Crime (Sentences) Act 1997 (c. 43)

(The document as of February, 2008)

-- Back --

Page 4

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7

(1) The 1983 Act and the 1984 Act shall have effect subject to the amendments specified in Schedule 3 to this Act, being amendments making provision with respect to transfers within the British Islands of responsibility for offenders conditionally discharged from hospital.

(2) In this section and that Schedule "the 1984 Act" means the [1984 c. 36.] Mental Health (Scotland) Act 1984.

49 Other amendments of the 1983 Act

(1) In subsection (5) of section 38 of the 1983 Act (interim hospital orders), for the words "six months" there shall be substituted the words "twelve months".

(2) In subsection (3) of section 41 of that Act (power of higher courts to restrict discharge from hospital), in paragraph (c)(ii), after the words "section 19 above" there shall be inserted the words "or in pursuance of subsection (3) of that section".

(3) In subsection (1) of section 47 of that Act (removal to hospital of persons serving sentences of imprisonment etc.), the words "(not being a mental nursing home)" shall cease to have effect.

(4) In paragraph 5 of Part II of Schedule 1 to that Act (patients subject to hospital and guardianship orders)--

(a) the word "and" immediately following sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (b) there shall be inserted the words " and

(c) in subsection (3) after the words "may at any time" there shall be inserted the words ", with the consent of the Secretary of State,". "

Miscellaneous

50 Disclosure of pre-sentence reports

(1) This section applies where a court obtains a pre-sentence report within the meaning of Part I of the 1991 Act.

(2) Subject to subsections (3) and (4) below, the court shall give a copy of the report--

(a) to the offender or his counsel or solicitor; and

(b) to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.

(3) If the offender is under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

(4) If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.

(5) No information obtained by virtue of subsection (2)(b) above shall be used or disclosed otherwise than for the purpose of--

(a) determining whether representations as to matters contained in the report need to be made to the court; or

(b) making such representations to the court.

(6) The power to make orders under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

51 Committals for sentence

After section 38 of the 1980 Act there shall be inserted the following section--

" 38A Committal for sentence on indication of guilty plea to offence triable either way

(1) This section applies where--

(a) a person who is 18 or over appears or is brought before a magistrates' court ("the court") on an information charging him with an offence triable either way ("the offence");

(b) he or his representative indicates that he would plead guilty if the offence were to proceed to trial; and

(c) proceeding as if section 9(1) above was complied with and he pleaded guilty under it, the court convicts him of the offence.

(2) If the court has committed the offender to the Crown Court for trial for one or more related offences, that is to say, one or more offences which, in its opinion, are related to the offence, it may, in accordance with section 56 of the Criminal Justice Act 1967, commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.

(3) If the power conferred by subsection (2) above is not exercisable but the court is still to inquire, as examining justices, into one or more related offences--

(a) it shall adjourn the proceedings relating to the offence until after the conclusion of its inquiries; and

(b) if it commits the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(4) Where the court--

(a) commits the offender to the Crown Court to be dealt with in respect of the offence; and

(b) does not state that, in its opinion, it also has power so to commit him under section 38(2) above,

the provisions of section 42 of the Powers of Criminal Courts Act 1973 shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5) Where those provisions of that section do not apply, the Crown Court shall have power to deal with the offender in respect of the offence in any manner in which the court might have dealt with him.

(6) For the purposes of this section one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment. "

52 Increased penalty for offence of indecency with children

In subsection (1) of section 1 of the [1960 c. 33.] Indecency with Children Act 1960 (indecent conduct towards young child), for the words "two years" there shall be substituted the words "ten years".

Supplemental

53 Financial provisions

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

54 General interpretation

(1) In this Act--

"the 1933 Act" means the [1933 c. 12.] Children and Young Persons Act 1933;
"the 1969 Act" means the [1969 c. 54.] Children and Young Persons Act 1969;
"the 1973 Act" means the [1973 c. 62.] Powers of Criminal Courts Act 1973;
"the 1980 Act" means the [1980 c. 43.] Magistrates' Courts Act 1980;
"the 1982 Act" means the [1982 c. 48.] Criminal Justice Act 1982;
"the 1983 Act" means the [1983 c. 20.] Mental Health Act 1983;
"the 1991 Act" means the [1991 c. 53.] Criminal Justice Act 1991.

