134; S.I. 1998/2327, art. 2(2)(nn).

Marginal Citations

M47 1961 c.39.

M48 1955 c.18.

M49 1955 c.19.

M50 1957 c.53.

SCHEDULES

Section 41.

SCHEDULE 1 U.K. Transfer of prisoners within the British Islands

Modifications etc. (not altering text)

C16 Sch. 1: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(1), Sch. 2 para. 3

C17 Sch. 1 excluded (1.1.1998) by S.I. 1997/2200, art. 5(6)

Sch. 1 excluded (18.9.1998) by S.I. 1998/2251, art. 16(5).

Sch. 1 excluded (1.9.2001) by 2001 c. 17, s. 42(5) (with s. 78); S.I. 2001/2161, art. 2

Sch. 1 extended (1.9.2001) by 2001 c. 17, s. 46(1) (with s. 78); S.I. 2001/2161, art. 2

Part I U.K. Powers of transfer

Modifications etc. (not altering text)

C18 Sch. 1 Pt. I extended (with modifications) (18.12.1998) by S.I. 1998/2798, arts. 2, 3, Schs.1, 2.

Transfer of prisoners: general U.K.

1 (1) The Secretary of State may, on the application of— U.K.

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b) a person serving a sentence of imprisonment in any part of the United Kingdom,

make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.

(2) Where—

(a) a person is remanded in custody in any of the Channel Islands in connection with an offence; or

(b) a person has been sentenced to imprisonment in any of the Channel Islands,

the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there.

(3) In this paragraph “appropriate institution”—

(a) in relation to a person remanded in custody, means any prison or other institution;

(b) in relation to a person sentenced to imprisonment, means, subject to sub-paragraph (4) below, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the country or island to which he is transferred.

(4) Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.

Modifications etc. (not altering text)

C19 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

C20 Sch. 1 para. 1(1)(4) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(2); S.I. 1998/3178, art. 3

Transfer of prisoners for trial U.K.

2 (1) If it appears to the Secretary of State that— U.K.

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b) a person serving a sentence of imprisonment in any part of the United Kingdom,

should be transferred to another part of the United Kingdom or to any of the Channel Islands for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that other part or that island and for his removal to a prison or other institution there.

(2) If it appears to the Secretary of State that—

(a) a person remanded in custody in any of the Channel Islands in connection with an offence; or

(b) a person serving a sentence of imprisonment in any of the Channel Islands,

should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.

(3) Where a person has been transferred under sub-paragraph (1)(a) or (2)(a) above for the purpose of any proceedings, the Secretary of State may, if that person is not sentenced to imprisonment in those proceedings, make an order for his return to the country or island from which he was transferred under that sub-paragraph.

(4) Where a person has been transferred under sub-paragraph (1)(b) or (2)(b) above for the purpose of any proceedings, the Secretary of State may—

(a) if that person is sentenced to imprisonment in those proceedings, make an order under paragraph 1(1)(b) or (2)(b) above (but without application in that behalf) transferring him back to the country or island from which he was transferred under that sub-paragraph;

(b) if he is not so sentenced, make an order for his return to the said country or island, there to serve the remainder of the sentence referred to in that sub-paragraph.

Modifications etc. (not altering text)

C21 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

C22 Sch. 1 para. 2(1)(3)(4) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(3); S.I. 1998/3178, art. 3

Transfer of prisoners for other judicial purposes U.K.

3 (1) If the Secretary of State is satisfied, in the case of— U.K.

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence;

(b) a person serving a sentence of imprisonment in any part of the United Kingdom; or

(c) a person not falling within paragraph (a) or (b) above who is detained in a prison in any part of the United Kingdom,

that the attendance of that person at any place in that or any other part of the United Kingdom or in any of the Channel Islands is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(2) If the Secretary of State is satisfied, in the case of—

(a) a person remanded in custody in any of the Channel Islands in connection with an offence;

(b) a person serving a sentence of imprisonment in any of the Islands; or

(c) a person not falling within paragraph (a) or (b) above who is detained in a prison in any of the Channel Islands,

that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(3) Where any person is directed under this paragraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison or other institution or place in which he is required in accordance with law to be detained.

Modifications etc. (not altering text)

C23 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

C24 Sch. 1 para. 3(1)(3) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 1(4); S.I. 1998/3178, art. 3

Transfer of supervision of released prisoners U.K.

4 (1) The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any part of the United Kingdom, make an order for the transfer of his supervision to another part of the United Kingdom or to any of the Channel Islands, that is to say, an order— U.K.

(a) for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country or island; and

(b) for responsibility for his supervision to be transferred to an appropriate person there.

(2) The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any of the Channel Islands, make an order for the transfer of his supervision to any part of the United Kingdom, that is to say, an order—

(a) for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country; and

(b) for responsibility for his supervision to be transferred to an appropriate person there.

Modifications etc. (not altering text)

C25 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

C26 Sch. 1 para. 4(1) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(5); S.I. 1998/3178, art. 3

Conditions of transfers U.K.

5 (1) A transfer under this Part shall have effect subject to such conditions (if any) as the Secretary of State may think fit to impose. U.K.

(2) Subject to sub-paragraph (3) below, a condition imposed under this paragraph may be varied or removed at any time.

(3) Such a condition as is mentioned in paragraph 6(1)(a) below shall not be varied or removed except with the consent of the person to whom the transfer relates.

Modifications etc. (not altering text)

C27 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

C28 Sch. 1 para. 5(1) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(6); S.I. 1998/3178, art. 3

Part II U.K. Effect of transfers

Modifications etc. (not altering text)

C29 Sch. 1 Pt. II excluded (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(1); S.I. 1998/1858, art.2.

Preliminary U.K.

Prospective

6 (1) For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule— U.K.

(a) is a restricted transfer if it is subject to a condition that the person to whom it relates is to be treated for the relevant purposes as if he were still subject to the provisions applicable for those purposes under the law of the place from which the transfer is made; and

(b) is an unrestricted transfer if it is not so subject.

(2) In this Part of this Schedule “the relevant purposes” means—

(a) in relation to the transfer of a person under paragraph 1(1)(a) or (2)(a) [F61 or (2A)(a)], 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above, the purposes of his remand in custody and, where applicable, the purposes of his detention under and release from any sentence of imprisonment that may be imposed;

(b) in relation to the transfer of a person under paragraph 1(1)(b) or (2)(b) [F62 or (2A)(b)], 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above, the purposes of his detention under and release from his sentence and, where applicable, the purposes of his supervision [F63 , possible recall following release and any supervision default order]; and

(c) in relation to the transfer of a person’s supervision under paragraph 4(1) or (2) above, the purposes of his supervision [F64 , possible recall and any supervision default order].

(3) In this paragraph “recall” means—

(a) in relation to a person who is supervised in pursuance of an order made for the purpose, being sentenced to imprisonment, or being recalled to prison, for a breach of any condition of the order;

[F65 (aa) in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under [section 242(2)(b) of the Sentencing Code];]

(b) in relation to a person who is supervised in pursuance of a condition contained in a licence, being [F66 recalled or returned to prison], whether for a breach of any condition of the licence or otherwise.

[F67 (c) in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;

(d) in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.]

[F68 (4) In this Part of this Schedule—

• “the 2003 Act” means the Criminal Justice Act 2003;

• No commentary item could be found for this reference key-d947cce6a599fc1f7e4c2d3aa942a217...

• No commentary item could be found for this reference key-d947cce6a599fc1f7e4c2d3aa942a217...

• [F69 “supervision default order” has the meaning given in section 268(1) of the 2003 Act;]]

Textual Amendments

F61 Words in Sch. 1 para. 6(2)(a) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(5)(a), 19(1); S.R. 2004/267, art. 2

F62 Words in Sch. 1 para. 6(2)(b) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(5)(b), 19(1); S.R. 2004/267, art. 2

F63 Words in Sch. 1 para. 6(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(2) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

F64 Words in Sch. 1 para. 6(2)(c) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

F65 Sch. 1 para. 6(3)(aa) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 135(2)(a); S.I. 1999/3426, art. 3(b)

F66 Words in Sch. 1 para. 6(3)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(2)(b); S.I. 1998/2327, art. 2(2)(oo).

F67 Sch. 1 para. 6(3)(c)(d) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(4) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

F68 Sch. 1 para. 6(4) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F69 Words in Sch. 1 para. 6(4) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C30 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2, Sch.; S.I. 1997/2200, art. 2

Restricted transfers: general U.K.

7 (1) Where— U.K.

(a) a person’s transfer under paragraph 1, 2 or 3 above; or

(b) a transfer under paragraph 4 above of a person’s supervision,

is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred.

(2) Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.

Modifications etc. (not altering text)

C31 Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

C32 Sch. 1 para. 7 amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(7); S.I. 1998/3178, art. 3

Restricted transfers from England and Wales to Scotland U.K.

8 (1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Scotland is a restricted transfer—

(a) regulations made under section 22 of the M51 Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Scotland is a restricted transfer—

(a) [F70 sections 33 to 39, 41 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F71 sections 86 and 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000]] or, as the case may require, sections 28 to 32 and 34 of this Act shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Scotland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—

(a) [F72 sections 37 to 39, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F71 sections 86, 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000]] or, as the case may require, sections 31, 32 and 34 of this Act shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.

(5) Any provision of [F73 Part II of the 1991 Act or] Part II of this Act which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Table

Expression	Substituted expression
Crown Court	High Court of Justiciary
Information on oath	Evidence on oath
Magistrates’ court	Sheriff
Probation officer	Relevant officer within the meaning given by section 27(1) of the M52 Prisoners and Criminal Proceedings (Scotland) Act 1993

[F74 (6) Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if section 67 of the M53 Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) or, as the case may require, [F71 section 87 of the Powers of Criminal Courts (Sentencing) Act 2000] extended to Scotland.

(7) Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders institution.]

Textual Amendments

F70 Words in Sch. 1 para. 8(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(3)(a); S.I. 1998/2327, art. 2(2)(oo).

F71 Words in Sch. 1 para. 8(2)(4)(6) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 paras. 186(3)

F72 Words in Sch. 1 para. 8(4)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(3)(b); S.I. 1998/2327, art. 2(2)(oo).

F73 Words in Sch. 1 para. 8(5) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(3)(c); S.I. 1998/2327, art. 2(2)(oo).

F74 Sch. 1 para. 8(6)(7) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(3)(d); S.I. 1998/2327, art. 2(2)(oo).

Modifications etc. (not altering text)

C33 Sch. 1 para. 8(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).

Marginal Citations

M51 1985 c.23.

M52 1993 c.9.

M53 1967 c.80.

Restricted transfers from England and Wales to Northern Ireland U.K.

9 (1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer— U.K.

F75 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject F76 . . . to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—

(a) [F77 sections 33 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F78 sections 86, 102 to 104, 116 and 117 of the Powers of Criminal Courts (Sentencing) Act 2000]] or, as the case may require, sections 28 to 32 and 34 of this Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Northern Ireland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—

(a) [F79 sections 37 to 40A, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F78 sections 86, 103, 104, 116 and 117 of the Powers of Criminal Courts (Sentencing) Act 2000]] or, as the case may require, sections 31, 32 and 34 of this Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

F80 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any provision of [F81 Part II of the 1991 Act or] Part II of this Act which is applied by sub-paragraph (1), (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Table

Expression	Substituted expression
Community home	Training School
Information on oath	Complaint on oath
Prison rules	Rules made under section 13 of the M54 Prison Act (Northern Ireland) 1953
Section 8 of the M55 Police and Criminal Evidence Act 1984	Article 10 of the M56 Police and Criminal Evidence (Northern Ireland) Order 1989
Social worker of a local authority social services department	Officer of a Board or an authorised Health and Social Services (HSS) Trust

[F82 (7) Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if section 67 of the M57 Criminal Justice Act 1967 or, as the case may require, [F78 section 87 of the Powers of Criminal Courts (Sentencing) Act 2000] extended to Northern Ireland.

(8) Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (1), (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders centre.]

Textual Amendments

F75 Sch. 1 para. 9(1)(a) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F76 Words in Sch. 1 para. 9(1)(b) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F77 Words in Sch. 1 para. 9(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(b); S.I. 1998/2327, art. 2(2)(oo).

F78 Words in Sch. 1 para. 9(2)(4)(7) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 8 para. 186(4)

F79 Words in Sch 1 para. 9(4)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(c); S.I. 1998/2327, art. 2(2)(oo).

F80 Sch. 1 para 9(5) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(d), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F81 Words in Sch. 1 para. 9(6) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(e); S.I. 1998/2327, art. 2(2)(oo).

F82 Sch. 1 para. 9(7)(8) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(f); S.I. 1998/2327, art. 2(2)(oo).

Modifications etc. (not altering text)

C34 Sch. 1 para 9(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).

Marginal Citations

M54 1953 c.18 (N.I.).

M55 1984 c.60.

M56 S.I. 1989/1341 (N.I.12).

M57 1967 c.80.

Restricted transfers from Scotland to England and Wales U.K.

10 (1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer— U.K.

(a) sections 65 and 147 of the M58 Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the place of the corresponding provisions of the law of England and Wales; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—

(a) [F83 sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M59 Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”)] or, as the case may require, sections 1(4), 2, 3, [F84 6(1)(b)(i) and (iii)] 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b) subject to that, to [F85 sub-paragraph (3)] below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in England and Wales.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

F86 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—

(a) [F87 sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

(6) Any reference in—

(a) sub-paragraphs (2) and (5) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;

[F88 (b) in the said sub-paragraph (2) the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the M60 Criminal Procedure (Scotland) Act 1995.]

[F89 (7) Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.]

Textual Amendments

F83 Words in Sch. 1 para. 10(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(a)(i); S.I. 1998/2327, art. 2(2)(oo).

F84 Words in Sch. 1 para. 10(2)(a) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(a)(ii); S.I. 1998/2327, art. 2(2)(oo).

F85 Words in Sch. 1 para. 10(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(b); S.I. 1998/2327, art. 2(2)(oo).

F86 Sch. 1 para. 10(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(5)(c), Sch.10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F87 Words in Sch. 1 para. 10(5)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(d); S.I. 1998/2327, art. 2(2)(oo).

F88 Sch. 1 para. 10(6)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(e); S.I. 1998/2327, art. 2(2)(oo).

F89 Sch. 1 para. 10(7) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(f); S.I. 1998/2327, art. 2(2)(oo).

Modifications etc. (not altering text)

C35 Sch. 1 para. 10(3)(7) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 para. 130(8); S.I. 1998/3178, art. 3

Marginal Citations

M58 1995 c.46.

M59 1993 c.9.

M60 1995 c.46.

Restricted transfers from Scotland to Northern Ireland U.K.

11 (1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer—

(a) sections 65 and 147 of the M61 Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Northern Ireland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland or Northern Ireland is a restricted transfer—

(a) [F90 sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 1(4), 2, 3, [F91 6(1)(b)(i) and (iii),] 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Northern Ireland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to Northern Ireland is a restricted transfer—

(a) [F92 sections 1A, 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

(5) [F93 Sub-paragraph (6)] of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

(6) Any provision of Part I of the 1993 Act F94 . . . which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Table

Expression	Substituted expression
Chief social work officer	Chief Officer of a Board or an authorised Health and Social Services (HSS) Trust
Justices for a petty sessions area	Probation Board for Northern Ireland
[F95 Probation officer appointed for or assigned to such petty sessions area	Probation Officer appointed by the Probation Board for Northern Ireland]

Textual Amendments

F90 Words in Sch. 1 para. 11(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(a)(i); S.I. 1998/2327, art. 2(2)(oo).

F91 Words in Sch. 1 para. 11(2)(a) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(a)(ii); S.I. 1998/2327, art. 2(2)(oo).

F92 Words in Sch. 1 para. 11(4)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(b); S.I. 1998/2327, art. 2(2)(oo).

F93 Words in Sch. 1 para. 11(5) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(c); S.I. 1998/2327, art. 2(2)(oo).

F94 Words in Sch. 1 para. 11(6) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(6)(d), Sch.10; S.I. 1998/2327, art. 2(2)(oo).

F95 Entry in Sch. 1 para. 11 substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(d); S.I. 1998/2327, art. 2(2)(oo).

Modifications etc. (not altering text)

C36 Sch. 1 para. 11(3)(6) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(9); S.I. 1998/3178, art. 3

Marginal Citations

M61 1995 c.46.

Restricted transfers from Northern Ireland to England and Wales U.K.

12 (1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—

(a) sections 13(7), 23 and 24 of the M62 Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the M63 Treatment of Offenders (Northern Ireland) Order 1976 and Articles 26 to 28 of the M64 Criminal Justice (Northern Ireland) Order 1996 or, as the case may require, section 1 of the M65 Northern Ireland (Remission of Sentences) Act 1995 shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in England and Wales.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) of a person’s supervision from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

(5) Any provision of the M66 Prison Act (Northern Ireland) 1953, the M67 Treatment of Offenders (Northern Ireland) Order 1976, the M68 Criminal Justice (Northern Ireland) Order 1996 or the M69 Northern Ireland (Remission of Sentences) Act 1995 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Table

Expression	Substituted Expression
Complaint on oath	Information on oath
Court of summary jurisdiction	Magistrates’ court
F96 . . .	F96 . . .

Textual Amendments

F96 Entry in Sch. 1 para. 12 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(7), Sch.10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

Marginal Citations

M62 1953 c.18 (N.I.).

M63 S.I. 1976/226 (N.I.4).

M64 S.I. 1996/3160 (N.I.24).

M65 1995 c.47.

M66 1953 c.18 (N.I.).

M67 S.I. 1976/226 (N.I.4).

M68 S.I. 1996/3160 (N.I.24).

M69 1995 c.47.

Restricted transfers from Northern Ireland to Scotland U.K.

13 (1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—

(a) sections 13(7), 23 and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976 and Articles 26 to 28 of the M70 Criminal Justice (Northern Ireland) Order 1996 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Scotland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.

(5) Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 or the Northern Ireland (Remission of Sentences) Act 1995 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Table

Expression	Substituted Expression
Complaint on oath	Evidence on oath
Court of summary jurisdiction	Sheriff
Crown Court	High Court of Justiciary
F97 . . .	F97 . . .
Probation officer	Relevant officer within the meaning of section 27(1) of the M71 Prisoners and Criminal Proceedings (Scotland) Act 1993

Textual Amendments

F97 Entry in Sch. 1 para. 13(5) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(8), Sch.10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

Marginal Citations

M70 S.I. 1996/3160 (N.I. 24).

M71 1993 c.9.

Restricted transfers between the United Kingdom and the Channel Islands U.K.

14 (1) Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above. U.K.

(2) An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

(3) An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C37 Sch. 1 para. 14 extended (31.7.1998) by 1998 c. 37, s. 121(12).

Unrestricted transfers: general U.K.

15 (1) Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred. U.K.

(2) Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—

(a) that person shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in the place to which he is transferred; and

(b) any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.

(5) Where the relevant purposes in relation to a transfer to Scotland which is an unrestricted transfer include supervision, the person to whom the transfer relates shall be treated as if a supervised release order had been made in respect of him by such court as the Secretary of State may specify.

Modifications etc. (not altering text)

C38 Sch. 1 para. 15 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Sch. 1 para. 15 modified (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(5); S.I. 1998/1858, art.2.

