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Crime (Sentences) Act 1997

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SCHEDULES

Section 41.

SCHEDULE 1E+W+S+N.I. Transfer of prisoners within the British Islands

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Modifications etc. (not altering text)

C1Sch. 1: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(1), Sch. 2 para. 3

C2Sch. 1 excluded (1.1.1998) by S.I. 1997/2200, art. 5(6)

Sch. 1 excluded (18.9.1998) by S.I. 1998/2251, art. 16(5).

Sch. 1 excluded (1.9.2001) by 2001 c. 17, s. 42(5) (with s. 78); S.I. 2001/2161, art. 2

Sch. 1 extended (1.9.2001) by 2001 c. 17, s. 46(1) (with s. 78); S.I. 2001/2161, art. 2

Part IE+W+S+N.I. Powers of transfer

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Modifications etc. (not altering text)

C3Sch. 1 Pt. I extended (with modifications) (18.12.1998) by S.I. 1998/2798, arts. 2, 3, Schs.1, 2.

Transfer of prisoners: generalE+W+S+N.I.

1(1)The Secretary of State may, on the application of—E+W+S+N.I.

(a)a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b)a person serving a sentence of imprisonment in any part of the United Kingdom,

make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.

(2)Where—

(a)a person is remanded in custody in any of the Channel Islands in connection with an offence; or

(b)a person has been sentenced to imprisonment in any of the Channel Islands,

the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there.

(3)In this paragraph “appropriate institution”—

(a)in relation to a person remanded in custody, means any prison or other institution;

(b)in relation to a person sentenced to imprisonment, means, subject to sub-paragraph (4) below, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the country or island to which he is transferred.

(4)Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.

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Modifications etc. (not altering text)

C4Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Transfer of prisoners for trialE+W+S+N.I.

2(1)If it appears to the Secretary of State that—E+W+S+N.I.

(a)a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b)a person serving a sentence of imprisonment in any part of the United Kingdom,

should be transferred to another part of the United Kingdom or to any of the Channel Islands for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that other part or that island and for his removal to a prison or other institution there.

(2)If it appears to the Secretary of State that—

(a)a person remanded in custody in any of the Channel Islands in connection with an offence; or

(b)a person serving a sentence of imprisonment in any of the Channel Islands,

should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.

(3)Where a person has been transferred under sub-paragraph (1)(a) or (2)(a) above for the purpose of any proceedings, the Secretary of State may, if that person is not sentenced to imprisonment in those proceedings, make an order for his return to the country or island from which he was transferred under that sub-paragraph.

(4)Where a person has been transferred under sub-paragraph (1)(b) or (2)(b) above for the purpose of any proceedings, the Secretary of State may—

(a)if that person is sentenced to imprisonment in those proceedings, make an order under paragraph 1(1)(b) or (2)(b) above (but without application in that behalf) transferring him back to the country or island from which he was transferred under that sub-paragraph;

(b)if he is not so sentenced, make an order for his return to the said country or island, there to serve the remainder of the sentence referred to in that sub-paragraph.

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Modifications etc. (not altering text)

C6Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Transfer of prisoners for other judicial purposesE+W+S+N.I.

3(1)If the Secretary of State is satisfied, in the case of—E+W+S+N.I.

(a)a person remanded in custody in any part of the United Kingdom in connection with an offence;

(b)a person serving a sentence of imprisonment in any part of the United Kingdom; or

(c)a person not falling within paragraph (a) or (b) above who is detained in a prison in any part of the United Kingdom,

that the attendance of that person at any place in that or any other part of the United Kingdom or in any of the Channel Islands is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(2)If the Secretary of State is satisfied, in the case of—

(a)a person remanded in custody in any of the Channel Islands in connection with an offence;

(b)a person serving a sentence of imprisonment in any of the Islands; or

(c)a person not falling within paragraph (a) or (b) above who is detained in a prison in any of the Channel Islands,

that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(3)Where any person is directed under this paragraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison or other institution or place in which he is required in accordance with law to be detained.

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Modifications etc. (not altering text)

C8Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Transfer of supervision of released prisonersE+W+S+N.I.

4(1)The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any part of the United Kingdom, make an order for the transfer of his supervision to another part of the United Kingdom or to any of the Channel Islands, that is to say, an order—E+W+S+N.I.

(a)for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country or island; and

(b)for responsibility for his supervision to be transferred to an appropriate person there.

(2)The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any of the Channel Islands, make an order for the transfer of his supervision to any part of the United Kingdom, that is to say, an order—

(a)for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country; and

(b)for responsibility for his supervision to be transferred to an appropriate person there.

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Modifications etc. (not altering text)

C10Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Conditions of transfersE+W+S+N.I.

5(1)A transfer under this Part shall have effect subject to such conditions (if any) as the Secretary of State may think fit to impose.E+W+S+N.I.

(2)Subject to sub-paragraph (3) below, a condition imposed under this paragraph may be varied or removed at any time.

(3)Such a condition as is mentioned in paragraph 6(1)(a) below shall not be varied or removed except with the consent of the person to whom the transfer relates.

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Modifications etc. (not altering text)

C12Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Part IIE+W+S+N.I. Effect of transfers

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Modifications etc. (not altering text)

PreliminaryE+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 [F2section 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 [F3recalled or returned to prison], whether for a breach of any condition of the licence or otherwise.

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Amendments (Textual)

F2Words in Sch. 1 para. 6(3)(aa) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(2)

Modifications etc. (not altering text)

C15Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2, Sch.; S.I. 1997/2200, art. 2

Restricted transfers: generalE+W+S+N.I.

7(1)Where—E+W+S+N.I.

(a)a person’s transfer under paragraph 1, 2 or 3 above; or

(b)a transfer under paragraph 4 above of a person’s supervision,

is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred.

(2)Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.

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Modifications etc. (not altering text)

C16Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Restricted transfers from England and Wales to ScotlandE+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 M1Prosecution 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)[F4sections 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 [F5sections 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)[F6sections 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 [F5sections 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 [F7Part 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
ExpressionSubstituted expression
Crown CourtHigh Court of Justiciary
Information on oathEvidence on oath
Magistrates’ courtSheriff
[F8Officer of a local probation board]Relevant officer within the meaning given by section 27(1) of the M2Prisoners and Criminal Proceedings (Scotland) Act 1993

[F9(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 M3Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) or, as the case may require, [F5section 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.]

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

Restricted transfers from England and Wales to Northern IrelandE+W+S+N.I.

9(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer—E+W+S+N.I.

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subject F11. . . 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 Northern Ireland.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—

(a)[F12sections 33 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F13sections 86, 102 to 104, 116 and 117 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 Northern Ireland; 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 that sentence had been an equivalent sentence passed by a court in Northern Ireland.

(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 Northern Ireland is a restricted transfer—

(a)[F14sections 37 to 40A, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F13sections 86, 103, 104, 116 and 117 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 Northern Ireland; 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 Northern Ireland.

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any provision of [F16Part II of the 1991 Act or] Part II of this Act which is applied by sub-paragraph (1), (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
ExpressionSubstituted expression
Community homeTraining School
Information on oathComplaint on oath
Prison rulesRules made under section 13 of the M4Prison Act (Northern Ireland) 1953
Section 8 of the M5Police and Criminal Evidence Act 1984Article 10 of the M6Police and Criminal Evidence (Northern Ireland) Order 1989
Social worker of a local authority social services departmentOfficer of a Board or an authorised Health and Social Services (HSS) Trust
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Marginal Citations

[F17(7)Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if section 67 of the M7Criminal Justice Act 1967 or, as the case may require, [F13section 87 of the Powers of Criminal Courts (Sentencing) Act 2000] extended to Northern Ireland.

(8)Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (1), (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders centre.]

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

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

10(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer—E+W+S+N.I.

(a)sections 65 and 147 of the M8Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the place of the corresponding provisions of the law of England and Wales; 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 England and Wales.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—

(a)[F18sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M9Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”)] or, as the case may require, sections 1(4), 2, 3, [F196(1)(b)(i) and (iii)] 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b)subject to that, to [F20sub-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 England and Wales.

(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 is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—

(a)[F22sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; 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 England and Wales.

(6)Any reference in—

(a)sub-paragraphs (2) and (5) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;

[F23(b)in the said sub-paragraph (2) the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the M10Criminal Procedure (Scotland) Act 1995.]

[F24(7)Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.]

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

Restricted transfers from Scotland to Northern IrelandE+W+S+N.I.

11(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer—E+W+S+N.I.

(a)sections 65 and 147 of the M11Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Northern Ireland; 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 Northern Ireland.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland or Northern Ireland is a restricted transfer—

(a)[F25sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 1(4), 2, 3, [F266(1)(b)(i) and (iii),] 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; 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 Northern Ireland.

(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 is 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 Scotland to Northern Ireland is a restricted transfer—

(a)[F27sections 1A, 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; 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 Northern Ireland.

(5)[F28Sub-paragraph (6)] of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

(6)Any provision of Part I of the 1993 Act F29. . . 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
ExpressionSubstituted expression
Chief social work officerChief Officer of a Board or an authorised Health and Social Services (HSS) Trust
Justices for a petty sessions areaProbation Board for Northern Ireland
[F30[F31Officer of a local probation board] appointed for or assigned to such petty sessions areaProbation Officer appointed by the Probation Board for Northern Ireland]
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Amendments (Textual)

F30Entry in Sch. 1 para. 11 substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(d); S.I. 1998/2327, art. 2(2)(oo).

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Amendments (Textual)

F30Entry in Sch. 1 para. 11 substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(d); S.I. 1998/2327, art. 2(2)(oo).

Modifications etc. (not altering text)

Marginal Citations

Restricted transfers from Northern Ireland to England and WalesE+W+S+N.I.

12(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales 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 England and Wales.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 England and Wales is a restricted transfer—

[F32(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 England and Wales;]

(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 England and Wales.

(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) of a person’s supervision from Northern Ireland to England and Wales 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 England and Wales.

