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Crime (Sentences) Act 1997 (c. 43)(The document as of February, 2008) Page 5 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 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. (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. Unrestricted transfers: general15 (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. (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. Transfers ceasing to be restricted16 Where 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. Part III SupplementalPrisoners unlawfully at large17 (1) The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely-- (a) section 49(1) of the [1952 c. 52.] Prison Act 1952; (b) section 40(1) of the [1989 c. 45.] Prisons (Scotland) Act 1989; and (c) section 38(1) of the [1953 c. 18 (N.I.).] Prison 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. Subsequent sentence in case of transferred prisoners18 (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-- (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. Application to the Isle of Man19 (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. (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. Interpretation20 (1) In this Schedule--
(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. Section 42. SCHEDULE 2 Repatriation of prisoners to the British IslandsPreliminary1 Any 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 [1984 c. 47.] Repatriation of Prisoners Act 1984 ("the 1984 Act"). Prisoners repatriated to England and Wales2 (1) This paragraph applies in relation to-- (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--
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. (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--
4 (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 after the commencement of Chapter I of Part II of this Act. (2) In section 2 of the 1984 Act (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph-- " (i) subject to a release supervision order under section 16 of the Crime (Sentences) Act 1997, or released on licence under section 28(5) or 29(1) of that Act; " . (3) In section 3 of the 1984 Act (transfer of prisoners into United Kingdom), in subsection (9)-- (a) for the words "section 48 of the Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales)" there shall be substituted the words "section 33 of the Crime (Sentences) Act 1997 (life prisoner transferred to England and Wales)"; and (b) for the words "section 34 of that Act (duty of Secretary of State to release discretionary life prisoners)" there shall be substituted the words "section 28 of that Act (duty to release certain life prisoners)". (4) For paragraph 2 of the Schedule to the 1984 Act there shall be substituted the following paragraph-- " Early release2 (1) Subject to sub-paragraph (2) below, the prisoner's sentence, that is to say, the provision included in the warrant which is equivalent to a sentence, shall be deemed-- (a) for the purposes of Chapter I of Part II of the Crime (Sentences) Act 1997, to have been imposed on the day on which the relevant provisions take effect; (b) for the purposes of Chapter II of that Part, to have been imposed on the same day as the sentence imposed in the country or territory from which he is transferred. (2) The question whether-- (a) section 11 of the Crime (Sentences) Act 1997 (award of early release days for good behaviour); or (b) section 12 of that Act (release on Parole Board recommendation), applies in the case of the prisoner shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred. " (5) For paragraph 3 of that Schedule there shall be substituted the following paragraph-- " Life imprisonment3 Where the relevant provisions include provision equivalent to a sentence in relation to which subsection (1) of section 29 of the Crime (Sentences) Act 1997 (power to release certain life prisoners etc.) applies, that subsection shall have effect as if the reference to consultation with the trial judge if available were omitted. " Prisoners repatriated to Scotland5 (1) This paragraph applies in relation to-- (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-- (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 [1993 c. 9.] 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--
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 [1997 c. 48.] Crime and Punishment (Scotland) Act 1997. (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 [1993 c. 9.] Prisoners 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--
8 (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 for offences committed after the commencement of section 33 of the Crime and Punishment (Scotland) Act 1997. (2) For paragraph 2 of the Schedule to the 1984 Act there shall be substituted the following paragraph-- " Early release2 The prisoner's sentence, that is to say, the provision included in the warrant which is equivalent to a sentence, shall be deemed-- (a) for the purposes of Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997, to have been imposed on the day on which the relevant provisions take effect; (b) for the purposes of section 2(2) and (7) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, to have been imposed on the same day as the sentence imposed in the country or territory from which he is transferred. " (3) For paragraph 3 of that Schedule there shall be substituted the following paragraph-- " Life imprisonment3 Where the relevant provisions include provision equivalent to a sentence in relation to which subsection (4) of section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (power to release certain life prisoners etc.) applies, that subsection shall have effect as if the reference to consultation with the trial judge if available were omitted. " Prisoners repatriated to Northern Ireland9 (1) This paragraph applies in relation to-- (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. " 10 (1) This paragraph applies in relation to prisoners repatriated to Northern Ireland after the commencement of this Schedule. (2) For paragraph 3 of the Schedule to the 1984 Act there shall be substituted the following paragraph-- " Life imprisonment3 Where the relevant provisions include provision equivalent to a sentence in relation to which subsection (3) of section 1 of the Northern Ireland (Emergency Provisions) Act 1973 (power to release certain life prisoners etc.) applies, that subsection shall have effect as if the reference to consultation with the trial judge if available were omitted. " Prisoners repatriated to the Islands11 (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. (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 3 Transfers within the British Islands of responsibility for offenders conditionally discharged from hospitalPart I Amendments of the 1983 ActTransfers from England and Wales to Scotland1 After section 80 of the 1983 Act there shall be inserted the following section-- " 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 Ireland2 After section 81 of the 1983 Act there shall be inserted the following section-- " 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 Wales3 After section 82 of the 1983 Act there shall be inserted the following section-- " 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 [S.I. 1986/596 (N.I.4).] Mental 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. " Transfers from England and Wales to the Islands4 After section 83 of the 1983 Act there shall be inserted the following section-- " 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 Wales5 After section 85 of the 1983 Act there shall be inserted the following section-- " 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 II Amendments of the 1984 ActTransfers from Scotland to England and Wales6 After section 77 of the 1984 Act there shall be inserted the following section-- " 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 [1995 c. 46.] 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 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. " Transfers from Scotland to Northern Ireland7 After section 80 of the 1984 Act there shall be inserted the following section-- " 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 Scotland8 After section 81 of the 1984 Act there shall be inserted the following section-- " 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 [S.I. 1986/596 (N.I.4).] Mental Health (Northern Ireland) Order 1986; and (b) has been conditionally discharged under Article 48(2) or 78(2) of that Order, Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 -- Back --
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