C39 Sch. 1 para. 15(3)(4)(5) amended (1.7.1999) by S.I. 1999/1280, arts. 1(2), 4, Sch. 2 Pt. I para. 130(10); S.I. 1998/3178, art. 3

Transfers ceasing to be restricted U.K.

16 U.K. Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.

Modifications etc. (not altering text)

C40 Sch. 1 para. 16 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Part III U.K. Supplemental

Prisoners unlawfully at large U.K.

17 (1) The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely— U.K.

(a) section 49(1) [F98 and (5)] of the M72 Prison Act 1952;

(b) section 40(1) of the M73 Prisons (Scotland) Act 1989; and

(c) section 38(1) of the M74 Prison Act (Northern Ireland) 1953,

shall extend throughout the United Kingdom and the Channel Islands.

(2) Any reference in those enactments to a constable shall include a reference—

(a) to a person being a constable under the law of any part of the United Kingdom;

(b) to a police officer within the meaning of the Police Force (Jersey) Law 1974 or any corresponding law for the time being in force; and

(c) to an officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force.

(3) Those enactments shall also apply to persons who, being unlawfully at large under the law of any of the Channel Islands, are for the time being within the United Kingdom as they apply to persons unlawfully at large under the law of any part of the United Kingdom.

(4) Any person arrested in the United Kingdom under those enactments as applied by sub-paragraph (3) above may be taken to the place in the Channel Islands in which he is required in accordance with the law in force there to be detained.

(5) Where a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in any part of the United Kingdom is sentenced to imprisonment by a court in another part of the United Kingdom—

(a) the provisions of Part II of this Schedule relating to the treatment of persons transferred under sub-paragraph (1)(b) of paragraph 1 above shall apply to him, while he remains in that other part of the United Kingdom, as if he had been transferred there under that sub-paragraph immediately before he was so sentenced; and

(b) the Secretary of State may, if he thinks fit, make an order under that sub-paragraph (but without application in that behalf) transferring him back to the part of the United Kingdom from which he was unlawfully at large.

(6) In the following provisions, namely—

(a) paragraph (a) of the proviso to section 49(2) of the Prison Act 1952 (which in effect enables a person who is unlawfully at large during the currency of his original sentence to count towards that sentence any period during which he is detained in pursuance of a sentence of any court);

(b) the proviso to section 40(2) of the Prisons (Scotland) Act 1989 (which contains corresponding provisions for Scotland); and

(c) section 38(3) of the Prison Act (Northern Ireland) 1953 (which contains corresponding provisions for Northern Ireland),

references to a court shall include references to any court in the United Kingdom.

Textual Amendments

F98 Words in Sch. 1 para. 17(1)(a) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 135(9); S.I. 1999/3426, art. 3(b)

Modifications etc. (not altering text)

C41 Sch. 1 para. 17(1)-(4) extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2, Sch.; S.I. 1997/2200, art. 2

C42 Sch. 1 para. 17(5)(b) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(11); S.I. 1998/3178, art. 3

Marginal Citations

M72 1952 c.52.

M73 1989 c.45.

M74 1953 c.18 (N.I.).

Subsequent sentence in case of transferred prisoners U.K.

18 (1) The power of a court in any part of the United Kingdom to order that the term of any sentence of imprisonment passed by the court shall commence at or before the expiration of another term of imprisonment shall include power to make such an order where that other term was imposed by sentence of a court elsewhere in the United Kingdom or in any of the Channel Islands if the offender— U.K.

(a) is serving that other sentence in that part of the United Kingdom; or

(b) is for the time being present in that part of the United Kingdom,

by virtue of an order under this Schedule, or is unlawfully at large under the law of the country or island in which that other sentence was passed.

(2) The provisions of this paragraph shall be without prejudice to the powers exercisable by any court apart from those provisions.

Modifications etc. (not altering text)

C43 Sch. 1 para. 18 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Application to the Isle of Man U.K.

19 (1) Her Majesty may by Order in Council direct that any of the foregoing provisions of this Schedule which extend to, or apply in relation to, the Channel Islands shall extend to, or apply in relation to, the Isle of Man with such modifications (if any) as Her Majesty considers appropriate. U.K.

(2) An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

(3) An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C44 Sch. 1 para. 19 extended (31.7.1998) by 1998 c. 37, s. 121(12).

Interpretation U.K.

20 (1) In this Schedule— U.K.

• “prison”, unless the context otherwise requires, includes a young offender institution, a young offenders institution, a young offenders centre and a remand centre;

• “sentence of imprisonment” includes any sentence of detention and a sentence of custody for life under [F99 section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000], and cognate expressions shall be construed accordingly;

• “supervision” means supervision in pursuance of an order made for the purpose [F100 or a detention and training order] or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence.

(2) References in this Schedule to a person being remanded in custody are references to his being remanded in or committed to custody by an order of a court.

(3) In determining, in relation to any person serving a sentence of imprisonment, the time which is to be served in respect of an equivalent sentence treated as passed in another country or island, regard shall be had, not only to any time already served by him, but also to—

(a) any periods for which he has been remanded in custody, being either—

(i) periods by which his sentence falls to be reduced; or

(ii) periods which have been directed to count as time served as part of his sentence; and

(b) any early release or additional days awarded to him.

Textual Amendments

F99 Words in Sch. 1 para. 20(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(5)

F100 Words in Sch. 1 para. 20(1) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 135(10); S.I. 1999/3426, art. 3(b)

Section 42.

SCHEDULE 2 U.K. Repatriation of prisoners to the British Islands

Preliminary U.K.

1 U.K. Any reference in this Schedule to prisoners repatriated to any part of the United Kingdom is a reference to prisoners transferred there in pursuance of a warrant issued under the M75 Repatriation of Prisoners Act 1984 (“the 1984 Act”).

Marginal Citations

M75 1984 c.47.

Prisoners repatriated to England and Wales E+W

2 (1) This paragraph applies in relation to— E+W

(a) prisoners repatriated to England and Wales before 25th October 1996 who were still serving their sentences on that date; and

(b) prisoners repatriated to England and Wales on or after that date and before the commencement of this Schedule.

(2) Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—

“(3) The following questions, namely—

(a) whether the prisoner is a short-term or long-term prisoner for the purposes of the enactments relating to release on licence; and

(b) whether or not he is an existing prisoner for the purposes of paragraph 8 of Schedule 12 to the 1991 Act,

shall be determined by reference to the length or, as the case may require, commencement of the sentence imposed in the country or territory from which he is transferred.

(4) In this paragraph—

• “the enactments relating to release on licence” means sections 33(1)(b) and (2), 34(3) and (5), 35(1) and 37(1) and (2) of the M76 Criminal Justice Act 1991;

• “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.”

