Crime (Sentences) Act 1997 (c. 43)

(The document as of February, 2008)

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Transfers of prisoners: general

8 In relation to any person serving a determinate custodial sentence in respect of an offence committed before the commencement of Chapter I of Part II of this Act, paragraph 6 of Schedule 1 to this Act shall have effect as if, in sub-paragraph (3)(b) of that paragraph, for the words "recalled to prison under the licence" there were substituted the words "recalled or returned to prison".

Transfers of prisoners from England and Wales to Scotland

9 (1) In relation to any person serving a determinate custodial sentence imposed in respect of an offence committed before the commencement of Chapter I of Part II of this Act, paragraph 8 of Schedule 1 to this Act shall have effect as if--

(a) references in sub-paragraph (2) to provisions of that Chapter were references to sections 33, 35 to 39, 41 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as relating to short-term or long-term prisoners;

(b) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37 to 39, 43 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as so relating;

(c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act; and

(d) section 67 of the [1967 c. 80.] Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) or, as the case may require, section 9 of this Act extended to Scotland.

(2) In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 8 of Schedule 1 to this Act shall have effect as if--

(a) references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

Transfers of prisoners from England and Wales to Northern Ireland

10 (1) In relation to any person serving a determinate custodial sentence imposed in respect of an offence committed before the commencement of Chapter I of Part II of this Act, paragraph 9 of Schedule 1 to this Act shall have effect as if--

(a) in sub-paragraph (1), paragraph (a) and, in paragraph (b), the words "to that and" were omitted;

(b) references in sub-paragraph (2) to provisions of that Chapter were references to sections 33, 35 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as relating to short-term or long-term prisoners;

(c) references in sub-paragraph (4) to provisions of that Chapter were references to sections 37 to 40, 43 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as so relating;

(d) the reference in sub-paragraph (6) to any provision of Part II of this Act were a reference to any provision of Part II of that Act; and

(e) section 67 of the [1967 c. 80.] Criminal Justice Act 1967 or, as the case may require, section 9 of this Act extended to Northern Ireland.

(2) In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 9 of Schedule 1 to this Act shall have effect as if--

(c) the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.

Transfers of prisoners from Scotland to England and Wales

11 (1) In relation to any prisoner sentenced on or after 1st October 1993 in respect of an offence committed before the commencement of section 33 of the [1987 c. 48.] Crime and Punishment (Scotland) Act 1997 ("the 1997 Act"), paragraph 10 of Schedule 1 to this Act shall have effect as if--

(a) references in sub-paragraph (2) to sections 15, 18 and 19 of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 ("the 1993 Act") and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to sections 1 to 3, 5, 6(1)(a) and (b)(i) and (iii), 9, 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(b) references in sub-paragraph (5) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to sections 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(c) references in that sub-paragraph to sections 2(4), 11 to 13 and 17 of the 1993 Act were references to sections 26 and 28 of the [1989 c. 45.] Prisons (Scotland) Act 1989 ("the 1989 Act"); and

(d) the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the 1993 Act.

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 10 of Schedule 1 to this Act shall have effect as if--

(a) references in sub-paragraph (2) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, the 1989 Act and any rules made under section 18 or 39 of that Act;

(b) references in sub-paragraph (5) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c) the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) In sub-paragraph (1) above the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995; and in sub-paragraph (2) above--

(a) the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

(b) any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.

Transfers of prisoners from Scotland to Northern Ireland

12 (1) In relation to any prisoner sentenced on or after 1st October 1993 for an offence committed before the commencement of section 33 of the [1997 c. 48] Crime and Punishment (Scotland) Act 1997 ("the 1997 Act"), paragraph 11 of Schedule 1 to this Act shall have effect as if--

(a) references in sub-paragraph (2) to 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 Act were references to sections 1, 2, 3, 5, 6(1)(a) and (b)(i) and (iii), 9, 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(b) references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to sections 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(c) references in that sub-paragraph to sections 2(4), 11 to 13 and 17 of the 1993 Act were references to sections 26 and 28 of the [1989 c. 45.] Prisons (Scotland) Act 1989 ("the 1989 Act"); and

(d) the reference in sub-paragraph (5) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the 1993 Act, and the Table set out in that sub-paragraph contained the following entry--

" Probation officer appointed for or assigned to such petty sessions area

Probation Officer appointed by the Probation Board for Northern Ireland "

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 11 of Schedule 1 to this Act shall have effect as if--

(a) references in sub-paragraph (2) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43, and Schedule 1 to, the 1989 Act and any rules made under section 18 or 39 of that Act;

(b) references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and sections 33(5) and 37 of the 1997 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c) the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) Sub-paragraph (3) of paragraph 11 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

Interpretation

13 In this Schedule--

"life prisoner" has the same meaning as in Chapter II of Part II of this Act;
"term of imprisonment" includes a sentence of detention in a young offender institution or under section 53 of the 1933 Act.

Section 56(2).

SCHEDULE 6 Repeals

Chapter	Short title	Extent of repeal
9 & 10 Eliz. 2 c.39.	Criminal Justice Act 1961.	Part III.
		In section 36(1), the words "or under Part III".
		In section 38, in subsection (3), the words "of Part III and" and, in subsection (6), the words "and of any enactment referred to in Part III of this Act".
		In section 39, in subsection (1), the definitions of "appropriate institution" and "responsible Minister", and subsection (1A).
		In section 42, in subsection (1), the words "Part III except section thirty-three" and, in subsection (2), the words "Part III".
1967 c. 80.	Criminal Justice Act 1967.	Section 67.
1973 c. 62.	Powers of Criminal Courts Act 1973.	In section 2(3), the words from "and the court" to the end.
		In section 14(2), the words "the offender consents and".
		In section 42(1), the words "or section 62 of the Criminal Justice Act 1967".
1983 c. 20.	Mental Health Act 1983.	In section 37(4), the words "in the event of such an order being made by the court".
		In section 47(1), the words "(not being a mental nursing home)".
		In Schedule 1, in Part II, in paragraph 5, the word "and" immediately following sub-paragraph (a).
1991 c. 53.	Criminal Justice Act 1991.	In section 4(1), the words "section 3(1) above applies and".
		In section 12, in subsection (1), the words "of or over the age of sixteen years" and, in subsection (5), the words from "and the court" to the end.
		Sections 33 to 51.
		Section 65.
		In Schedule 2, in paragraph 14, in sub-paragraph (2)(b), the words from "being treatment" to the end.

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