Crime (Sentences) Act 1997 (c. 43)

(The document as of February, 2008)

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(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. "

Transfers from the Islands to Scotland

9 After section 82 of the 1984 Act there shall be inserted the following section--

" 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 Islands

10 After section 82A of the 1984 Act there shall be inserted the following section--

" 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 [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 authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority. "

Section 55.

SCHEDULE 4 Minor and consequential amendments

Army Act 1955 (c. 18)

1 (1) After subsection (3) of section 70 of the Army Act 1955 (civil offences) there shall be inserted the following subsection--

" (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)".

Air Force Act 1955 (c. 19)

2 (1) After subsection (3) of section 70 of the Air Force Act 1955 (civil offences) there shall be inserted the following subsection--

(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

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

Naval Discipline Act 1957 (c. 53)

3 (1) After subsection (1) of section 42 of the Naval Discipline Act 1957 (civil offences) there shall be inserted the following subsection--

" (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

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".

Children and Young Persons Act 1963 (c. 37)

4 After 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--

" (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)

5 (1) In subsection (2) of section 56 of the Criminal Justice Act 1967 (committal for sentence for offences tried summarily)--

(a) for the words "sections 37 and 38" there shall be substituted the words "sections 37, 38 and 38A"; and

(b) for the words "and section 62(6) of this Act" there shall be substituted the words ", section 17(3) of the Crime (Sentences) Act 1997 (committal for breach of conditions of release supervision order),".

(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".

Criminal Appeal Act 1968 (c. 19)

6 (1) In subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of sentence)--

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

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

(b) after paragraph (c) there shall be inserted the following paragraph--

" (cc) a direction under section 20(3) or 21(3) of the Crime (Sentences) Act 1997 (extended supervision for sexual or violent offenders); " .

(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 "Section 9 of the Crime (Sentences) Act 1997 (crediting of periods of remand in custody)".

Immigration Act 1971 (c. 77)

7 In 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 "section 9 of the Crime (Sentences) Act 1997".

Powers of Criminal Courts Act 1973 (c. 62)

8 (1) In section 1A(1) of the 1973 Act (absolute and conditional discharge), after the words "is fixed by law" there shall be inserted the words "or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997".

(2) In section 2(1) of that Act (probation orders), after the words "is fixed by law" there shall be inserted the words "or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997".

(3) In section 30(1) of that Act (general power to fine offender), after the words "is fixed by law" there shall be inserted the words "or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997".

(4) In subsection (1) of section 42 of that Act (power of Crown Court on committal for sentence), after the words "section 38" there shall be inserted the words "or 38A".

Rehabilitation of Offenders Act 1974 (c. 53)

9 (1) In subsection (2) of section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), after paragraph (c) there shall be inserted the following paragraph--

" (d) breach of any condition of a release supervision order made under section 16 of the Crime (Sentences) Act 1997. "

(2) In subsection (6) of section 6 of that Act (the rehabilitation period applicable to a conviction), at the end of paragraph (a) there shall be inserted the words "or of an offence under section 17 of the Crime (Sentences) Act 1997 (breach of conditions of release supervision order)".

Magistrates' Courts Act 1980 (c. 43)

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".

(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. "

Criminal Justice Act 1982 (c. 48)

11 In subsection (4) of section 1A of the 1982 Act (detention in a young offender institution), for the words "section 65(6) of the Criminal Justice Act 1991" there shall be substituted the words "section 17(1) of the Crime (Sentences) Act 1997 as it has effect by virtue of section 19 of that Act".

Mental Health Act 1983 (c. 20)

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".

(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.

(4) After subsection (3) of section 50 of that Act (further provisions as to prisoners under sentence) there shall be inserted the following subsection--

" (3A) In applying subsection (3) above account shall be taken of any early release days awarded to the person under section 11 of the Crime (Sentences) Act 1997 (read with section 22 of that Act). "

(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

(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; " .

Criminal Justice Act 1988 (c. 33)

13 At 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".

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

14 In 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 "section 9 of the Crime (Sentences) Act 1997".

Criminal Justice Act 1991 (c. 53)

15 (1) In subsection (1) of section 1 of the 1991 Act (restrictions on imposing custodial sentences), after the words "fixed by law" there shall be inserted the words "or falling to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997".

