Crime and Punishment (Scotland) Act 1997 (c. 48)

(The document as of February, 2008)

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as the Commission are required to pay by or in accordance with directions given by the Secretary of State.

(2) Where a member of the Commission was, immediately before becoming a member, a participant in a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above.

(3) Where--

(a) a person ceases to hold office as a member of the Commission otherwise than on the expiry of his term of appointment; and

(b) it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

the Secretary of State may direct the Commission to make to him a payment of such amount as the Secretary of State may determine.

4 (1) The Commission may appoint a chief executive and such other employees as the Commission think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service.

(2) The Commission shall--

(a) pay to employees of the Commission such remuneration; and

(b) pay to or in respect of employees of the Commission any such allowances, fees, expenses and gratuities,

as the Commission may, with the consent of the Secretary of State, determine.

(3) Employment by the Commission shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.

5 The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) above in the sums payable out of money provided by Parliament under the [1972 c. 11.] Superannuation Act 1972.

Procedure

6 (1) The arrangements for the procedure of the Commission (including the quorum for meetings) shall be such as the Commission may determine.

(2) The arrangements may provide for the discharge, under the general direction of the Commission, of any function of the Commission--

(a) in the case of the function specified in sub-paragraph (3) below, by a committee consisting of not fewer than three members of the Commission; and

(b) in any other case, by any committee of, or by one or more of the members or employees of, the Commission.

(3) The function referred to in sub-paragraph (2)(a) above is making a reference to the High Court under section 194B of this Act.

(4) The validity of any proceedings of the Commission (or of any committee of the Commission) shall not be affected by--

(a) any vacancy among the members of the Commission or in the office of chairman of the Commission; or

(b) any defect in the appointment of any person as a member of the Commission or as chairman of the Commission.

(5) Where--

(a) a document or other material has been produced to the Commission under section 194I of this Act, or they have been given access to a document or other material under that section, and the Commission have taken away the document or other material (or a copy of it); and

(b) the person who produced the document or other material to the Commission, or gave them access to it, has notified the Commission that he considers that its disclosure to others may be contrary to the interests of national security,

the Commission shall, after consulting that person, deal with the document or material (or copy) in a manner appropriate for safeguarding the interests of national security.

Evidence

7 A document purporting to be--

(a) duly executed under the seal of the Commission; or

(b) signed on behalf of the Commission,

shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Annual reports and accounts

8 (1) As soon as possible after the end of each financial year of the Commission, the Commission shall send to the Secretary of State a report on the discharge of their functions during that year.

(2) Such a report may include an account of the working of the provisions of Part XA of this Act and recommendations relating to any of those provisions.

(3) The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under sub-paragraph (1).

9 (1) The Commission shall--

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year of the Commission.

(2) The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct.

(3) The Commission shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4) The Comptroller and Auditor General shall--

(a) examine, certify and report on the statement of accounts; and

(b) lay a copy of the statement of accounts and of his report before each House of Parliament.

10 For the purposes of this Schedule the Commission's financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Commission shall be the period beginning with the date of establishment of the Commission and ending with the first 31st March which falls at least six months after that date.

Expenses

11 The Secretary of State shall defray the expenses of the Commission up to such amount as may be approved by him. " .

Evidential provisions

26 Evidence concerning certain orders

(1) After section 233(5) of the 1995 Act (probation orders: commission of further offence) there shall be inserted the following subsection--

" (6) The fact that the offence mentioned in subsection (3)(b) above was committed in the circumstances mentioned in subsection (4) above shall, unless challenged--

(a) in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or

(b) in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted. " .

(2) After section 241(3) of the 1995 Act (requirements as to proceedings in respect of commission of offence during currency of community service order) there shall be inserted the following subsection--

" (4) The fact that the offence mentioned in subsection (1)(b) above was committed in the circumstances mentioned in subsection (2) above shall, unless challenged--

(b) in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted. " .

27 Proof of age

After section 255 of the 1995 Act there shall be inserted the following section--

" Proof of age

255A Proof of age

Where the age of any person is specified in an indictment or a complaint, it shall, unless challenged--

(a) in the case of proceedings on indictment by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or

(b) in summary proceedings--

(i) by preliminary objection before the plea of the accused is recorded; or

(ii) by objection at such later time as the court may in special circumstances allow,

be held as admitted. " .

28 Evidence from certain official documents

(1) Section 154 of the 1995 Act shall cease to have effect.

