Crime (Sentences) Act 1997

Restricted transfers from England and Wales to Scotland E+W+S+N.I.

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— E+W+S+N.I.

(a) regulations made under section 22 of the M1 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) [F1 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 [F2 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) [F3 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 [F2 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 [F4 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
[F5 Officer of a local probation board]	Relevant officer within the meaning given by section 27(1) of the M2 Prisoners and Criminal Proceedings (Scotland) Act 1993

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)

F5 Words in Sch. 1 para. 8(5) Table substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 143; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M2 1993 c.9.

[F6 (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 M3 Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) or, as the case may require, [F2 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.]

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)

F1 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).

F2 Words in Sch. 1 para. 8(2)(4)(6) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(3)

F3 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).

F4 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).

F5 Words in Sch. 1 para. 8(5) Table substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 143; S.I. 2001/919, art. 2(f)(ii)

F6 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)

C1 Sch. 1 para. 8(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).

Marginal Citations

M1 1985 c.23.

M2 1993 c.9.

M3 1967 c.80.