Crime (Sentences) Act 1997 (c. 43)

SCHEDULES

SCHEDULE 3 Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

Part II Amendments of the 1984 Act

Transfers from the Islands to Scotland

9 After section 82 of the 1984 Act there shall be inserted the following section—

“82A Responsibility for patients transferred from Channel Islands or Isle of Man to Scotland

(1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 82B of this Act.

(2) The patient shall be treated—

(a) as if on the date of the transfer he had been conditionally discharged under section 64 or 68 of this Act; and

(b) as if he were subject to a restriction order within the meaning of this Act.

(3) Where the patient was immediately before the transfer subject to an order restricting his discharge, being an order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.”