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Crime (Sentences) Act 1997

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  1. Introductory Text

  2. Part I

    1. 1. Conditions relating to mandatory and minimum custodial sentences.

    2. 2. Mandatory life sentence for second serious offence.

    3. 3. Minimum of seven years for third class A drug trafficking offence.

    4. 4. Minimum of three years for third domestic burglary.

    5. 5. Appeals where previous convictions set aside.

    6. 6. Certificates of convictions for purposes of Part I.

    7. 7. Offences under service law.

  3. Part II Effect of custodial sentences

    1. Chapter I Determinate sentences

      1. General

        1. 8. Time to be served.

        2. 9. Crediting of periods of remand in custody.

        3. 9A. Provision supplementary to section 9.

      2. Early release

        1. 10. Early release on compassionate grounds.

        2. 11. Award of early release days for good behaviour.

        3. 12. Early release on Parole Board recommendation.

        4. 13. Provisional early release days for remand prisoners.

      3. Additional days

        1. 14. Award of additional days for disciplinary offences.

        2. 15. Provisional additional days for remand prisoners.

      4. Supervision after release

        1. 16. Release supervision orders.

        2. 17. Breach of conditions of release supervision order.

        3. 18. Powers of arrest and search warrants.

      5. Special cases

        1. 19. Young offenders.

        2. 20. Sexual offenders.

        3. 21. Violent offenders.

        4. 22. Mentally disordered offenders.

        5. 23. Fine defaulters and contemnors.

        6. 24. Persons liable to removal from the United Kingdom.

        7. 25. Persons extradited to the United Kingdom.

      6. Supplemental

        1. 26. Continuity of sentencing.

        2. 27. Interpretation of Chapter I.

    2. Chapter II Life sentences

      1. Release on licence

        1. 28. Duty to release certain life prisoners.

        2. 29. Power to release other life prisoners.

        3. 30. Power to release life prisoners on compassionate grounds.

      2. Licences and recall

        1. 31. Duration and conditions of licences.

        2. 32. Recall of life prisoners while on licence.

      3. Miscellaneous and supplemental

        1. 33. Life prisoners transferred to England and Wales.

        2. 34. Interpretation of Chapter II.

  4. Part III Miscellaneous and supplemental

    1. Community sentences

      1. 35. Fine defaulters: general.

      2. 36. Fine defaulters under 25.

      3. 37. Persistent petty offenders.

      4. 38. Abolition of certain consent etc. requirements.

    2. Driving disqualifications

      1. 39. Offenders.

      2. 40. Fine defaulters.

    3. Transfer and repatriation of prisoners

      1. 41. Transfer of prisoners within the British Islands.

      2. 42. Repatriation of prisoners to the British Islands.

    4. Young offenders

      1. 43. Curfew orders.

      2. 44. Long term detention.

      3. 45. Publication of reports.

    5. Mentally disordered offenders

      1. 46. Power to make hospital and limitation directions.

      2. 47. Power to specify hospital units.

      3. 48. Offenders conditionally discharged from hospital.

      4. 49. Other amendments of the 1983 Act.

    6. Miscellaneous

      1. 50. Disclosure of pre-sentence reports.

      2. 51. Committals for sentence.

      3. 52. Increased penalty for offence of indecency with children.

    7. Supplemental

      1. 53. Financial provisions.

      2. 54. General interpretation.

      3. 55. Minor and consequential amendments.

      4. 56. Transitional provisions, savings and repeals.

      5. 57. Short title, commencement and extent.

  5. SCHEDULES

    1. SCHEDULE 1

      Transfer of prisoners within the British Islands

      1. Part I Powers of transfer

        1. Transfer of prisoners: general

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

        2. Transfer of prisoners for trial

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

        3. Transfer of prisoners for other judicial purposes

          1. 3.(1) If the Secretary of State is satisfied, in the...

        4. Transfer of supervision of released prisoners

          1. 4.(1) The Secretary of State may, on the application of...

        5. Conditions of transfers

          1. 5.(1) A transfer under this Part shall have effect subject...

      2. Part II Effect of transfers

        1. Preliminary

          1. 6.(1) For the purposes of this Part of this Schedule,...

        2. Restricted transfers: general

          1. 7.(1) Where— (a) a person’s transfer under paragraph 1, 2...

        3. Restricted transfers from England and Wales to Scotland

          1. 8.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        4. Restricted transfers from England and Wales to Northern Ireland

          1. 9.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        5. Restricted transfers from Scotland to England and Wales

          1. 10.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        6. Restricted transfers from Scotland to Northern Ireland

          1. 11.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        7. Restricted transfers from Northern Ireland to England and Wales

          1. 12.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        8. Restricted transfers from Northern Ireland to Scotland

          1. 13.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        9. Restricted transfers between the United Kingdom and the Channel Islands

          1. 14.(1) Her Majesty may by Order in Council make, in...

        10. Unrestricted transfers: general

          1. 15.(1) Where a person’s transfer under paragraph 1(1)(a) or (2)(a),...

        11. Transfers ceasing to be restricted

          1. 16.Where a transfer under Part I of this Schedule ceases...

      3. Part III Supplemental

        1. Prisoners unlawfully at large

          1. 17.(1) The following enactments (relating to the arrest and return...

        2. Subsequent sentence in case of transferred prisoners

          1. 18.(1) The power of a court in any part of...

        3. Application to the Isle of Man

          1. 19.(1) Her Majesty may by Order in Council direct that...