(5)Any provision of the M12Prison Act (Northern Ireland) 1953, the M13Treatment of Offenders (Northern Ireland) Order 1976, the M14Criminal Justice (Northern Ireland) Order 1996 or the M15Northern 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
ExpressionSubstituted Expression
Complaint on oathInformation on oath
Court of summary jurisdictionMagistrates’ court
F33. . .F33. . .
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Amendments (Textual)

F33Entry in Sch. 1 para. 12 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(7), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

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Amendments (Textual)

F33Entry in Sch. 1 para. 12 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(7), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

Marginal Citations

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—

[F34(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 [F35, 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
ExpressionSubstituted Expression
Complaint on oathEvidence on oath
Court of summary jurisdictionSheriff
Crown CourtHigh Court of Justiciary
F36. . .F36. . .
Probation officerRelevant officer within the meaning of section 27(1) of the M16Prisoners and Criminal Proceedings (Scotland) Act 1993
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Amendments (Textual)

F36Entry 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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Amendments (Textual)

F36Entry 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

Restricted transfers between the United Kingdom and the Channel IslandsE+W+S+N.I.

14(1)Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above.E+W+S+N.I.

(2)An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

(3)An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

C22Sch. 1 para. 14 extended (31.7.1998) by 1998 c. 37, s. 121(12).

Unrestricted transfers: generalE+W+S+N.I.

15(1)Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred.E+W+S+N.I.

(2)Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.

(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) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—

(a)that person 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 the place to which he is transferred; and

(b)any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.

(5)Where the relevant purposes in relation to a transfer to Scotland which is an unrestricted transfer include supervision, the person to whom the transfer relates shall be treated as if a supervised release order had been made in respect of him by such court as the Secretary of State may specify.

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Modifications etc. (not altering text)

C23Sch. 1 para. 15 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Sch. 1 para. 15 modified (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(5); S.I. 1998/1858, art.2.

Transfers ceasing to be restrictedE+W+S+N.I.

16Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.E+W+S+N.I.

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Modifications etc. (not altering text)

C25Sch. 1 para. 16 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Part IIIE+W+S+N.I. Supplemental

Prisoners unlawfully at largeE+W+S+N.I.

17(1)The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely—E+W+S+N.I.

(a)section 49(1) [F37and (5)] of the M17Prison Act 1952;

(b)section 40(1) of the M18Prisons (Scotland) Act 1989; and

(c)section 38(1) of the M19Prison Act (Northern Ireland) 1953,

shall extend throughout the United Kingdom and the Channel Islands.

(2)Any reference in those enactments to a constable shall include a reference—

(a)to a person being a constable under the law of any part of the United Kingdom;

(b)to a police officer within the meaning of the Police Force (Jersey) Law 1974 or any corresponding law for the time being in force; and

(c)to an officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force.

(3)Those enactments shall also apply to persons who, being unlawfully at large under the law of any of the Channel Islands, are for the time being within the United Kingdom as they apply to persons unlawfully at large under the law of any part of the United Kingdom.

(4)Any person arrested in the United Kingdom under those enactments as applied by sub-paragraph (3) above may be taken to the place in the Channel Islands in which he is required in accordance with the law in force there to be detained.

(5)Where a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in any part of the United Kingdom is sentenced to imprisonment by a court in another part of the United Kingdom—

(a)the provisions of Part II of this Schedule relating to the treatment of persons transferred under sub-paragraph (1)(b) of paragraph 1 above shall apply to him, while he remains in that other part of the United Kingdom, as if he had been transferred there under that sub-paragraph immediately before he was so sentenced; and

(b)the Secretary of State may, if he thinks fit, make an order under that sub-paragraph (but without application in that behalf) transferring him back to the part of the United Kingdom from which he was unlawfully at large.

(6)In the following provisions, namely—

(a)paragraph (a) of the proviso to section 49(2) of the Prison Act 1952 (which in effect enables a person who is unlawfully at large during the currency of his original sentence to count towards that sentence any period during which he is detained in pursuance of a sentence of any court);

(b)the proviso to section 40(2) of the Prisons (Scotland) Act 1989 (which contains corresponding provisions for Scotland); and

(c)section 38(3) of the Prison Act (Northern Ireland) 1953 (which contains corresponding provisions for Northern Ireland),

references to a court shall include references to any court in the United Kingdom.

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Amendments (Textual)

Modifications etc. (not altering text)

C26Sch. 1 para. 17(1)-(4) extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2, Sch.; S.I. 1997/2200, art. 2

Marginal Citations

Subsequent sentence in case of transferred prisonersE+W+S+N.I.

18(1)The power of a court in any part of the United Kingdom to order that the term of any sentence of imprisonment passed by the court shall commence at or before the expiration of another term of imprisonment shall include power to make such an order where that other term was imposed by sentence of a court elsewhere in the United Kingdom or in any of the Channel Islands if the offender—E+W+S+N.I.

(a)is serving that other sentence in that part of the United Kingdom; or

(b)is for the time being present in that part of the United Kingdom,

by virtue of an order under this Schedule, or is unlawfully at large under the law of the country or island in which that other sentence was passed.