Marginal Citations

M76 1991 c.53.

3 (1) This paragraph applies in relation to prisoners repatriated to England and Wales after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed for offences committed before the commencement of Chapter I of Part II of this Act. E+W

(2) In paragraph 2 of the Schedule to the 1984 Act, for sub-paragraphs (1A) and (2) there shall be substituted the following sub-paragraphs—

“(2) If the warrant specifies a period to be taken into account for the purposes of sections 34(3) and (5) and 35(1) of the Criminal Justice Act 1991—

(a) the amount of time the prisoner has served; and

(b) where his sentence is a determinate one, his sentence,

shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period.

(3) The following questions, namely—

(a) whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence; and

(b) whether or not he is an existing prisoner for the purposes of paragraph 8 of Schedule 12 to the 1991 Act,

shall be determined by reference to the length or, as the case may require, commencement of the sentence imposed in the country or territory from which he is transferred.

(4) In this paragraph—

• “the enactments relating to release on licence” means sections 33(1)(b) and (2), 34(3) and (5), 35(1) and 37(1) and (2) of the M77 Criminal Justice Act 1991;

• “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.”

Marginal Citations

M77 1991 c.53.

F101 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 2 para. 4 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Prisoners repatriated to Scotland E+W+S

5 (1) This paragraph applies in relation to— E+W+S

(a) prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed before 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

(b) prisoners repatriated to Scotland in respect of such sentences on or after the relevant date.

(2) Paragraph 2 of the Schedule to the 1984 Act, as originally enacted, shall have effect, and shall be deemed to have had effect since 16th February 1990, as if—

(a) in sub-paragraph (1), for the words “section 60 of the Criminal Justice Act 1967” there were substituted the words “ section 22 of the Prisons (Scotland) Act 1989 ”; and

(b) at the end there were added the following sub-paragraph—

“(3) In this paragraph “sentence” means the provision included in a warrant which is equivalent to a sentence.”

6 (1) This paragraph applies in relation to— E+W+S

(a) prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed on or after 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

(b) prisoners repatriated to Scotland in respect of such sentences on or after the relevant date and before the commencement of this Schedule.

(2) Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—

“(3) The question whether the prisoner is a short-term or long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

(4) For the purposes of Schedule 6 to the M78 Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

(5) In this paragraph—

• “the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;

• “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.”

Marginal Citations

M78 1993 c.9.

7 (1) This paragraph applies in relation to prisoners repatriated to Scotland after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993 for offences committed before the commencement of section 33 of the M79 Crime and Punishment (Scotland) Act 1997. E+W+S

(2) In paragraph 2 of the Schedule to the 1984 Act, for sub-paragraphs (1A) and (2) there shall be substituted the following sub-paragraphs—

“(2) If the warrant specifies a period to be taken into account for the purposes of sections 1(3) and 2(2) and (7) of the M80 Prisoners and Criminal Proceedings (Scotland) Act 1993—

(a) the amount of time the prisoner has served; and

(b) where his sentence is a determinate one, his sentence,

shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period.

(3) The question whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

(4) For the purposes of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

(5) In this paragraph—

• “the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;

• “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.”

Marginal Citations

M79 1997 c.48.

M80 1993 c.9.

F102 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 2 para. 8 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Prisoners repatriated to Northern Ireland E+W+N.I.

9 (1) This paragraph applies in relation to— E+W+N.I.

(a) prisoners repatriated to Northern Ireland before 25th October 1996 who were still serving their sentences on that date; and

(b) prisoners repatriated to Northern Ireland on or after that date.

(2) Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the insertion after sub-paragraph (2) of the following sub-paragraph—

“(3) In this paragraph “sentence” means the provision included in the warrant which is equivalent to a sentence.”

10 (1) This paragraph applies in relation to prisoners repatriated to Northern Ireland after the commencement of this Schedule.

(2) For paragraph 3 of the Schedule to the 1984 Act there shall be substituted the following paragraph—

“ Life imprisonment

3 Where the relevant provisions include provision equivalent to a sentence in relation to which subsection (3) of section 1 of the Northern Ireland (Emergency Provisions) Act 1973 (power to release certain life prisoners etc.) applies, that subsection shall have effect as if the reference to consultation with the trial judge if available were omitted.”

Prisoners repatriated to the Islands E+W

11 (1) This paragraph applies where any Order in Council under section 9(4) of the 1984 Act extends the provisions of that Act to any of the Channel Islands or the Isle of Man. E+W

(2) The modifications of that Act made by the Order may include modifications broadly corresponding to those made by any of paragraphs 1 to 10 above.

Section 48.

SCHEDULE 3 U.K. Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

Part I U.K. Amendments of the 1983 Act

Transfers from England and Wales to Scotland E+W+S

1 E+W+S After section 80 of the 1983 Act there shall be inserted the following section—

“80A Transfer of responsibility for patients to Scotland.

(1) If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order under section 41 above; and

(b) has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Scotland; and

(b) as if he were subject to a restriction order under the corresponding enactment in force in Scotland.

(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.”

Transfers from England and Wales to Northern Ireland E+W+N.I.

2 E+W+N.I. After section 81 of the 1983 Act there shall be inserted the following section—

“81A Transfer of responsibility for patients to Northern Ireland.

(1) If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order or restriction direction under section 41 or 49 above; and

(b) has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

(b) as if he were subject to a restriction order or restriction direction under the corresponding enactment in force in Northern Ireland.

(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.”

Transfers from Northern Ireland to England and Wales E+W+N.I.

3 E+W+N.I. After section 82 of the 1983 Act there shall be inserted the following section—

“82A Transfer of responsibility for patients to England and Wales from Northern Ireland.

(1) If it appears to the relevant Minister, in the case of a patient who—

(a) is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the M81 Mental Health (Northern Ireland) Order 1986; and

(b) has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

(b) as if he were subject to a restriction order or restriction direction under section 41 or 49 above.

(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

(4) In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.”

Marginal Citations

M81 S.I. 1986/596 (N.I.4).

Transfers from England and Wales to the Islands E+W

4 E+W After section 83 of the 1983 Act there shall be inserted the following section—

“83A Transfer of responsibility for patients to Channel Islands or Isle of Man.

If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order or restriction direction under section 41 or 49 above; and

(b) has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.”

Transfers from the Islands to England and Wales E+W

5 E+W After section 85 of the 1983 Act there shall be inserted the following section—

“85A Responsibility for patients transferred from Channel Islands or Isle of Man.

(1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.

