Crime and Disorder Act 1998 (c. 37)

(The document as of February, 2008)

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(2) After that subsection there shall be inserted the following subsections--

" (1A) Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.

(1B) Where the supervision is to be provided by--

(a) a social worker of a local authority social services department; or

(b) a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being. "

95 In subsection (1) of section 99 of the 1991 Act (general interpretation), after the definition of "young person" there shall be inserted the following definition--

" "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998. "

96 (1) After sub-paragraph (5) of paragraph 1 of Schedule 2 to the 1991 Act (enforcement etc. of community orders) there shall be inserted the following sub-paragraph--

" (6) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court. "

(2) In sub-paragraph (1)(d) of paragraph 3 of that Schedule, the words "revoke the order and" shall cease to have effect.

(3) After sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph--

" (2A) Where a magistrates' court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force. "

(4) In sub-paragraph (1)(d) of paragraph 4 of that Schedule, the words "revoke the order and" shall cease to have effect.

(5) After sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph--

" (2A) Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force. "

(6) After paragraph 12(4) of that Schedule there shall be inserted the following sub-paragraphs--

" (5) Where--

(a) the court amends a probation order or community service order under this paragraph;

(b) a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and

(c) the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,

the court shall further amend the order by substituting the other authority for the authority specified in the order.

(6) In sub-paragraph (5) above "local authority" has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section. "

(7) In paragraph 17(1) of that Schedule, the words from "and the court shall not" to the end shall cease to have effect.

97 In paragraph 1(2) of Schedule 5 to the 1991 Act (Parole Board: supplementary provisions), for the words "its functions under Part II of this Act" there shall be substituted the following paragraphs--

" (a) its functions under this Part in respect of long-term and short-term prisoners; and

(b) its functions under Chapter II of Part II of the [1997 c. 43.] Crime (Sentences) Act 1997 in respect of life prisoners within the meaning of that Chapter " .

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

98 (1) In subsection (1) of section 1 of the 1993 Act (release of short-term, long-term and life prisoners), at the beginning there shall be inserted the words "Subject to section 26A(4) of this Act,".

(2) In subsection (2) of that section, at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act".

(3) After subsection (3) of that section there shall be inserted the following subsection--

" (3A) Subsections (1) to (3) above are subject to section 1A of this Act. "

99 (1) After subsection (1) of section 4 of the 1993 Act (persons detained under the Mental Health (Scotland) Act 1984) there shall be inserted the following subsection--

" (1A) This Part of this Act shall apply to a person conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act as if, while so detained, he was serving the sentence of imprisonment imposed on him at the time at which that direction was made. "

(2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 January 1998.

100 In section 5 of the 1993 Act (fine defaulters and persons in contempt of court)--

(a) in subsection (1), for the words "and (3)" there shall be substituted the words "to (4)"; and

(b) after subsection (3) there shall be inserted the following subsection--

" (4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment. "

101 In section 7 of the 1993 Act (children detained in solemn proceedings)--

(a) in subsection (1)(b), at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act";

(b) after that subsection there shall be inserted the following subsections--

" (2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

(2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.

(2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years--

(a) section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and

(b) the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison. " ;

" (4A) Where an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence. " ; and

(d) in subsection (5), after the word "construed" there shall be inserted the words "and sections 1A and 27 shall apply".

102 In section 11 of the 1993 Act (duration of licences), subsections (3)(b) and (4) shall cease to have effect.

103 In section 14 of the 1993 Act (supervised release of short-term prisoners), subsections (2) and (3) shall cease to have effect.

104 (1) In subsection (1) of section 16 of the 1993 Act (orders for return to prison after commission of further offence), after the word "released" there shall be inserted the words "at any time".

(2) In paragraph (a) of subsection (7) of that section, after the word "shall" there shall be inserted the words ", if the licence is in force when the order is made,".

(3) Paragraph (b) of that subsection shall cease to have effect.