(2) For subsection (3) of that section there shall be substituted the following subsection--

" (3) Nothing in subsection (2) above shall prevent the court from passing a custodial sentence on the offender if he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a probation order or supervision order and which requires an expression of such willingness. "

(3) In subsection (1) of section 2 of that Act (length of custodial sentences), after the words "fixed by law" there shall be inserted the words "or falling to be imposed under section 2(2) of the Crime (Sentences) Act 1997".

(4) At the beginning of subsection (2) of that section there shall be inserted the words "Subject to sections 3(2) and 4(2) of that Act,".

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

" (5) Subsection (3) above shall not apply in any case where the court passes a custodial sentence falling to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997 which is for the minimum term specified in that subsection. "

(6) In subsection (1) of section 4 of that Act (additional requirements in the case of mentally disordered offenders)--

(a) the words "section 3(1) above applies and" shall cease to have effect; and

(b) after the words "fixed by law" there shall be inserted the words "or falling to be imposed under section 2(2) of the Crime (Sentences) Act 1997".

(7) In subsection (3) of that section, after the words "fixed by law" there shall be inserted the words "or falling to be imposed under section 2(2) of the Crime (Sentences) Act 1997".

(8) In subsection (1) of section 11 of that Act (orders combining probation and community service), after the words "is fixed by law" there shall be inserted the words "or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997".

(9) In subsection (1) of section 12 of that Act (curfew orders), after the words "is fixed by law" there shall be inserted the words "or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997".

(10) In section 32 of that 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".

(11) In sub-paragraph (2) of each of paragraphs 3 and 4 of Schedule 2 to that Act (powers of magistrates' court and Crown Court), for paragraph (b) there shall be substituted the following paragraph--

" (b) in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act. "

(12) In sub-paragraph (2)(a)(ii) of paragraph 13 of that Schedule (amendment of requirements of probation or curfew order), after the word "unless" there shall be inserted the words "the offender has expressed his willingness to comply with such a requirement and".

(13) In sub-paragraph (2)(b) of paragraph 14 of that Schedule (amendment of certain requirements of probation order), the words from "being treatment" to the end shall cease to have effect.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

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".

(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)

17 After subsection (2) of section 48 of the Criminal Justice and Public Order Act 1994 (reduction in sentences for guilty pleas) there shall be inserted the following subsection--

" (3) In the case of an offence the sentence for which falls to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997, nothing in that subsection shall prevent the court, after taking into account any matter referred to in subsection (1) above, from imposing any sentence which is not less than 80 per cent of that specified in that subsection. "

Section 56(1).

SCHEDULE 5 Transitional provisions and savings

Sentences for offences committed before the commencement of Chapter I of Part II

1 Notwithstanding their repeal by this Act, sections 33, 35 to 47, 49 to 51 and 65 of the 1991 Act shall, so far as applicable and subject to the following provisions of this Schedule, continue to have effect in relation to persons sentenced to determinate sentences of imprisonment for offences committed before the commencement of Chapter I of Part II of this Act.

Consecutive sentences for offences committed before and after that commencement

2 (1) This paragraph applies where consecutive terms of imprisonment include--

(a) the term of a sentence imposed on an offender for an offence committed after the commencement of Chapter I of Part II of this Act; and

(b) the term of a sentence imposed on him for an offence committed before that commencement.

(2) Subject to sub-paragraphs (3) and (4) below, the time to be served by the offender shall be determined separately in respect of each sentence under whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to that sentence.

(3) Where the offender was remanded in custody in connection with--

(a) an offence falling within sub-paragraph (1)(a) above; and

(b) an offence falling within sub-paragraph (1)(b) above,

any additional days which have been both conditionally and provisionally awarded to him shall be taken into account for the purposes of Chapter I of Part II of this Act and not for the purposes of Part II of the 1991 Act.

(4) The time to be served by the offender in respect of a sentence falling within sub-paragraph (1)(b) above which--

(a) is for a term of four years or more; and

(b) is not the final sentence,

shall be determined as if section 35(1) of the 1991 Act were omitted.

(5) The offender shall be released when he has served the time required to be served in respect of the final sentence.

(6) Subject to sub-paragraph (7) below, whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to the final sentence shall apply in relation to the offender after his release.

(7) Notwithstanding anything in Part II of the 1991 Act, the offender's supervision shall be for the period which would be applicable if each of his terms of imprisonment had been imposed in respect of offences committed after the commencement of Chapter I of Part II of this Act.

(8) In this paragraph "the final sentence", in relation to any time, means the sentence which at that time falls to be served after the other or others.

