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Crime (Sentences) Act 1997

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This is the original version (as it was originally enacted).

3(1)This paragraph applies in relation to prisoners repatriated to England and Wales after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed for offences committed before the commencement of Chapter I of Part II of this Act.

(2)In paragraph 2 of the Schedule to the 1984 Act, for sub-paragraphs (1A) and (2) there shall be substituted the following sub-paragraphs—

(2)If the warrant specifies a period to be taken into account for the purposes of sections 34(3) and (5) and 35(1) of the Criminal Justice Act 1991—

(a)the amount of time the prisoner has served; and

(b)where his sentence is a determinate one, his sentence,

shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period.

(3)The following questions, namely—

(a)whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence; and

(b)whether or not he is an existing prisoner for the purposes of paragraph 8 of Schedule 12 to the 1991 Act,

shall be determined by reference to the length or, as the case may require, commencement of the sentence imposed in the country or territory from which he is transferred.

(4)In this paragraph—

  • “the enactments relating to release on licence” means sections 33(1)(b) and (2), 34(3) and (5), 35(1) and 37(1) and (2) of the [1991 c. 53.] Criminal Justice Act 1991;

  • “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.

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