105 In section 17 of the 1993 Act (revocation of licence), after subsection (4) there shall be inserted the following subsection--

" (4A) Where the case of a prisoner to whom section 3A of this Act applies is referred to the Parole Board under subsection (3) above, subsection (4) of that section shall apply to that prisoner in place of subsection (4) above. "

106 In section 20 of the 1993 Act (Parole Board for Scotland), at the end of subsection (4) there shall be inserted the words-- " and rules under this section may make different provision for different classes of prisoner. "

107 After subsection (7) of section 27 of the 1993 Act (interpretation) there shall be inserted the following subsection--

" (8) For the purposes of this section "public holiday" means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed. "

108 In Schedule 6 to the 1993 Act (transitional provisions), after paragraph 6C there shall be inserted the following paragraph--

" 6D Where a prisoner released on licence is treated by virtue of the provisions of this or any other enactment as a prisoner whose licence was granted under section 2(4) of this Act, the validity of his licence shall not be affected by the absence in the licence of such a condition as is specified in section 12(2) of this Act. "

Probation Service Act 1993 (c. 47)

109 In subsection (1)(dd) of section 4 of the [1993 c. 47.] Probation Service Act 1993 (functions of probation committee), for the words "a secure training order (within the meaning of section 1 of the Criminal Justice and Public Order Act 1994)" there shall be substituted the words "a detention and training order (within the meaning of section 73 of the Crime and Disorder Act 1998)".

110 (1) In subsection (1) of section 17 of that Act (probation committee expenditure), for the words "(5) and (5A)" there shall be substituted the words "and (5)".

(2) Subsection (5A) of that section shall cease to have effect.

Criminal Justice and Public Order Act 1994 (c. 33)

111 In subsection (3) of section 12 of the 1994 Act (escort arrangements and officers), after the words "secure training orders" there shall be inserted the words "or detention and training orders".

112 In paragraph 4 of Schedule 1 to the 1994 Act (escort arrangements: England and Wales), in the definition of "the offender", after the words "section 1 of this Act" there shall be inserted the words "or detention and training under section 73 of the Crime and Disorder Act 1998".

113 (1) In sub-paragraph (1) of paragraph 3 of Schedule 2 to the 1994 Act (certification of custody officers: England and Wales)--

(a) in paragraph (b), for the words "person in charge" there shall be substituted the word "monitor"; and

(b) in paragraph (c), for the words "person in charge" there shall be substituted the word "governor".

(2) In sub-paragraph (2) of that paragraph, for the words "or person in charge" there shall be substituted the words ", monitor or governor".

Drug Trafficking Act 1994 (c. 37)

114 In subsection (7) of section 2 of the Drug Trafficking Act 1994 (confiscation orders), paragraph (a) shall cease to have effect.

Proceeds of Crime (Scotland) Act 1995 (c. 43)

115 At the end of section 18 of the Proceeds of Crime (Scotland) Act 1995 (order to make material available) there shall be added the following subsection--

" (12) In this section "constable" includes a person commissioned by the Commissioners of Customs and Excise. "

116 In subsection (6) of section 19 of that Act (authority for search)--

(a) for the words "subsection (10)" there shall be substituted the words "subsections (10) and (12)"; and

(b) for the words "it applies" there shall be substituted the words "they apply".

Criminal Procedure (Scotland) Act 1995 (c. 46)

117 (1) For section 18(3) of the 1995 Act (prints and samples) there shall be substituted the following subsection--

" (3) Subject to subsection (4) below, all record of any relevant physical data taken from or provided by a person under subsection (2) above, all samples taken under subsection (6) below and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 246(3) of this Act. "

(2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 August 1997.

118 In subsection (3) of section 49 of the 1995 Act (references to children's hearings), in paragraph (b), after the words "the sheriff" there shall be inserted the words "or district".

119 In section 106(1)(bb) of the 1995 Act (appeals against automatic sentences), which is prospectively inserted by section 18(1) of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997, for the words "205B(3) or 209(1A)" there shall be substituted the words "or 205B(3)".

120 In section 108A of the 1995 Act (prosecutor's right of appeal against refusal to impose automatic sentence), which is prospectively inserted by section 18(2) of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997, for the words "205B(3) or 209(1A)" there shall be substituted the words "or 205B(3)".

121 In section 118(4A) of the 1995 Act (disposal of appeals), which is prospectively inserted by section 18(5) of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997, in paragraph (c), sub-paragraph (iii) shall cease to have effect.