(2)The provisions of this paragraph shall be without prejudice to the powers exercisable by any court apart from those provisions.

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Modifications etc. (not altering text)

C28Sch. 1 para. 18 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Application to the Isle of ManE+W+S+N.I.

19(1)Her Majesty may by Order in Council direct that any of the foregoing provisions of this Schedule which extend to, or apply in relation to, the Channel Islands shall extend to, or apply in relation to, the Isle of Man with such modifications (if any) as Her Majesty considers appropriate.E+W+S+N.I.

(2)An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

(3)An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Modifications etc. (not altering text)

C29Sch. 1 para. 19 extended (31.7.1998) by 1998 c. 37, s. 121(12).

InterpretationE+W+S+N.I.

20(1)In this Schedule—E+W+S+N.I.

  • prison”, unless the context otherwise requires, includes a young offender institution, a young offenders institution, a young offenders centre and a remand centre;

  • sentence of imprisonment” includes any sentence of detention and a sentence of custody for life under [F38section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000], and cognate expressions shall be construed accordingly;

  • supervision” means supervision in pursuance of an order made for the purpose [F39or a detention and training order] or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence.

(2)References in this Schedule to a person being remanded in custody are references to his being remanded in or committed to custody by an order of a court.

(3)In determining, in relation to any person serving a sentence of imprisonment, the time which is to be served in respect of an equivalent sentence treated as passed in another country or island, regard shall be had, not only to any time already served by him, but also to—

(a)any periods for which he has been remanded in custody, being either—

(i)periods by which his sentence falls to be reduced; or

(ii)periods which have been directed to count as time served as part of his sentence; and

(b)any early release or additional days awarded to him.

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Amendments (Textual)

F38Words in Sch. 1 para. 20(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(5)

Section 42.

SCHEDULE 2E+W+S+N.I. Repatriation of prisoners to the British Islands

PreliminaryE+W+S+N.I.

1Any reference in this Schedule to prisoners repatriated to any part of the United Kingdom is a reference to prisoners transferred there in pursuance of a warrant issued under the M20Repatriation of Prisoners Act 1984 (“the 1984 Act”).E+W+S+N.I.

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Marginal Citations

Prisoners repatriated to England and WalesE+W

2(1)This paragraph applies in relation to—E+W

(a)prisoners repatriated to England and Wales before 25th October 1996 who were still serving their sentences on that date; and

(b)prisoners repatriated to England and Wales on or after that date and before the commencement of this Schedule.

(2)Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—

(3)The following questions, namely—

(a)whether the prisoner is a short-term or 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 M21Criminal 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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Marginal Citations

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.E+W

(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 M22Criminal 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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Marginal Citations

F404. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Prisoners repatriated to ScotlandE+W+S

5(1)This paragraph applies in relation to—E+W+S

(a)prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed before 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

(b)prisoners repatriated to Scotland in respect of such sentences on or after the relevant date.

(2)Paragraph 2 of the Schedule to the 1984 Act, as originally enacted, shall have effect, and shall be deemed to have had effect since 16th February 1990, as if—

(a)in sub-paragraph (1), for the words “section 60 of the Criminal Justice Act 1967” there were substituted the words “ section 22 of the Prisons (Scotland) Act 1989 ”; and

(b)at the end there were added the following sub-paragraph—

(3)In this paragraph “sentence” means the provision included in a warrant which is equivalent to a sentence.

6(1)This paragraph applies in relation to—E+W+S

(a)prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed on or after 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

(b)prisoners repatriated to Scotland in respect of such sentences on or after the relevant date and before the commencement of this Schedule.

(2)Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—

(3)The question whether the prisoner is a short-term or long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

(4)For the purposes of Schedule 6 to the M23Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

(5)In this paragraph—

  • the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;

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

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Marginal Citations

7(1)This paragraph applies in relation to prisoners repatriated to Scotland after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993 for offences committed before the commencement of section 33 of the M24Crime and Punishment (Scotland) Act 1997.E+W+S

(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 1(3) and 2(2) and (7) of the M25Prisoners and Criminal Proceedings (Scotland) Act 1993—

(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 question whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

(4)For the purposes of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

(5)In this paragraph—

  • the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;

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

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Marginal Citations

F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Prisoners repatriated to Northern IrelandE+W+N.I.

9(1)This paragraph applies in relation to—E+W+N.I.

(a)prisoners repatriated to Northern Ireland before 25th October 1996 who were still serving their sentences on that date; and

(b)prisoners repatriated to Northern Ireland on or after that date.

(2)Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the insertion after sub-paragraph (2) of the following sub-paragraph—

(3)In this paragraph “sentence” means the provision included in the warrant which is equivalent to a sentence.

F4210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Amendments (Textual)

Prisoners repatriated to the IslandsE+W

11(1)This paragraph applies where any Order in Council under section 9(4) of the 1984 Act extends the provisions of that Act to any of the Channel Islands or the Isle of Man.E+W

(2)The modifications of that Act made by the Order may include modifications broadly corresponding to those made by any of paragraphs 1 to 10 above.