(2) The patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

(b) as if he were subject to a restriction order or restriction direction under section 41 or 49 above.

(3) Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.”

Part II U.K. Amendments of the 1984 Act

Transfers from Scotland to England and Wales E+W+S

6 E+W+S After section 77 of the 1984 Act there shall be inserted the following section—

“77A Transfer of responsibility for patients to England and Wales.

(1) If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order under section 59 of the M82 Criminal Procedure (Scotland) Act 1995; and

(b) has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in England and Wales, transfer responsibility for the patient to that Minister.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in England and Wales; and

(b) as if he were subject to a restriction order under the corresponding enactment in force in England and Wales.”

Marginal Citations

M82 1995 c.46.

Transfers from Scotland to Northern Ireland U.K.

7 U.K. After section 80 of the 1984 Act there shall be inserted the following section—

“80A Transfer of responsibility for patients to Northern Ireland.

(1) If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and

(b) has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

(b) as if he were subject to a restriction order under the corresponding enactment in force in Northern Ireland.”

Transfers from Northern Ireland to Scotland U.K.

8 U.K. After section 81 of the 1984 Act there shall be inserted the following section—

“81A Transfer of responsibility for patients to Scotland from Northern Ireland.

(1) If it appears to the relevant Minister, in the case of a patient who—

(a) is subject to a restriction order under Article 47(1) of the M83 Mental Health (Northern Ireland) Order 1986; and

(b) has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

(2) Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 64 or 68 of this Act; and

(b) as if he were subject to a restriction order within the meaning of this Act.

(3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.

(4) In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.”

Marginal Citations

M83 S.I. 1986/596 (N.I.4).

Transfers from the Islands to Scotland E+W+S

9 E+W+S After section 82 of the 1984 Act there shall be inserted the following section—

“82A Responsibility for patients transferred from Channel Islands or Isle of Man to Scotland.

(1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 82B of this Act.

(2) The patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 64 or 68 of this Act; and

(b) as if he were subject to a restriction order within the meaning of this Act.

(3) Where the patient was immediately before the transfer subject to an order restricting his discharge, being an order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.”

Transfers from Scotland to the Islands E+W+S

10 E+W+S After section 82A of the 1984 Act there shall be inserted the following section—

“82B Transfer of responsibility for patients to Channel Islands or Isle of Man.

If it appears to the Secretary of State, in the case of a patient who—

(a) is subject to a restriction order under section 59 of the M84 Criminal Procedure (Scotland) Act 1995; and

(b) has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.”

Marginal Citations

M84 1995 c.46.

Section 55.

SCHEDULE 4 U.K. Minor and consequential amendments

Army Act 1955 (c.18) U.K.

1 (1) After subsection (3) of section 70 of the Army Act 1955 (civil offences) there shall be inserted the following subsection— U.K.

“(3A) Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.”

(2) For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

“(1A) Where—

(a) a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or

(b) a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,

the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.”

(3) In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

(4) In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

(5) In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Commencement Information

I8 Sch. 4 para. 1 partly in force: Sch. 4 para. 1 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 1(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 1(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)

Air Force Act 1955 (c.19) U.K.

2 (1) After subsection (3) of section 70 of the Air Force Act 1955 (civil offences) there shall be inserted the following subsection— U.K.

“(3A) Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.”

(2) For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

“(1A) Where—

(a) a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or

(b) a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,

the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.”

(3) In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

(4) In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

(5) In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Commencement Information

I9 Sch. 4 para. 2 partly in force: Sch. 4 para. 2 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 2(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 2(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)

Naval Discipline Act 1957 (c.53) U.K.

3 (1) After subsection (1) of section 42 of the Naval Discipline Act 1957 (civil offences) there shall be inserted the following subsection— U.K.

“(1A) Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.”

(2) For subsection (1A) of section 43A of that Act (juveniles) there shall be substituted the following subsection—

“(1A) Where—

(a) a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or

(b) a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,

the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.”

(3) In subsection (6A) of section 43AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

(4) In paragraph 3(1) of Schedule 4A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 42(1A) above ”.

(5) In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Commencement Information

I10 Sch. 4 para. 3 partly in force: Sch. 4 para. 3 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 3(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 3(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)

Children and Young Persons Act 1963 (c.37) E+W

4 E+W After subsection (2) of section 16 of the Children and Young Persons Act 1963 (offences committed by children under 14 to be disregarded for purposes of evidence relating to previous convictions) there shall be inserted the following subsection—

“(3) Nothing in subsection (2) of this section shall be taken to prevent the adduction of evidence of previous convictions for the purpose of establishing the application of any provision of Part I of the Crime (Sentences) Act 1997 (mandatory and minimum custodial sentences).”

Criminal Justice Act 1967 (c.80) E+W

5 F103 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) In subsection (4) of section 72 of that Act (power of magistrates to issue warrants for escaped prisoners and mental patients), after the words “restricting his discharge” there shall be inserted the words “ or in pursuance of a hospital direction and a limitation direction ”.

Textual Amendments

F103 Sch. 4 para. 5(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Criminal Appeal Act 1968 (c.19) E+W

6 (1) In subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of sentence)— E+W

(a) after paragraph (b) there shall be inserted the following paragraph—

“(bb) a hospital direction and a limitation direction under that Part;”; and

F104 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In sub-paragraph (4) of paragraph 2 of Schedule 2 to that Act (procedural and other provisions applicable on order for retrial), for the words “Section 67 of the Criminal Justice Act 1967 (deduction from certain sentences of time spent in custody before sentence)” there shall be substituted the words “ [F105 Section 87 of the Powers of Criminal Courts (Sentencing) Act 2000] (crediting of periods of remand in custody) ”.

Textual Amendments

F104 Sch. 4 para. 6(1)(b) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(a), Sch. 10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

F105 Words in Sch. 4 para. 6(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(2)

Commencement Information

I11 Sch. 4 para. 6 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 6(1)(a) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(2), otherwise not in force

Immigration Act 1971 (c.77) E+W

7 E+W In subsection (4) of section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words [F106 “ section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 ”].

Textual Amendments

F106 Words in Sch. 4 para. 7 substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(3) (with Sch. 11 paras. 1, 2)

Powers of Criminal Courts Act 1973 (c.62) E+W

F107 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Sch. 4 para. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Rehabilitation of Offenders Act 1974 (c.53) E+W

F108 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 Sch. 4 para. 9 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Magistrates’ Courts Act 1980 (c.43) E+W

10 (1) In subsection (4A) of section 82 of the 1980 Act (restriction on power to impose imprisonment for default), in paragraph (e) for the words “under the age of 21” there shall be substituted the words “ under the age of 25 ”. E+W

(2) For subsection (3) of section 85 of that Act (power to remit fine) there shall be substituted the following subsections—

“(2A) Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

(3) In calculating any reduction required by subsection (2) or (2A) above any fraction of a day or hour shall be left out of account.”