(2) After section 279 of the 1995 Act there shall be inserted the following section--

" Evidence from certain official documents

279A Evidence from certain official documents

(1) Any letter, minute or other official document issuing from the office of or in the custody of any of the departments of state or government in the United Kingdom which--

(a) is required to be produced in evidence in any prosecution; and

(b) according to the rules and regulations applicable to such departments may competently be so produced,

shall when so produced be prima facie evidence of the matters contained in it without being produced or sworn to by any witness.

(2) A copy of any such document as is mentioned in subsection (1) above bearing to be certified by any person having authority to certify it shall be treated as equivalent to the original of that document and no proof of the signature of the person certifying the copy or of his authority to certify it shall be necessary.

(3) Any order by any of the departments of state or government or any local authority or public body made under powers conferred by any statute or a print or a copy of such an order, shall when produced in a prosecution be received as evidence of the due making, confirmation, and existence of the order without being sworn to by any witness and without any further or other proof.

(4) Subsection (3) above is without prejudice to any right competent to the accused to challenge any order such as is mentioned in that subsection as being ultra vires of the authority making it or on any other competent ground.

(5) Where an order such as is mentioned in subsection (3) above is referred to in the indictment or, as the case may be, the complaint, it shall not be necessary to enter it in the record of the proceedings as a documentary production.

(6) The provisions of this section are in addition to, and not in derogation of, any powers of proving documents conferred by statute or existing at common law. " .

29 Evidence of vulnerable persons: special provisions

For section 271 of the 1995 Act there shall be substituted the following section--

" 271 Evidence of vulnerable persons: special provisions

(1) Subject to subsections (7) and (8) below, where a vulnerable person has been or could be cited to give evidence in a trial the court may appoint a commissioner to take the evidence of that person if--

(a) in solemn proceedings, at any time before the oath is administered to the jury;

(b) in summary proceedings, at any time before the first witness is sworn;

application is made in that regard; but to be so appointed a person must be, and for a period of five years have been, a member of the Faculty of Advocates or a solicitor.

(2) Proceedings before a commissioner appointed under subsection (1) above shall be recorded by video recorder.

(3) An accused shall not, except by leave of the commissioner, be present in the room where such proceedings are taking place but shall be entitled by such means as seem suitable to the commissioner to watch and hear the proceedings.

(4) Subsections (2) to (6), (8) and (9) of section 272 of this Act shall apply to an application under subsection (1) above and evidence taken by a commissioner appointed under that subsection as those subsections apply to an application under subsection (1) of that section and evidence taken by a commissioner appointed on such an application.

(5) Subject to subsections (7) and (8) below, where a vulnerable person has been or is likely to be cited to give evidence in a trial, the court may, on an application being made to it, authorise the giving of evidence by that person by means of a live television link.

(6) Subject to subsections (7) and (8) below, where a vulnerable person has been or is likely to be cited to give evidence in a trial, the court may, on application being made to it, authorise the use of a screen to conceal the accused from the sight of that person while that person is present to give evidence; but arrangements shall be made to ensure that the accused is able to watch and hear as the evidence is given by the vulnerable person.

(7) The court may grant an application under subsection (1), (5) or (6) above only on cause shown having regard in particular to--

(a) the possible effect on the vulnerable person if required to give evidence, no such application having been granted;

(b) whether it is likely that the vulnerable person would be better able to give evidence if such an application were granted; and

(8) In considering whether to grant an application under subsection (1), (5) or (6) above the court may take into account, where appropriate, any of the following--

(a) the nature of the alleged offence;

(b) the nature of the evidence which the vulnerable person is likely to be called upon to give;

(d) where the person is a child, his age and maturity.

(9) Where a sheriff to whom an application has been made under subsection (1), (5) or (6) above would have granted the application but for the lack of accommodation or equipment necessary to achieve the purpose of the application, he may by order transfer the case to any sheriff court which has such accommodation and equipment available, being a sheriff court in the same sheriffdom.

(10) The sheriff court to which a case has been transferred under subsection (9) above shall be deemed to have granted an application under, as the case may be, subsection (1), (5) or (6) above in relation to the case.

(11) Where a court has or is deemed to have granted an application under subsection (1), (5) or (6) above in relation to a vulnerable person, and the vulnerable person gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the vulnerable person prior to the trial shall be admissible as evidence as to such identification.