(2) Any reference in this Act to the commencement of Chapter I of Part II of this Act is a reference to the commencement of the provisions of that Chapter other than sections 9, 20 and 21 above.

(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Act to have been committed on the last of those days.

55 Minor and consequential amendments

(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) For the purposes of any of those enactments as so amended--

(a) a sentence falls to be imposed under subsection (2) of section 2, 3 or 4 above if it is required by that subsection in any case where the court is not of the opinion there mentioned; and

(b) a sentence falls to be imposed under subsection (3A) of section 70 of the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 or subsection (1A) of section 42 of the [1957 c. 53.] Naval Discipline Act 1957 if it is required by that subsection in any case where the court-martial is not of the opinion there mentioned.

56 Transitional provisions, savings and repeals

(1) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

57 Short title, commencement and extent

(1) This Act may be cited as the Crime (Sentences) Act 1997.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) Without prejudice to the provisions of Schedule 5 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

(5) The following provisions of this Act extend to Scotland, Northern Ireland and the Channel Islands, namely--

(a) section 41 and Schedule 1; and

(b) section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the [1961 c. 39.] Criminal Justice Act 1961.

(6) The following provisions of this Act extend to Scotland, namely--

(a) section 45;

(b) paragraphs 1 and 5 to 8 of Schedule 2 and section 42 so far as relating to those paragraphs;

(d) paragraph 16 of Schedule 4 to this Act and section 55 so far as relating to that paragraph; and

(e) paragraphs 9, 11 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

(7) The following provisions of this Act extend to Northern Ireland, namely--

(a) paragraphs 1, 9 and 10 of Schedule 2 and section 42 so far as relating to those paragraphs;

(b) paragraphs 2, 3, 7 and 8 of Schedule 3 and section 48 so far as relating to those paragraphs; and

(8) Nothing in subsection (4) above affects the extent of this Act in so far as it--

(a) confers a power or imposes a duty on a court-martial or a Standing Civilian Court; or

(b) amends any provision of the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957.

SCHEDULES

Section 41.

SCHEDULE 1 Transfer of prisoners within the British Islands

Part I Powers of transfer

Transfer of prisoners: general

1 (1) The Secretary of State may, on the application of--

(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.

Transfer of prisoners for trial

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

(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.

Transfer of prisoners for other judicial purposes

3 (1) If the Secretary of State is satisfied, in the case of--

(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

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.

Transfer of supervision of released prisoners

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--

(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.

Conditions of transfers

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.

(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.

Part II Effect of transfers

Preliminary

6 (1) For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule--

(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;

(b) in relation to a person who is supervised in pursuance of a condition contained in a licence, being recalled to prison under the licence, whether for a breach of any condition of the licence or otherwise.

Restricted transfers: general

7 (1) Where--

(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.

Restricted transfers from England and Wales to Scotland

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--

(a) regulations made under section 22 of the [1985 c. 23.] Prosecution 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) sections 10, 12, 16, 17(1) to (4) and (6), 18(1) and (2), 19(1), (2), (6)(a) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of this Act 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) sections 16, 17(1) to (4) and (6), 18(1) and (2), 19(1), (2), (6)(a) and (8) to (10), 20(1) and (2), 21(1) and (2) and 27 of this Act 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 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

Expression	Substituted expression
Crown Court	High Court of Justiciary
Information on oath	Evidence on oath
Magistrates' court	Sheriff
Probation officer	Relevant officer within the meaning given by section 27(1) of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993

Restricted transfers from England and Wales to Northern Ireland

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--

(a) sections 13 and 15 of this Act 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) above from England and Wales to Northern Ireland is a restricted transfer--

(a) sections 10 to 12, 14, 16, 17(1), (2), (4) and (6), 18, 19(1), (2), (4), (6) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of this Act 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.

