Crime (Sentences) Act 1997

Preliminary E+W+S+N.I.

6 (1) For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule— E+W+S+N.I.

(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), 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), 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 and possible recall following his release; and

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

(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;

[F1 (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 [F2 section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000];]

(b) in relation to a person who is supervised in pursuance of a condition contained in a licence, being [F3 recalled or returned to prison], whether for a breach of any condition of the licence or otherwise.

Annotations:

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Amendments (Textual)

F1 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)

F2 Words in Sch. 1 para. 6(3)(aa) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(2)

F3 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).

Modifications etc. (not altering text)

C1 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