Section 48.

SCHEDULE 3E+W+S+N.I. Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

Part IE+W+S+N.I. Amendments of the 1983 Act

Transfers from England and Wales to ScotlandE+W+S

1After section 80 of the 1983 Act there shall be inserted the following section—E+W+S

80A Transfer of responsibility for patients to Scotland.

(1)If it appears to the Secretary of State, in the case of a patient who—

(a)is subject to a restriction order under section 41 above; and

(b)has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.

(2)Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a)as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Scotland; and

(b)as if he were subject to a restriction order under the corresponding enactment in force in Scotland.

(3)Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction 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.

Transfers from England and Wales to Northern IrelandE+W+N.I.

2After section 81 of the 1983 Act there shall be inserted the following section—E+W+N.I.

81A Transfer of responsibility for patients to Northern Ireland.

(1)If it appears to the Secretary of State, in the case of a patient who—

(a)is subject to a restriction order or restriction direction under section 41 or 49 above; and

(b)has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

(2)Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a)as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

(b)as if he were subject to a restriction order or restriction direction under the corresponding enactment in force in Northern Ireland.

(3)Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

Transfers from Northern Ireland to England and WalesE+W+N.I.

3After section 82 of the 1983 Act there shall be inserted the following section—E+W+N.I.

82A Transfer of responsibility for patients to England and Wales from Northern Ireland.

(1)If it appears to the relevant Minister, in the case of a patient who—

(a)is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the M26Mental Health (Northern Ireland) Order 1986; and

(b)has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

(2)Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a)as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

(b)as if he were subject to a restriction order or restriction direction under section 41 or 49 above.

(3)Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

(4)In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.

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Marginal Citations

Transfers from England and Wales to the IslandsE+W

4After section 83 of the 1983 Act there shall be inserted the following section—E+W

83A Transfer of responsibility for patients to Channel Islands or Isle of Man.

If it appears to the Secretary of State, in the case of a patient who—

(a)is subject to a restriction order or restriction direction under section 41 or 49 above; and

(b)has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.

Transfers from the Islands to England and WalesE+W

5After section 85 of the 1983 Act there shall be inserted the following section—E+W

85A Responsibility for patients transferred from Channel Islands or Isle of Man.

(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 83A above.

(2)The patient shall be treated—

(a)as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

(b)as if he were subject to a restriction order or restriction direction under section 41 or 49 above.

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

Part IIE+W+S+N.I. Amendments of the 1984 Act

Transfers from Scotland to England and WalesE+W+S

6After section 77 of the 1984 Act there shall be inserted the following section—E+W+S

77A Transfer of responsibility for patients to England and Wales.

(1)If it appears to the Secretary of State, in the case of a patient who—

(a)is subject to a restriction order under section 59 of the M27Criminal Procedure (Scotland) Act 1995; and

(b)has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in England and Wales, transfer responsibility for the patient to that Minister.

(2)Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a)as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in England and Wales; and

(b)as if he were subject to a restriction order under the corresponding enactment in force in England and Wales.

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Marginal Citations

Transfers from Scotland to Northern IrelandE+W+S+N.I.

7After section 80 of the 1984 Act there shall be inserted the following section—E+W+S+N.I.

80A Transfer of responsibility for patients to Northern Ireland.

(1)If it appears to the Secretary of State, in the case of a patient who—

(a)is subject to a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and

(b)has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

(2)Where responsibility for such a patient is transferred under this section, the patient shall be treated—

(a)as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

(b)as if he were subject to a restriction order under the corresponding enactment in force in Northern Ireland.

Transfers from Northern Ireland to ScotlandE+W+S+N.I.

8After section 81 of the 1984 Act there shall be inserted the following section—E+W+S+N.I.

81A Transfer of responsibility for patients to Scotland from Northern Ireland.

(1)If it appears to the relevant Minister, in the case of a patient who—

(a)is subject to a restriction order under Article 47(1) of the M28Mental Health (Northern Ireland) Order 1986; and

(b)has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

(2)Where responsibility for such a patient is transferred under this section, 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 a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction 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.

(4)In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.

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Marginal Citations

Transfers from the Islands to ScotlandE+W+S

9After section 82 of the 1984 Act there shall be inserted the following section—E+W+S

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.

Transfers from Scotland to the IslandsE+W+S

10After section 82A of the 1984 Act there shall be inserted the following section—E+W+S

82B Transfer of responsibility for patients to Channel Islands or Isle of Man.

If it appears to the Secretary of State, in the case of a patient who—

(a)is subject to a restriction order under section 59 of the M29Criminal Procedure (Scotland) Act 1995; and

(b)has been conditionally discharged under section 64 or 68 of this Act,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.

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Marginal Citations

Section 55.

SCHEDULE 4E+W+S+N.I. Minor and consequential amendments

Army Act 1955 (c.18)E+W+S+N.I.

1(1)After subsection (3) of section 70 of the Army Act 1955 (civil offences) there shall be inserted the following subsection—E+W+S+N.I.