(12) In this section--

"child" means a person under the age of 16 years;
"court" means the High Court or the sheriff court;
"trial" means a trial under solemn or under summary procedure; and
"vulnerable person" means--
(a)
any child; and
(b)
any person of or over the age of 16 years--
(i)
who is subject to an order made in consequence of a finding of a court in any part of the United Kingdom that he is suffering from mental disorder within the meaning of section 1(2) of the [1984 c. 36.] Mental Health (Scotland) Act 1984, section 1(2) of the [1983 c. 20.] Mental Health Act 1983, or Article 3(1) of the [S.I. 1986/595 (N.I.4).] Mental Health (Northern Ireland) Order 1986 (application of enactment); or
(ii)
who is subject to a transfer direction under section 71(1) of the 1984 Act, section 47 of the 1983 Act, or Article 53 of the 1986 Order (transfer directions); or
(iii)
who otherwise appears to the court to suffer from significant impairment of intelligence and social functioning. " .

30 Routine evidence

(1) Schedule 9 to the 1995 Act (routine evidence) shall be amended in accordance with subsections (2) and (3) below.

(2) In the entry relating to the [1974 c. 40.] Control of Pollution Act 1974--

(a) in the first column, for the words from "Section 31(1)" to "such waters etc)" there shall be substituted the words "Section 30F (pollution offences)";

(b) in the second column, for the words "a river purification authority (within the meaning of that Act)" there shall be substituted the words "the Scottish Environment Protection Agency".

(3) In the entry relating to the [1984 c. 39.] Video Recordings Act 1984, for the words in the second and third columns there shall be substituted the words in, respectively, the left and right hand columns below--

" A person authorised to do so by the Secretary of State, being a person who has examined the record maintained in pursuance of arrangements made by the designated authority and in the case of a certificate in terms of--

(a)

sub-paragraph (a) in column 3, the video work mentioned in that sub-paragraph;

(b)

sub-paragraph (b) in that column, both video works mentioned in that sub-paragraph.

That the record shows any of the following--

(a)

in respect of a video work (or part of a video work) contained in a video recording identified by the certificate, that by a date specified no classification certificate had been issued;

(b)

in respect of a video work which is the subject of a certificate under sub-paragraph (a) above, that the video work differs in a specified way from another video work contained in a video recording identified in the certificate under this sub-paragraph and that, on a date specified, a classification certificate was issued in respect of that other video work;

(c)

that, by a date specified, no classification certificate had been issued in respect of a video work having a particular title;

(d)

that, on a date specified, a classification certificate was issued in respect of a video work having a particular title and that a document which is identified in the certificate under this sub-paragraph is a copy of the classification certificate so issued;

expressions used in column 2, or in this column, of this entry being construed in accordance with that Act; and in each of sub-paragraphs (a) to (d) above "specified" means specified in the certificate under that sub-paragraph. " .

(4) Section 5 of the [1993 c. 24.] Video Recordings Act 1993 shall cease to have effect.

(5) In Schedule 22 of the [1995 c. 25.] Environment Act 1995 (minor and consequential amendments), paragraph 35 shall cease to have effect.

31 Previous convictions in solemn proceedings

In section 101 of the 1995 Act (previous convictions in solemn proceedings), subsection (5) shall cease to have effect.

32 Supervision and care of persons diverted from prosecution or subject to supervision requirement

In section 27(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prisons etc.)--

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

" (aa) making available to any children's hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence as the hearing may require for the disposal of a case; " ;

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

" (ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence; " ;

" (v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order under section 57(2)(d) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995; " ;

(d) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph--

" (vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person; " ; and

(e) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph--

" (vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and " .

Part III Prisoners

Chapter I Early release

Early release

33 Application of provisions with respect to early release

(1) Subject to subsection (2) below, this Chapter applies in relation to sentences imposed in respect of offences committed after this Chapter comes into force.

(2) This Chapter does not apply in relation to sentences of an indeterminate length.

(3) Schedule 2 to this Act, which makes transitional provision as to the relationship between sentences passed in respect of offences committed before and after the coming into force of this Chapter, shall have effect.

(4) 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 Chapter to have been committed on the last of those days.

(5) In this Chapter--

"prescribed" means prescribed in rules made under section 39 of the 1989 Act (rules); and
"prisoner" includes a person sentenced to detention in a young offenders institution under section 207 of the 1995 Act, and cognate expressions shall be construed accordingly.

