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Crime (Sentences) Act 1997
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- 1997 c. 43
- Part II
- Chapter II
- Miscellaneous and supplemental
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31A inserted by 2003 c. 44 Sch. 18 para. 2
- s. 31A(5) text amended by 2006 c. 52 Sch. 16 para. 141
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/932 art. 2 commences (1997 c. 43)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/3033 art. 2-4 commences (2003 c. 44)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/579 art. 2 3 commences (2004 c. 28)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2008/1210 art. 2 commences (2007 c. 12)
- S.I. 2008/1466 art. 2 commences (2008 c. 4)
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.S.I. 2003/288 art. 2 Sch. commences (2003 asp 7)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2006/48 art. 3 Sch. commences (2005 asp 14)
- S.R. 2004/267 art. 2 commences (2004 c. 4)
- S.R. 2009/120 art. 2 commences (S.I. 2008/1216 (N.I.))
Miscellaneous and supplementalE+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 [F1the provisions of section 28(5) to (8)] 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 [F1the provisions of section 28(5) to (8)] 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 M1Colonial Prisoners Removal Act 1884; or
(ii)a warrant issued by the Secretary of State under the M2Repatriation 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 [F1the provisions of section 28(5) to (8)] above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Words in s. 33(1)(2)(5) substituted (30.11.2000 with effect as mentioned in Sch. 7 para. 145 of the substituting Act) by 2000 c. 43, ss. 74, 80(3)(d), Sch. 7 Pt. II para. 137(a)(b)
Marginal Citations
34 Interpretation of Chapter II.E+W
(1)In this Chapter “life prisoner” means a person serving one or more life sentences; F2. . .
(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 [F3section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000]; and
(c)a sentence of custody for life under [F3section 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 [F3section 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 M3Army Act 1955 and the M4Air Force Act 1955 and section 43A of the M5Naval Discipline Act 1957; and
(b)the reference to [F3 section 93 or 94 of that Act of 2000] includes a reference to subsections (1A) and (1B) of [F3section 71A of the Army Act 1955 and the Air Force Act 1955 and section 43A of the Naval Discipline Act 1957.]
[F4(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.]
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2Word in s. 34(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3)(d), Sch. 7 Pt. II para. 138, Sch. 8
F3Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)
F4S. 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)
C1S. 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
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