(3A)Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

(2)For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

(1A)Where—

(a)a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or

(b)a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,

the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

(3)In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

(4)In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

(5)In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

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Commencement Information

I1Sch. 4 para. 1 partly in force: Sch. 4 para. 1 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 1(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 1(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)

Air Force Act 1955 (c.19)E+W+S+N.I.

2(1)After subsection (3) of section 70 of the Air Force Act 1955 (civil offences) there shall be inserted the following subsection—E+W+S+N.I.

(3A)Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

(2)For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

(1A)Where—

(a)a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or

(b)a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,

the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

(3)In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

(4)In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

(5)In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

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Commencement Information

I2Sch. 4 para. 2 partly in force: Sch. 4 para. 2 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 2(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 2(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)

Naval Discipline Act 1957 (c.53)E+W+S+N.I.

3(1)After subsection (1) of section 42 of the Naval Discipline Act 1957 (civil offences) there shall be inserted the following subsection—E+W+S+N.I.

(1A)Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

(2)For subsection (1A) of section 43A of that Act (juveniles) there shall be substituted the following subsection—

(1A)Where—

(a)a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or

(b)a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,

the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

(3)In subsection (6A) of section 43AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

(4)In paragraph 3(1) of Schedule 4A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 42(1A) above ”.

(5)In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

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Commencement Information

I3Sch. 4 para. 3 partly in force: Sch. 4 para. 3 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 3(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 3(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)

Children and Young Persons Act 1963 (c.37)E+W

4After subsection (2) of section 16 of the Children and Young Persons Act 1963 (offences committed by children under 14 to be disregarded for purposes of evidence relating to previous convictions) there shall be inserted the following subsection—E+W

(3)Nothing in subsection (2) of this section shall be taken to prevent the adduction of evidence of previous convictions for the purpose of establishing the application of any provision of Part I of the Crime (Sentences) Act 1997 (mandatory and minimum custodial sentences).

Criminal Justice Act 1967 (c.80)E+W

5F43(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)In subsection (4) of section 72 of that Act (power of magistrates to issue warrants for escaped prisoners and mental patients), after the words “restricting his discharge” there shall be inserted the words “ or in pursuance of a hospital direction and a limitation direction ”.

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Amendments (Textual)

Criminal Appeal Act 1968 (c.19)E+W

6(1)In subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—E+W

(a)after paragraph (b) there shall be inserted the following paragraph—

(bb)a hospital direction and a limitation direction under that Part;; and

F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In sub-paragraph (4) of paragraph 2 of Schedule 2 to that Act (procedural and other provisions applicable on order for retrial), for the words “Section 67 of the Criminal Justice Act 1967 (deduction from certain sentences of time spent in custody before sentence)” there shall be substituted the words [F45Section 87 of the Powers of Criminal Courts (Sentencing) Act 2000] (crediting of periods of remand in custody) ”.

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Amendments (Textual)

F45Words in Sch. 4 para. 6(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(2)

Commencement Information

I4Sch. 4 para. 6 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 6(1)(a) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(2), otherwise not in force

Immigration Act 1971 (c.77)E+W

7In subsection (4) of section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words [F46“ section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 ”].E+W

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Amendments (Textual)

F46Words in Sch. 4 para. 7 substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(3) (with Sch. 11 paras. 1, 2)

Powers of Criminal Courts Act 1973 (c.62)E+W

F478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Rehabilitation of Offenders Act 1974 (c.53)E+W

F489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Magistrates’ Courts Act 1980 (c.43)E+W

10(1)In subsection (4A) of section 82 of the 1980 Act (restriction on power to impose imprisonment for default), in paragraph (e) for the words “under the age of 21” there shall be substituted the words “ under the age of 25 ”.E+W

(2)For subsection (3) of section 85 of that Act (power to remit fine) there shall be substituted the following subsections—

(2A)Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

(3)In calculating any reduction required by subsection (2) or (2A) above any fraction of a day or hour shall be left out of account.

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Commencement Information

I5Sch. 4 para. 10 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 10(1) in force at 1.10.1997 and Sch. 4 para. 10(2) in force at 1.3.1998 by S.I. 1997/2200, arts. 2, 3 (para. 10(2) in force subject to savings in art. 5)

Criminal Justice Act 1982 (c.48)E+W

F4911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Mental Health Act 1983 (c.20)E+W

12(1)In subsection (1) of section 37 of the 1983 Act (powers of courts to order hospital admission or guardianship), after the words “is fixed by law” there shall be inserted the words “ or falls to be imposed under section 2(2) of the Crime Sentences) Act 1997 ”.E+W

(2)After that subsection there shall be inserted the following subsection—

(1A)In the case of an offence the sentence for which would otherwise fall to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997, nothing in that subsection shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.

(3)In subsection (4) of that section, the words “in the event of such an order being made by the court” shall cease to have effect.

F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)After subsection (4) of that section there shall be inserted the following subsection—

(5)The preceding provisions of this section shall have effect as if—

(a)the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment;

(b)the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and

(c)references in subsections (3) and (4) to a transfer direction included references to a hospital direction.

