Search Legislation

Criminal Evidence (Amendment) Act 1997

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 1

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Criminal Evidence (Amendment) Act 1997, Section 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1 Persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.E+W

(1)This section has effect for removing, in relation to persons to whom this section applies, the restriction on the operation of section 63(3B) of the Police and Criminal Evidence Act 1984 (power to take non-intimate samples without the M1appropriate consent from persons convicted of recordable offences)—

(a)which is imposed by the subsection (10) inserted in section 63 by section 55(6) of the M2Criminal Justice and Public Order Act 1994, and

(b)by virtue of which section 63(3B) does not apply to persons convicted before 10th April 1995.

(2)Accordingly, in section 63 of the 1984 Act, for the subsection (10) referred to in subsection (1) above there shall be substituted—

(9A)Subsection (3B) above shall not apply to any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.).

(3)This section applies to a person who was convicted of a recordable offence before 10th April 1995 if—

(a)that offence was one of the offences listed in Schedule 1 to this Act (which lists certain sexual, violent and other offences), and

(b)[F1 he has at any time served or]at the relevant time he is serving a sentence of imprisonment in respect of that offence.

(4)This section also applies to a person who was convicted of a recordable offence before 10th April 1995 if—

(a)that offence was one of the offences listed in Schedule 1 to this Act, and

(b)[F2he has at any time been detained or ] at the relevant time he is detained under Part III of the M3Mental Health Act 1983 in pursuance of—

(i)a hospital order or interim hospital order made following that conviction, F3...

F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expressions used in this subsection and in the M4Mental Health Act 1983 have the same meaning as in that Act.

(5)Where a person convicted of a recordable offence before 10th April 1995 was, following his conviction for that and any other offence or offences, sentenced to two or more terms of imprisonment (whether taking effect consecutively or concurrently), he shall be treated for the purposes of this section as serving a sentence of imprisonment in respect of that offence at any time when serving any of those terms.

(6)For the purposes of this section, references to a person serving a sentence of imprisonment include references—

(a)to his being detained in any institution to which the M5Prison Act 1952 applies in pursuance of any other sentence or order for detention imposed by a court in criminal proceedings, or

(b)to his being detained (otherwise than in any such institution) in pursuance of directions of the Secretary of State under [F4section 92 of the Powers of Criminal Courts (Sentencing) Act 2000];

and any reference to a term of imprisonment shall be construed accordingly.

Textual Amendments

F1Words in s. 1(3)(b) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 2(9)(a), 59(1); S.I. 2011/414, art. 2(b)

F3S. 1(4)(b)(ii) and preceding word repealed (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 2(9)(b)(ii), 59(1); S.I. 2011/414, art. 2(b)

F4Words in s. 1(6) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 180

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources