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The Crime (Sentences) Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997

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2.  (1)  Subject to the transitional provisions and savings made by article 5 below, the following provisions of the 1997 Act shall come into force on 1st October 1997, namely—

(a)in section 1, subsections (1) and (2) and, so far as relating to section 3, subsection (3);

(b)section 2;

(c)in section 3, subsections (1) to (5) and, so far as relating to that section, subsection (6);

(d)section 5 so far as relating to sentences imposed under section 2(2) or 3(2);

(e)section 6 so far as relating to serious offences within the meaning of section 2 or class A drug traf|fi|cking offences within the meaning of section 3;

(f)sections 7, 28 to 34, 36 and 38;

(g)section 41 and Schedule 1 so far as not already in force;

(h)section 42 and, in Schedule 2, paragraphs 1 to 3, 5 to 7 and 9 to 11;

(i)sections 44 to 47;

(j)section 48 and Schedule 3;

(k)sections 49 and 51 to 54;

(l)section 55(1) and the provisions of Schedule 4 mentioned in paragraph (2) below;

(m)in section 55(2), paragraph (a) so far as relating to sentences falling to be imposed under section 2(2) or 3(2), and paragraph (b);

(n)section 56(1) and paragraphs 5 and 7 to 13 of Schedule 5;

(o)section 56(2) and Schedule 6 so far as relating to the repeals in the Criminal Justice Act 1961(1), the 1973 Act, the 1983 Act and sections 4(1) and 12 of, and paragraph 14 of Schedule 2 to, the 1991 Act;

(p)section 56(2) and Schedule 6 so far as they repeal the provisions of the 1991 Act mentioned in paragraph (3) below; and

(q)section 57.

(2) The provisions of Schedule 4 to the 1997 Act referred to in paragraph (1)(1) above are—

(a)in each of paragraphs 1 to 3, sub-paragraph (1) so far as relating to offences whose corresponding civil offences are offences to which section 2 would apply, and sub-paragraphs (2) and (4);

(b)paragraphs 4 and 5;

(c)in paragraph 6, sub-paragraph (1)(a);

(d)in paragraph 8, sub-paragraphs (1) to (3) so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2), and sub-paragraph (4);

(e)in paragraph 10, sub-paragraph (1);

(f)in paragraph 12, sub-paragraph (1), sub-paragraph (2) so far as relating to offences the sentences for which would otherwise fall to be imposed under section 3(2), and sub-paragraphs (3) and (5) to (19);

(g)paragraph 13 so far as relating to sentences required by section 2(2) or 3(2);

(h)in paragraph 15, sub-paragraphs (1), (8) and (9) so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2), sub-paragraph (4) so far as relating to section 3(2), sub-paragraph (5) so far as relating to sentences falling to be imposed under section 3(2), and sub-paragraphs (2), (3), (6), (7) and (10) to (13);

(i)paragraph 16; and

(j)paragraph 17 so far as relating to offences the sentences for which fall to be imposed under section 3(2).

(3) The provisions of the 1991 Act referred to in paragraph (1)(p) above are—

(a)section 34;

(b)in section 35, subsections (2) and (3);

(c)in section 36, subsection (1) so far as relating to life prisoners and, in subsection (2), the words “or life”;

(d)in section 37, subsection (3) and, so far as relating to life prisoners, subsections (4) and (5);

(e)in section 39, in subsection (1), the words “or life” and, in subsection (5), paragraph (a), the word “other” in paragraph (b) and the words “direction or”;

(f)in section 43, subsection (2) and, in subsection (3), the words “(whether short-term, long-term or life prisoners)” and the words “or (2)”;

(g)section 48; and

(h)in section 51, in subsection (1), the definitions of “discretionary life prisoner” and “life prisoner”, and subsection (3).

(4) In paragraph (3) above “life prisoner” has the same meaning as in Part II of the 1991 Act.

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