Commencement Information

I12 Sch. 4 para. 10 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 10(1) in force at 1.10.1997 and Sch. 4 para. 10(2) in force at 1.3.1998 by S.I. 1997/2200, arts. 2, 3 (para. 10(2) in force subject to savings in art. 5)

Criminal Justice Act 1982 (c.48) E+W

F109 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Sch. 4 para. 11 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Mental Health Act 1983 (c.20) E+W

12 (1) In subsection (1) of section 37 of the 1983 Act (powers of courts to order hospital admission or guardianship), after the words “is fixed by law” there shall be inserted the words “ or falls to be imposed under section 2(2) of the Crime Sentences) Act 1997 ”. E+W

(2) After that subsection there shall be inserted the following subsection—

“(1A) In the case of an offence the sentence for which would otherwise fall to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997, nothing in that subsection shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.”

(3) In subsection (4) of that section, the words “in the event of such an order being made by the court” shall cease to have effect.

F110 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After subsection (4) of that section there shall be inserted the following subsection—

“(5) The preceding provisions of this section shall have effect as if—

(a) the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment;

(b) the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and

(c) references in subsections (3) and (4) to a transfer direction included references to a hospital direction.”

(6) In section 54 of that Act (requirements as to medical evidence), after the words “38(1)” there shall be inserted the words “ 45A(2) ”.

(7) In subsection (2) of section 61 of that Act (review of treatment)—

(a) after the words “restriction order” there shall be inserted the words “ , limitation direction ”; and

(b) in paragraph (b), after the words “section 41(6)” there shall be inserted the words “ , 45B(3) ”.

(8) In subsection (2)(b) of section 69 of that Act (applications to tribunals concerning patients subject to hospital and guardianship orders), after the word “section” there shall be inserted “ 45B(2), ”.

(9) In section 70(a) of that Act (applications to tribunals concerning restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

(10) In subsection (1) of section 74 of that Act (restricted patients), after the words “who is subject to” there shall be inserted the words “ a limitation direction or ”.

(11) In subsection (5) of that section, after the word “above” there shall be inserted the words “ the relevant hospital direction and the limitation direction or, as the case may be, ”.

(12) In subsection (6) of that section, after the words “references to”, in the second place where they occur, there shall be inserted the words “ the hospital direction and the limitation direction or, as the case may be, to ”.

(13) In section 75(1)(b) of that Act (applications and references concerning conditionally discharged restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

(14) In subsection (1) of section 79 of that Act (interpretation of Part V), after the words “restriction order” there shall be inserted the words “ , limitation direction ”.

(15) In subsection (2) of that section—

(a) after the words “ “the relevant hospital order”” there shall be inserted the words “ , “the relevant hospital direction” ”; and

(b) after the words “the hospital order” there shall be inserted the words “ , the hospital direction ”.

(16) After subsection (3) of section 92 of that Act (interpretation of Part VI) there shall be inserted the following subsections—

“(4) Sections 80 to 85A above shall have effect as if—

(a) any hospital direction under section 45A above were a transfer direction under section 47 above; and

(b) any limitation direction under section 45A above were a restriction direction under section 49 above.

(5) Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.”

(17) In subsection (1) of section 117 of that Act (after-care), after the words “transferred to a hospital in pursuance of” there shall be inserted the words “ a hospital direction made under section 45A above or ”.

(18) In subsection (3) of section 143 of that Act (general provisions as to regulations, orders and rules), after the word “section” there shall be inserted the word “ 45A(10), ”.

(19) In subsection (1) of section 145 of that Act (interpretation)—

(a) after the definition of “hospital” there shall be inserted the following definition—

• ““hospital direction” has the meaning given in section 45A(3)(a) above;”;

(b) after the definition of “interim hospital order” there shall be inserted the following definition—

• ““limitation direction” has the meaning given in section 45A(3)(b) above;”.

Textual Amendments

F110 Sch. 4 para. 12(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Commencement Information

I13 Sch. 4 para. 12 partly in force; Sch. 4 para. 12 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 12(1) (and (2) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 12(2) in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(e)

Criminal Justice Act 1988 (c.33) E+W

13 E+W At the end of subsection (2) of section 36 of the Criminal Justice Act 1988 (review of sentencing) there shall be inserted the words “ or failed to impose a sentence required by section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997 ”.

Commencement Information

I14 Sch. 4 para. 13 wholly in force at 1.12.1999; Sch. 4 para. 13 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 13 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2(1)(2); Sch. 4 para. 13 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(e)

Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4) E+W

Prospective

14 E+W In sub-paragraph (5) of paragraph 9 of Schedule 2 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (exemption from exclusion orders), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words [F111 “ section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 ”].

Textual Amendments

F111 Words in Sch. 4 para. 14 substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(4)

Criminal Justice Act 1991 (c.53) E+W

15 F112 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F112 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 32 of [F113 the 1991 Act] (the Parole Board)—

(a) in subsection (1), for the words from “be constituted” to the end there shall be substituted the following paragraphs—

“(a) be constituted in accordance with this Part; and

(b) have the functions conferred by Part II of the Crime (Sentences) Act 1997 (“Part II”).”; and

(b) in subsections (3), (4) and (6), for the words “this Part” there shall be substituted the words “ Part II ”.

F112 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Sch. 4 para. 15(1)-(9)(11)-(13) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F113 Words in Sch. 4 para. 15(10) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(5)

Modifications etc. (not altering text)

C45 Sch. 4 para. 15 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)

Commencement Information

I15 Sch. 4 para. 15 wholly in force at 1.12.1999; Sch. 4 para. 15 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 15 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 15 in force at 1.12.1999 to the extenmt not already in force by S.I. 1999/3096, art. 2(e)

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) E+W+S

16 (1) In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (meaning of transferred life prisoner), for the words “section 26 of the Criminal Justice Act 1961” there shall be substituted the words “ paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 ”. E+W+S

(2) In Schedule 6 to that Act, in paragraph 1, in the definition of “new provisions”, after the word “Act” where it last occurs, there shall be inserted the words “ and the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997 ”.

Criminal Justice and Public Order Act 1994 (c.33) E+W

F114 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 4 para. 17 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Section 56(1).

SCHEDULE 5 U.K. Transitional provisions and savings

Sentences for offences committed before the commencement of Chapter I of Part II E+W

F115 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 5 para. 1 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Consecutive sentences for offences committed before and after that commencement E+W

F116 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 5 para. 2 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Concurrent sentences for offences committed before and after that commencement E+W

F117 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 5 para. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Crediting of periods of remand in custody E+W

F118 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 5 para. 4 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Duty to release certain life prisoners E+W

5 (1) In relation to any time before the commencement of [F119 section 87 of the Powers of Criminal Courts (Sentencing) Act 2000], section 28 of this Act shall have effect as if, in paragraph (b) of subsection (3), for the words “of any direction it would have given under [F119 section 87 of the Powers of Criminal Courts (Sentencing) Act 2000]” there were substituted the words “ which section 67 of the Criminal Justice Act 1967 would have had ”.

F120 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 28(7) of this Act shall have effect as if—

(a) any reference of a prisoner’s case made to the Parole Board under section 32(2) or 34(4) of the 1991 Act had been made under section 28(6) of this Act; and

(b) any such reference made under section 39(4) of that Act had been made under section 32(4) of this Act.

Textual Amendments

F119 Words in Sch. 5 para. 5(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 188

F120 Sch. 5 para. 5(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Life prisoners transferred to England and Wales E+W

F121 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 5 para. 6 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Recall of life prisoners while on licence E+W

7 (1) Section 32(3) and (4) of this Act shall have effect as if any life prisoner recalled to prison under subsection (1) or (2) of section 39 of the 1991 Act had been recalled to prison under the corresponding subsection of section 32 of this Act. E+W

(2) Section 32(4) of this Act shall have effect as if any representations made by a life prisoner under section 39(3) of the 1991 Act had been made under section 32(3) of this Act.

Transfers of prisoners: general E+W

F122 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Sch. 5 para. 8 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Transfers of prisoners from England and Wales to Scotland E+W+S

9 F123 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(2) In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 8 of Schedule 1 to this Act shall have effect as if—

(a) references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

Textual Amendments

F123 Sch. 5 para. 9(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Transfers of prisoners from England and Wales to Northern Ireland E+W+N.I.

10 F124 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+N.I.

(2) In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 9 of Schedule 1 to this Act shall have effect as if—

(a) references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

Textual Amendments

F124 Sch. 5 para. 10(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Transfers of prisoners from Scotland to England and Wales E+W+S

11 F125 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 10 of Schedule 1 to this Act shall have effect as if—

(a) references in sub-paragraph (2) to [F126 sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M85 Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”)] were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, [F126 the Prisons (Scotland) Act 1989 (“the 1989 Act”)] and any rules made under section 18 or 39 of that Act;

(b) references in sub-paragraph (5) to [F127 sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c) the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act F128 . . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) F128 . . .In sub-paragraph (2) above—

(a) the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

(b) any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.

Textual Amendments

F125 Sch. 5 para. 11(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

F126 Words in Sch. 5 para. 11(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(2)(a); S.I. 1998/2327, art. 2(2)(pp).

F127 Words in Sch. 5 para. 11(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(2)(b); S.I. 1998/2327, art. 2(2)(pp).

F128 Words in Sch. 5 para. 11(2)(c)(3) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Modifications etc. (not altering text)

C46 Sch. 5 para. 11(3) amended (1.7.1999) by S.I. 1999/1280, arts. 1(2), 4, Sch. 2 Pt. I para. 130(12; S.I. 1998/3178, art. 3)

Marginal Citations

M85 1993 c.9.

Transfers of prisoners from Scotland to Northern Ireland U.K.

12 F129 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 11 of Schedule 1 to this Act shall have effect as if—

(a) references in sub-paragraph (2) to [F130 sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M86 Prisoners and Criminal Proceedings (Scotland) Act (“the 1993 Act”)]were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43, and Schedule 1 to, [F130 the Prisons (Scotland) Act 1989 (“the 1989 Act”)] and any rules made under section 18 or 39 of that Act;

(b) references in sub-paragraph (4) to [F131 sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c) the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act F132 . . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) Sub-paragraph (3) of paragraph 11 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

Textual Amendments

F129 Sch. 5 para. 12(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(d), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

F130 Words in Sch. 5 para. 12(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(3)(a); S.I. 1998/2327, art. 2(2)(pp).

F131 Words in Sch. 5 para. 12(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(3)(b); S.I. 1998/2327, art. 2(2)(pp).

F132 Words in Sch. 5 para. 12(2)(c) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(d), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

Marginal Citations

M86 1993 c.9.

Interpretation E+W

13 E+W In this Schedule—

• “life prisoner” has the same meaning as in Chapter II of Part II of this Act;

• “term of imprisonment” includes a sentence of detention in a young offender institution or under section 53 of the 1933 Act.

Section 56(2).

SCHEDULE 6 U.K. Repeals

Modifications etc. (not altering text)

C47 Sch. 6 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)(6)

Commencement Information

I16 Sch. 6 in force in force at 1.10.1997 for specified purposes by S.I. 1997/2200, art. 2(1)(o)(p)(3)

Chapter	Short title	Extent of repeal
9 & 10 Eliz. 2 c.39.	Criminal Justice Act 1961.	Part III.
		In section 36(1), the words “or under Part III”.
		In section 38, in subsection (3), the words “of Part III and” and, in subsection (6), the words “and of any enactment referred to in Part III of this Act”.
		In section 39, in subsection (1), the definitions of “appropriate institution” and “responsible Minister”, and subsection (1A).
		In section 42, in subsection (1), the words “Part III except section thirty-three” and, in subsection (2), the words “Part III”.
1967 c.80.	Criminal Justice Act 1967.	Section 67.
1973 c.62.	Powers of Criminal Courts Act 1973.	In section 2(3), the words from “and the court” to the end.
		In section 14(2), the words “the offender consents and”.
		In section 42(1), the words “or section 62 of the Criminal Justice Act 1967”.
1983 c.20.	Mental Health Act 1983.	In section 37(4), the words “in the event of such an order being made by the court”.
		In section 47(1), the words “(not being a mental nursing home)”.
		In Schedule 1, in Part II, in paragraph 5, the word “and” immediately following sub-paragraph (a).
1991 c.53.	Criminal Justice Act 1991.	In section 4(1), the words “section 3(1) above applies and”.
		In section 12, in subsection (1), the words “of or over the age of sixteen years” and, in subsection (5), the words from “and the court” to the end.
		F133 . . .
		F133 . . .
		In Schedule 2, in paragraph 14, in sub-paragraph (2)(b), the words from “being treatment” to the end.

Textual Amendments

F133 Entries in Sch. 6 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 139, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).