(9) In this paragraph and paragraph 3 below--

"conditionally awarded" means conditionally awarded under prison rules made by virtue of section 42(1) of the 1991 Act;
"provisionally awarded" means provisionally awarded under prison rules having effect by virtue of section 15(2) of this Act;

and any reference to Part II of the 1991 Act includes, unless the context otherwise requires, a reference to section 65 of that Act.

Concurrent sentences for offences committed before and after that commencement

3 (1) This paragraph applies where terms of imprisonment which are wholly or partly concurrent include--

(a) the term of a sentence imposed on an offender for an offence committed after the commencement of Chapter I of Part II of this Act; and

(b) the term of a sentence imposed on him for an offence committed before that commencement.

(2) Subject to sub-paragraph (3) below, the time to be served by the offender in respect of the final sentence shall be determined under whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to that sentence.

(3) Where the offender was remanded in custody in connection with--

(a) an offence falling within sub-paragraph (1)(a) above; and

(b) an offence falling within sub-paragraph (1)(b) above,

any additional days which have been both conditionally and provisionally awarded to him shall be taken into account only for the purposes of whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to the final sentence.

(4) The offender shall be released when he has served the time required to be served in respect of the final sentence.

(5) Subject to sub-paragraph (6) below, whichever of Chapter I of Part II of this Act and Part II of the 1991 Act is applicable to the final sentence shall apply in relation to the offender after his release.

(6) Notwithstanding anything in Part II of the 1991 Act, the offender's supervision shall be for the period which would be applicable if each of his terms of imprisonment had been imposed in respect of offences committed after the commencement of Chapter I of Part II of this Act.

(7) Where at any time a sentence falling within sub-paragraph (1)(a) above ("sentence A") becomes the final sentence in place of a sentence falling within sub-paragraph (1)(b) above ("sentence B") either--

(a) because the term of sentence A is increased on appeal; or

(b) because sentence B is set aside, or its term is reduced, on appeal,

then, for each assessment period for the purposes of section 11 of this Act beginning before that time, the prescribed person or, as the case may be, the Secretary of State shall assume, for the purposes of subsection (2) or (3) of that section, that the prisoner's behaviour was such as to entitle him to the maximum number of early release days available under that subsection.

(8) In this paragraph "the final sentence", in relation to any time, means the sentence which at that time will have the later or latest release date on the following assumptions, namely--

(a) that the time to be served in respect of a sentence falling within sub-paragraph (1)(a) above is equal to the term imposed by the court less the number of days (if any) directed by the court to count as time served as part of the sentence; and

(b) that the time to be served in respect of a sentence falling within sub-paragraph (1)(b) above is equal to the appropriate proportion of the term imposed by the court less any period by which the sentence falls to be reduced under section 67 of the [1967 c. 80.] Criminal Justice Act 1967.

(9) In sub-paragraph (8) above "the appropriate proportion" means one-half in the case of a term of less than four years and two thirds in the case of a term of four years or more.

Crediting of periods of remand in custody

4 In relation to any time between the commencement of section 9 of this Act and the commencement of Chapter I of Part II of this Act, sections 34, 41 and 47 of the 1991 Act shall have effect as if any reference (however expressed) to a relevant period by which a sentence falls to be reduced under section 67 of the 1967 Act were a reference to a number of days directed under section 9 of this Act to count as time served as part of a sentence.

Duty to release certain life prisoners

5 (1) In relation to any time before the commencement of section 9 of this Act, section 28 of this Act shall have effect as if, in paragraph (b) of subsection (3), for the words "of any direction it would have given under section 9 above" there were substituted the words "which section 67 of the Criminal Justice Act 1967 would have had".

(2) In relation to any time before the commencement of Chapter I of Part II of this Act, section 28 of this Act shall have effect as if--

(a) after paragraph (b) of subsection (3), there were inserted the words " and

(b) in paragraph (c) of subsection (7), for the words from "the time when" to the end there were substituted the words "he has served one-half of that sentence".

(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.

Life prisoners transferred to England and Wales

6 In relation to any time before the commencement of Schedule 1 to this Act, section 33 of this Act shall have effect as if, in paragraph (b)(i) of subsection (4), for the words "paragraph 1 of Schedule 1 to this Act" there were substituted the words "section 26 of the [1961 c. 39.] Criminal Justice Act 1961".

Recall of life prisoners while on licence

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.

(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: general

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