(6)In section 54 of that Act (requirements as to medical evidence), after the words “38(1)” there shall be inserted the words “ 45A(2) ”.

(7)In subsection (2) of section 61 of that Act (review of treatment)—

(a)after the words “restriction order” there shall be inserted the words “ , limitation direction ”; and

(b)in paragraph (b), after the words “section 41(6)” there shall be inserted the words “ , 45B(3) ”.

(8)In subsection (2)(b) of section 69 of that Act (applications to tribunals concerning patients subject to hospital and guardianship orders), after the word “section” there shall be inserted “ 45B(2), ”.

(9)In section 70(a) of that Act (applications to tribunals concerning restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

(10)In subsection (1) of section 74 of that Act (restricted patients), after the words “who is subject to” there shall be inserted the words “ a limitation direction or ”.

(11)In subsection (5) of that section, after the word “above” there shall be inserted the words “ the relevant hospital direction and the limitation direction or, as the case may be, ”.

(12)In subsection (6) of that section, after the words “references to”, in the second place where they occur, there shall be inserted the words “ the hospital direction and the limitation direction or, as the case may be, to ”.

(13)In section 75(1)(b) of that Act (applications and references concerning conditionally discharged restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

(14)In subsection (1) of section 79 of that Act (interpretation of Part V), after the words “restriction order” there shall be inserted the words “ , limitation direction ”.

(15)In subsection (2) of that section—

(a)after the words “ “the relevant hospital order”” there shall be inserted the words “ , “the relevant hospital direction” ”; and

(b)after the words “the hospital order” there shall be inserted the words “ , the hospital direction ”.

(16)After subsection (3) of section 92 of that Act (interpretation of Part VI) there shall be inserted the following subsections—

(4)Sections 80 to 85A above shall have effect as if—

(a)any hospital direction under section 45A above were a transfer direction under section 47 above; and

(b)any limitation direction under section 45A above were a restriction direction under section 49 above.

(5)Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.

(17)In subsection (1) of section 117 of that Act (after-care), after the words “transferred to a hospital in pursuance of” there shall be inserted the words “ a hospital direction made under section 45A above or ”.

(18)In subsection (3) of section 143 of that Act (general provisions as to regulations, orders and rules), after the word “section” there shall be inserted the word “ 45A(10), ”.

(19)In subsection (1) of section 145 of that Act (interpretation)—

(a)after the definition of “hospital” there shall be inserted the following definition—

  • hospital direction” has the meaning given in section 45A(3)(a) above;;

(b)after the definition of “interim hospital order” there shall be inserted the following definition—

  • limitation direction” has the meaning given in section 45A(3)(b) above;.

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Amendments (Textual)

Commencement Information

I6Sch. 4 para. 12 partly in force; Sch. 4 para. 12 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 12(1) (and (2) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 12(2) in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(e)

Criminal Justice Act 1988 (c.33)E+W

13At the end of subsection (2) of section 36 of the Criminal Justice Act 1988 (review of sentencing) there shall be inserted the words “ or failed to impose a sentence required by section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997 ”.E+W

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Commencement Information

I7Sch. 4 para. 13 wholly in force at 1.12.1999; Sch. 4 para. 13 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 13 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2(1)(2); Sch. 4 para. 13 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(e)

Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)E+W

Prospective

14In sub-paragraph (5) of paragraph 9 of Schedule 2 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (exemption from exclusion orders), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words [F51“ section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 ”].E+W

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Amendments (Textual)

F51Words in Sch. 4 para. 14 substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(4)

Criminal Justice Act 1991 (c.53)E+W

15F52(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F52(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In section 32 of [F53the 1991 Act] (the Parole Board)—

(a)in subsection (1), for the words from “be constituted” to the end there shall be substituted the following paragraphs—

(a)be constituted in accordance with this Part; and

(b)have the functions conferred by Part II of the Crime (Sentences) Act 1997 (“Part II”).; and

(b)in subsections (3), (4) and (6), for the words “this Part” there shall be substituted the words “ Part II ”.

F52(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F53Words in Sch. 4 para. 15(10) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(5)

Modifications etc. (not altering text)

C30Sch. 4 para. 15 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)

Commencement Information

I8Sch. 4 para. 15 wholly in force at 1.12.1999; Sch. 4 para. 15 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 15 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 15 in force at 1.12.1999 to the extenmt not already in force by S.I. 1999/3096, art. 2(e)

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)E+W+S

16(1)In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (meaning of transferred life prisoner), for the words “section 26 of the Criminal Justice Act 1961” there shall be substituted the words “ paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 ”.E+W+S

(2)In Schedule 6 to that Act, in paragraph 1, in the definition of “new provisions”, after the word “Act” where it last occurs, there shall be inserted the words “ and the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997 ”.

Criminal Justice and Public Order Act 1994 (c.33)E+W

F5417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 56(1).