(6) Subject to subsection (7) below, the amendments made by this Act to the [1984 c. 47.] Repatriation of Prisoners Act 1984, section 74(6) of the 1984 Act, the 1989 Act and the 1993 Act, and the amendments made to the 1995 Act by paragraph 21(3) of Schedule 1 to this Act shall have effect only in relation to sentences in relation to which this Chapter applies; and any amendment expressed to relate to any of those Acts before or, as the case may be, after the amendments made by this Act come into force, shall have effect accordingly.

(7) Subsection (6) above does not apply--

(a) to amendments made to the Repatriation of Prisoners Act 1984 by paragraph 10(2)(b) and (3) of Schedule 1 to this Act;

(b) to amendments to the 1989 Act made by sections 42, 43 and 44 of, paragraph 13(2) and (4) of Schedule 1 to, and the repeal of the words from "including" to the end of section 3(1) of that Act made by Schedule 3 to, this Act; and

(c) to amendments to the 1993 Act made by section 16 of, and paragraph 14(2)(b), (3)(a) to (d), (8), (10)(b), (11)(a) and (18) of Schedule 1 to, this Act.

(8) Without prejudice to the provisions of Schedule 2 to this Act (which makes specific provision in relation to aggregation of sentences in the cases mentioned in it), for the purposes of any reference, however expressed, in this Chapter to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, he has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

34 Early release

(1) This section applies where a prisoner is serving a sentence of imprisonment for a term of more than two months.

(2) For each initial assessment period, the prescribed person may award the prisoner such number of early release days, not exceeding twelve, as he may determine having regard to the extent to which the prisoner's behaviour during that period has attained the prescribed minimum standard.

(3) For each subsequent assessment period, the prescribed person may award the prisoner--

(a) such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner's behaviour during that period has attained the prescribed minimum standard; and

(b) such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner's behaviour during the period has exceeded that standard.

(4) Where any early release days are awarded to a prisoner, any period which he must serve before becoming entitled to be released shall be reduced by the aggregate of those days.

(5) No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.

(6) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such amendments as may be specified in the order; but no amendment so specified shall reduce--

(a) the number of days specified in subsection (2) or (3)(a) above; or

(b) the total number of days specified in subsection (3) above.

(7) The power to make an order 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.

(8) In this section, in relation to a prisoner--

"assessment period" means--
(a)
the period of two months starting with the day on which his sentence begins; and
(b)
each successive period of two months ending before his release; and
"initial assessment period" means an assessment period starting less than twelve months after the day on which his sentence begins and "subsequent assessment period" shall be construed accordingly.

35 Prisoners held on remand

(1) This section applies to a prisoner who has been held in custody on remand prior to conviction or sentence and in respect of whom the court passing sentence has, under section 210(1)(b) of the 1995 Act (consideration of time spent in custody), fixed a date for the beginning of his sentence prior to the date upon which sentence is passed.

(2) Following the conviction and sentence of a prisoner mentioned in subsection (1) above, the prescribed person may, in accordance with section 34 of this Act, and having regard to the extent to which prison staff have not made adverse reports in respect of his conduct during the period which he has spent on remand, retrospectively award him early release days in respect of that part of that period which has been included in his sentence.

(3) Where--

(a) a prisoner has, prior to conviction or sentence, been held in hospital by virtue of an order made under section 52 (power of court to commit to hospital an accused suffering from mental disorder), 53 (interim hospital orders) or 200 (remand for inquiry into physical or mental condition) of the 1995 Act; and

(b) the court passing sentence has, under section 210(1)(b) of that Act, fixed a date for the beginning of his sentence prior to the date upon which sentence was passed,

he shall be awarded the maximum number of early release days in respect of his period in that hospital which he could have been awarded under this section if he had spent that period in custody on remand.

(4) No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.

(5) Subject to subsection (6) below, this section and section 34 of this Act apply to persons sentenced to be detained under section 44 (detention of children in summary proceedings) or detained for determinate periods under section 208 (detention of children convicted on indictment) of the 1995 Act as they apply to prisoners.

(6) Any early release days which may competently be awarded to a prisoner under this section or section 34 of this Act shall automatically be awarded to a person to whom either of those sections applies by virtue of subsection (5) above, but only for so long as that person is detained in a place other than a young offenders institution or a prison.

(7) Where a person such as is mentioned in subsection (6) above is transferred to a young offenders institution or a prison he shall, without prejudice to any rules as to forfeiture made under section 39(14) of the 1989 Act (rules), be entitled to the early release days awarded to him prior to that transfer.

36 Amendments to 1989 Act

(1) Section 39 of the 1989 Act (rules for the management of prisons) shall be amended in accordance with this section.