(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) sections 16, 17(1), (2), (4) and (6), 18, 19(1), (2), (6) and (8) to (10), 20(1) and (2), 21(1) and (2) and 27 of this Act 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

(5) In sub-paragraph (2) above, the reference to section 11 of this Act includes a reference to any rules under section 47 of the [1952 c. 52.] Prison Act 1952 which prescribe a minimum standard of behaviour for the purposes of the said section 11.

(6) Any provision of 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

Expression	Substituted expression
Community home	Training School
Information on oath	Complaint on oath
Prison rules	Rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953
Section 8 of the [1984 c. 60.] Police and Criminal Evidence Act 1984	Article 10 of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989
Social worker of a local authority social services department	Officer of a Board or an authorised Health and Social Services (HSS) Trust

Restricted transfers from Scotland to England and Wales

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--

(a) sections 65 and 147 of the [1995 c. 46.] Criminal 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) sections 15, 18 and 19 of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 ("the 1993 Act") and sections 33(5), 34, 37 and 39 of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997 ("the 1997 Act") or, as the case may require, sections 1(4), 2, 3, 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 sub-paragraphs (3) and (4) 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.

(4) Notwithstanding anything contained in sub-paragraph (2)(b) above, sections 16 to 18 of this Act shall not apply to a person whose transfer from Scotland to England and Wales is a restricted transfer.

(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) sections 15, 18 and 19 of the 1993 Act and sections 33(5) and 37 of the 1997 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

(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;

(b) in the said sub-paragraph (2)--

(i) to section 34 of the 1997 Act includes a reference to any rules under section 39 of the Prisons (Scotland) Act 1989 made by virtue of subsections (13) to (16) of that section; and

(ii) to section 39 of the 1997 Act is a reference to that section so far as it relates to section 37 of that Act.

(7) Any provision of Part I of the 1993 Act or Part III of the 1997 Act which is applied by sub-paragraph (2) or (5) 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

Expression	Substituted expression
Chief social work officer	Chief social worker of a local authority social services department
Young offenders institution	Young offender institution

Restricted transfers from Scotland to Northern Ireland

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--

(a) sections 65 and 147 of the [1995 c. 46.] Criminal 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--

(4) Where a transfer under paragraph 4(1) above of a person's supervision from Scotland to Northern Ireland is a restricted transfer--

(5) Sub-paragraph (5) 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 or Part III of the 1997 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

Expression	Substituted expression
Chief social work officer	Chief Officer of a Board or an authorised Health and Social Services (HSS) Trust
Justices for a petty sessions area	Probation Board for Northern Ireland
Young offenders institution	Young offenders centre

Restricted transfers from Northern Ireland to England and Wales

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.

(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--

(a) sections 13(7), 23 and 24 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the [S.I. 1976/226 (N.I.4).] Treatment of Offenders (Northern Ireland) Order 1976 and Articles 26 to 28 of the [S.I. 1996/3160 (N.I.24).] Criminal Justice (Northern Ireland) Order 1996 or, as the case may require, section 1 of the [1995 c. 47.] Northern Ireland (Remission of Sentences) Act 1995 shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(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 [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953, the [S.I. 1976/226 (N.I.4).] Treatment of Offenders (Northern Ireland) Order 1976, the [S.I. 1996/3160 (N.I.24).] Criminal Justice (Northern Ireland) Order 1996 or the [1995 c. 47.] 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

Expression	Substituted Expression
Complaint on oath	Information on oath
Court of summary jurisdiction	Magistrates' court
Prison rules	Rules made under section 47 of the Prison Act 1952

Restricted transfers from Northern Ireland to Scotland

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.

(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--

(a) sections 13(7), 23 and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976 and Articles 26 to 28 of the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996 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; but

(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 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

Expression	Substituted Expression
Complaint on oath	Evidence on oath
Court of summary jurisdiction	Sheriff
Crown Court	High Court of Justiciary
Prison rules	Rules made under section 39 of the [1989 c. 45.] Prisons (Scotland) Act 1989
Probation officer	Relevant officer within the meaning of section 27(1) of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993

Restricted transfers between the United Kingdom and the Channel Islands

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.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7

-- Back --

Stat