        4. Interpretation

          1. 20.(1) In this Schedule— “prison”, unless the context otherwise requires,...

    2. SCHEDULE 2

      Repatriation of prisoners to the British Islands

      1. Preliminary

        1. 1.Any reference in this Schedule to prisoners repatriated to any...

      2. Prisoners repatriated to England and Wales

        1. 2.(1) This paragraph applies in relation to—

        2. 3.(1) This paragraph applies in relation to prisoners repatriated to...

        3. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Prisoners repatriated to Scotland

        1. 5.(1) This paragraph applies in relation to—

        2. 6.(1) This paragraph applies in relation to—

        3. 7.(1) This paragraph applies in relation to prisoners repatriated to...

        4. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. Prisoners repatriated to Northern Ireland

        1. 9.(1) This paragraph applies in relation to—

        2. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. Prisoners repatriated to the Islands

        1. 11.(1) This paragraph applies where any Order in Council under...

    3. SCHEDULE 3

      Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

      1. Part I Amendments of the 1983 Act

        1. Transfers from England and Wales to Scotland

          1. 1.After section 80 of the 1983 Act there shall be...

        2. Transfers from England and Wales to Northern Ireland

          1. 2.After section 81 of the 1983 Act there shall be...

        3. Transfers from Northern Ireland to England and Wales

          1. 3.After section 82 of the 1983 Act there shall be...

        4. Transfers from England and Wales to the Islands

          1. 4.After section 83 of the 1983 Act there shall be...

        5. Transfers from the Islands to England and Wales

          1. 5.After section 85 of the 1983 Act there shall be...

      2. Part II Amendments of the 1984 Act

        1. Transfers from Scotland to England and Wales

          1. 6.After section 77 of the 1984 Act there shall be...

        2. Transfers from Scotland to Northern Ireland

          1. 7.After section 80 of the 1984 Act there shall be...

        3. Transfers from Northern Ireland to Scotland

          1. 8.After section 81 of the 1984 Act there shall be...

        4. Transfers from the Islands to Scotland

          1. 9.After section 82 of the 1984 Act there shall be...

        5. Transfers from Scotland to the Islands

          1. 10.After section 82A of the 1984 Act there shall be...

    4. SCHEDULE 4

      Minor and consequential amendments

      1. Army Act 1955 (c.18)

        1. 1.(1) After subsection (3) of section 70 of the Army...

      2. Air Force Act 1955 (c.19)

        1. 2.(1) After subsection (3) of section 70 of the Air...

      3. Naval Discipline Act 1957 (c.53)

        1. 3.(1) After subsection (1) of section 42 of the Naval...

      4. Children and Young Persons Act 1963 (c.37)

        1. 4.After subsection (2) of section 16 of the Children and...

      5. Criminal Justice Act 1967 (c.80)

        1. 5.(1) In subsection (2) of section 56 of the Criminal...

      6. Criminal Appeal Act 1968 (c.19)

        1. 6.(1) In subsection (1) of section 50 of the Criminal...

      7. Immigration Act 1971 (c.77)

        1. 7.In subsection (4) of section 7 of the Immigration Act...

      8. Powers of Criminal Courts Act 1973 (c.62)

        1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Rehabilitation of Offenders Act 1974 (c.53)

        1. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. Magistrates’ Courts Act 1980 (c.43)

        1. 10.(1) In subsection (4A) of section 82 of the 1980...

      11. Criminal Justice Act 1982 (c.48)

        1. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      12. Mental Health Act 1983 (c.20)

        1. 12.(1) In subsection (1) of section 37 of the 1983...

      13. Criminal Justice Act 1988 (c.33)

        1. 13.At the end of subsection (2) of section 36 of...

      14. Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

        1. 14.In sub-paragraph (5) of paragraph 9 of Schedule 2 to...

      15. Criminal Justice Act 1991 (c.53)

        1. 15.(1) In subsection (1) of section 1 of the 1991...

      16. Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

        1. 16.(1) In section 10(4) of the Prisoners and Criminal Proceedings...

      17. Criminal Justice and Public Order Act 1994 (c.33)

        1. 17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. SCHEDULE 5

      Transitional provisions and savings

      1. Sentences for offences committed before the commencement of Chapter I of Part II

        1. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. Consecutive sentences for offences committed before and after that commencement

        1. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Concurrent sentences for offences committed before and after that commencement

        1. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. Crediting of periods of remand in custody

        1. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. Duty to release certain life prisoners

        1. 5.(1) In relation to any time before the commencement of...

      6. Life prisoners transferred to England and Wales

        1. 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. Recall of life prisoners while on licence

        1. 7.(1) Section 32(3) and (4) of this Act shall have...

      8. Transfers of prisoners: general

        1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Transfers of prisoners from England and Wales to Scotland

        1. 9.(1) In relation to any person serving a determinate custodial...

      10. Transfers of prisoners from England and Wales to Northern Ireland

        1. 10.(1) In relation to any person serving a determinate custodial...

      11. Transfers of prisoners from Scotland to England and Wales

        1. 11.(1) In relation to any prisoner sentenced on or after...

      12. Transfers of prisoners from Scotland to Northern Ireland

        1. 12.(1) In relation to any prisoner sentenced on or after...

      13. Interpretation

        1. 13.In this Schedule— “life prisoner” has the same meaning as...

    6. SCHEDULE 6

      Repeals

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