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Crime (Sentences) Act 1997

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This is the original version (as it was originally enacted).

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 [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the [S.I. 1976/226 (N.I.4).] Treatment of Offenders (Northern Ireland) Order 1976 and Articles 26 to 28 of the [S.I. 1996/3160 (N.I.24).] Criminal Justice (Northern Ireland) Order 1996 or, as the case may require, section 1 of the [1995 c. 47.] 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 [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953, the [S.I. 1976/226 (N.I.4).] Treatment of Offenders (Northern Ireland) Order 1976, the [S.I. 1996/3160 (N.I.24).] Criminal Justice (Northern Ireland) Order 1996 or the [1995 c. 47.] 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
ExpressionSubstituted Expression
Complaint on oathInformation on oath
Court of summary jurisdictionMagistrates' court
Prison rulesRules made under section 47 of the Prison Act 1952

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