(2) Subsection (7) shall cease to have effect.

(3) After subsection (12), there shall be added the following subsections--

" (13) Rules made under this section may make provision in relation to the assessment mentioned in sections 34 and 35 of the Crime and Punishment (Scotland) Act 1997 and may, without prejudice to the generality of the foregoing, include provision--

(a) as to the person who is responsible for making any assessment required to be made in relation to any offender to whom either of those sections applies, whether directly or by virtue of section 41 of that Act (application of early release provisions to mentally disordered offenders);

(b) as to the intervals at which assessments are to be made;

(c) in relation to the considerations to which a person prescribed under paragraph (a) above is to have regard in applying the criteria set out in section 34;

(d) as to the manner in which any assessment is to be carried out;

(e) for notification of any determination to the prisoner concerned;

(f) enabling a prisoner--

(i) to make such appeals against any such determination as may be prescribed to such person or persons as may be prescribed; and

(ii) following such appeals, to make an appeal to the Secretary of State, who may appoint a person--

(A) to consider any such appeal in such manner as that person thinks fit; and

(B) to recommend to the Secretary of State how it should be disposed of;

(g) as to the application of those sections in respect of prisoners who are transferred between prisons.

(14) Subject to subsection (15) below, rules made under this section may provide for the forfeiture of early release days awarded to a prisoner, whether on remand or following sentence, where he is guilty, under such rules, of a breach of discipline.

(15) Rules made under this section may not provide for the forfeiture of any early release days awarded to a mentally disordered offender, within the meaning of section 41 of the Crime and Punishment (Scotland) Act 1997, in respect of anything done by him when he is actually in a hospital in consequence of--

(a) a transfer direction under section 71 of the [1984 c. 36.] Mental Health (Scotland) Act 1984 (removal to hospital of persons serving sentences of imprisonment and other persons); or

(b) a hospital direction under section 59A of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 (hospital directions).

(16) Where a prisoner has not been awarded any early release days, or where the number of days he has been awarded is less than the number of days to be forfeited, the forfeiture referred to in subsection (14) above shall apply to any such days which may subsequently be awarded to that prisoner, but no such forfeiture shall result in a prisoner's being held in prison for a period longer than the total sentence imposed on him by the sentencing court. " .

37 Suspension of period of early release

(1) This section applies to a prisoner, other than a prisoner mentioned in subsection (8) below, sentenced to a term of imprisonment (in this section referred to as "the original sentence") by a court in Scotland and released by virtue of section 34 of this Act if--

(a) following that release and before the expiry of--

(i) any supervised release order made in respect of him; or

(ii) a period representing one sixth of the term of imprisonment to which he was originally sentenced,

whichever is the later, he commits another offence punishable by imprisonment; and

(b) whether before or after that date, he pleads guilty to or is found guilty of that offence (in this section referred to as "the new offence") in a court in the United Kingdom.

(2) Where the court mentioned in subsection (1)(b) above is in Scotland then, instead of or in addition to making any other order in respect of the plea or finding--

(a) in a case other than that mentioned in paragraph (b) below, and subject to subsection (3) below, it may order the prisoner to be returned to prison for the whole or any part of the period which--

(i) begins with the date of the order for his return; and

(ii) is equal in length to the period between the date of his release and the date on which he would (but for that release) have served his sentence in full;

(b) in a case where that court is inferior--

(i) to the court which imposed the original sentence; or

(ii) where that sentence was imposed by more than one court, to any of those courts,

it shall refer the case to the superior court in question; and a court to which a case is so referred may make such order with respect to the prisoner as is mentioned in paragraph (a) above.

(3) There shall be deducted from the period mentioned in subsection (2)(a) above any period which the prisoner has already spent in prison by reason of--

(a) having been returned to prison on the order of a court for breach of a supervised release order made at the time of his original conviction; or

(b) having been returned to prison by virtue of a sentence passed in respect of an earlier offence committed by him during the period after his release and prior to the date mentioned in subsection (1)(a) above.

(4) Where the court mentioned in subsection (1)(b) above is in England and Wales or Northern Ireland it may, instead of or in addition to making any other order in respect of the plea or finding, refer the case to the court which imposed the original sentence and shall, if it does so, send to that court such particulars of the case as may be relevant.

(5) The court to which a case is referred under subsection (4) above may make such an order as is referred to in subsection (2)(a) above in respect of the prisoner.

(6) The period for which a prisoner to whom this section applies is ordered under subsection (2) or (5) above to be returned to prison--

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