SCHEDULE 5E+W+S+N.I. Transitional provisions and savings

Sentences for offences committed before the commencement of Chapter I of Part IIE+W

F551. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Consecutive sentences for offences committed before and after that commencementE+W

F562. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Concurrent sentences for offences committed before and after that commencementE+W

F573. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Crediting of periods of remand in custodyE+W

F584. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Duty to release certain life prisonersE+W

5F59(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F60(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 28(7) of this Act shall have effect as if—

(a)any reference of a prisoner’s case made to the Parole Board under section 32(2) or 34(4) of the 1991 Act had been made under section 28(6) of this Act; and

(b)any such reference made under section 39(4) of that Act had been made under section 32(4) of this Act.

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Amendments (Textual)

F59Sch. 5 para. 5(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and note to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3), Sch. 7 Pt. II para. 144, Sch. 8

Life prisoners transferred to England and WalesE+W

F616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Recall of life prisoners while on licenceE+W

7(1)Section 32(3) and (4) of this Act shall have effect as if any life prisoner recalled to prison under subsection (1) or (2) of section 39 of the 1991 Act had been recalled to prison under the corresponding subsection of section 32 of this Act.E+W

(2)Section 32(4) of this Act shall have effect as if any representations made by a life prisoner under section 39(3) of the 1991 Act had been made under section 32(3) of this Act.

Transfers of prisoners: generalE+W

F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Transfers of prisoners from England and Wales to ScotlandE+W+S

9F63(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 8 of Schedule 1 to this Act shall have effect as if—

(a)references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c)the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

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Amendments (Textual)

Transfers of prisoners from England and Wales to Northern IrelandE+W+N.I.

10F64(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

(2)In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 9 of Schedule 1 to this Act shall have effect as if—

(a)references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c)the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

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Amendments (Textual)

Transfers of prisoners from Scotland to England and WalesE+W+S

11F65(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)In relation to any prisoner to whom the existing provisions apply, paragraph 10 of Schedule 1 to this Act shall have effect as if—

(a)references in sub-paragraph (2) to [F66sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M30Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”)] were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, [F66the Prisons (Scotland) Act 1989 (“the 1989 Act”)] and any rules made under section 18 or 39 of that Act;

(b)references in sub-paragraph (5) to [F67sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c)the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act F68. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3)F68. . .In sub-paragraph (2) above—

(a)the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

(b)any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

Transfers of prisoners from Scotland to Northern IrelandE+W+S+N.I.

12F69(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

(2)In relation to any prisoner to whom the existing provisions apply, paragraph 11 of Schedule 1 to this Act shall have effect as if—

(a)references in sub-paragraph (2) to [F70sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M31Prisoners and Criminal Proceedings (Scotland) Act (“the 1993 Act”)]were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43, and Schedule 1 to, [F70the Prisons (Scotland) Act 1989 (“the 1989 Act”)] and any rules made under section 18 or 39 of that Act;

(b)references in sub-paragraph (4) to [F71sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act F72. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3)Sub-paragraph (3) of paragraph 11 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

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Amendments (Textual)

Marginal Citations

InterpretationE+W

13In this Schedule—E+W

  • life prisoner” has the same meaning as in Chapter II of Part II of this Act;

  • term of imprisonment” includes a sentence of detention in a young offender institution or under section 53 of the 1933 Act.

Section 56(2).

SCHEDULE 6E+W+S+N.I.Repeals

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Modifications etc. (not altering text)

C32Sch. 6 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)(6)

Commencement Information

I9Sch. 6 not in force at Royal Assent, see s. 57(2). Sch. 6 in force so far as relating to specified repeals at 1.10.1997 by S.I. 1997/2200, art. 2(1)(o)(p)(3)

ChapterShort titleExtent of repeal
9 & 10 Eliz. 2 c.39.Criminal Justice Act 1961.Part III.
In section 36(1), the words “or under Part III”.
In section 38, in subsection (3), the words “of Part III and” and, in subsection (6), the words “and of any enactment referred to in Part III of this Act”.
In section 39, in subsection (1), the definitions of “appropriate institution” and “responsible Minister”, and subsection (1A).
In section 42, in subsection (1), the words “Part III except section thirty-three” and, in subsection (2), the words “Part III”.
1967 c.80.Criminal Justice Act 1967.Section 67.
1973 c.62.Powers of Criminal Courts Act 1973.In section 2(3), the words from “and the court” to the end.
In section 14(2), the words “the offender consents and”.
In section 42(1), the words “or section 62 of the Criminal Justice Act 1967”.
1983 c.20.Mental Health Act 1983.In section 37(4), the words “in the event of such an order being made by the court”.
In section 47(1), the words “(not being a mental nursing home)”.
In Schedule 1, in Part II, in paragraph 5, the word “and” immediately following sub-paragraph (a).
1991 c.53.Criminal Justice Act 1991.In section 4(1), the words “section 3(1) above applies and”.
In section 12, in subsection (1), the words “of or over the age of sixteen years” and, in subsection (5), the words from “and the court” to the end.
F73. . .
F73. . .
In Schedule 2, in paragraph 14, in sub-paragraph (2)(b), the words from “being treatment” to the end.
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Amendments (Textual)

F73Entries in Sch. 6 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 139, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).

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