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Crime (Sentences) Act 1997
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- 1997 c. 43
- SCHEDULE 1
- Part II
- Restricted transfers from Northern Ireland to Scotland
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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.))
Restricted transfers from Northern Ireland to ScotlandE+W+S+N.I.
13(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland 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 Scotland.E+W+S+N.I.
(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—
[F1(a)sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 shall apply to him in place of the corresponding provisions of the law of Scotland;]
(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 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 Northern Ireland to Scotland 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 Scotland.
(5)Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 [F2, the Life Sentences (Northern Ireland) Order 2001] or the 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
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Amendments (Textual)
F3Entry in Sch. 1 para. 13(5) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(8), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
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Annotations:
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Amendments (Textual)
F1Sch. 1 para. 13(2)(a) substituted (S.N.I.) (8.10.2001) by S.I. 2001/2565, arts. 1(2), 3(3)(a); S.R. 2001/337, art. 2
F2Words in Sch. 1 para. 13(5) inserted (8.10.2001) by S.I. 2001/2565, arts. 1(2), 3(3)(b); S.R. 2001/337, art. 2
F3Entry in Sch. 1 para. 13(5) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(8), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
Marginal Citations
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