122 In section 167 of the 1995 Act (findings and sentences in summary proceedings), in subsection (7), at the beginning there shall be inserted the words "Subject to section 204A of this Act,".

123 In subsection (5C) of section 175 of the 1995 Act (right of appeal in summary proceedings), the words "paragraph (a) of" shall be omitted.

124 In subsection (1) of section 307 of the 1995 Act (interpretation), in the definition of "officer of law"--

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

" (ba) any person commissioned by the Commissioners of Customs and Excise; " ; and

(b) in paragraph (e), for the words "class or persons" there shall be substituted the words "class of persons".

Criminal Procedure and Investigations Act 1996 (c. 25)

125 In subsection (2) of section 1 of the Criminal Procedure and Investigations Act 1996 (application of Part I of that Act)--

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

" (cc) a person is charged with an offence for which he is sent for trial under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998, " ; and

(b) at the end there shall be inserted the words " or

(f) a bill of indictment charging a person with an indictable offence is preferred under section 22B(3)(a) of the [1985 c. 23.] Prosecution of Offences Act 1985. "

126 In section 5 of that Act (compulsory disclosure by accused), after subsection (3) there shall be inserted the following subsection--

" (3A) Where this Part applies by virtue of section 1(2)(cc), this section does not apply unless--

(a) copies of the documents containing the evidence have been served on the accused under regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and

(b) a copy of the notice under subsection (7) of section 51 of that Act has been served on him under that subsection. "

127 In subsection (1) of section 13 of that Act (time limits: transitional)--

(a) after the words "section 1(2)(b) or (c)," there shall be inserted the words--

" (cc) the accused is sent for trial under section 51 of the Crime and Disorder Act 1998 (where this Part applies by virtue of section 1(2)(cc)), " ; and

(b) after the words "section 1(2)(e)" there shall be inserted the words "or (f)".

128 In subsection (1)(a) of section 28 of that Act (introduction to Part III), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 51 of the Crime and Disorder Act 1998,".

129 In subsection (1) of section 39 of that Act (meaning of pre-trial hearing), after the words "committed for trial for the offence concerned" there shall be inserted the words ", after the accused has been sent for trial for the offence under section 51 of the Crime and Disorder Act 1998,".

Crime (Sentences) Act 1997 (c. 43)

130 (1) In subsection (3) of section 28 of the 1997 Act (duty to release certain life prisoners), after paragraph (b) there shall be inserted the words " and

(c) the provisions of this section as compared with those of sections 33(2) and 35(1) of the [1991 c. 53.] Criminal Justice Act 1991 ("the 1991 Act") " .

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

131 (1) In subsection (2) of section 31 of the 1997 Act (duration and conditions of licences), the words "(which shall include on his release conditions as to his supervision by a probation officer)" shall cease to have effect.

(2) After that subsection there shall be inserted the following subsection--

" (2A) The conditions so specified shall include on the prisoner's release conditions as to his supervision by--

(a) a probation officer appointed for or assigned to the petty sessions area within which the prisoner resides for the time being;

(b) where the prisoner is under the age of 22, a social worker of the social services department of the local authority within whose area the prisoner resides for the time being; or

(c) where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998. "

(3) In subsection (6) of that section, for the words "section 24(2) above" there shall be substituted the words "section 46(3) of the 1991 Act", and for the words "the words in parentheses" there shall be substituted the words "subsection (2A) above".

132 (1) In subsection (1) of section 35 of the 1997 Act (fine defaulters: general), for the words "the 1980 Act" there shall be substituted the [1980 c. 43.] words "the Magistrates' Courts Act 1980 ("the 1980 Act")".

(2) In subsection (5)(e) of that section, for the words "paragraph 3(2)(a)" there shall be substituted the words "sub-paragraphs (2)(a) and (2A) of paragraph 3".

(3) In subsection (8) of that section--

(a) in paragraph (a), the words "to revoke the order and deal with an offender for the offence in respect of which the order was made" shall cease to have effect; and

(b) in paragraph (b), for the words "paragraph 3(2)(a)" there shall be substituted the words "sub-paragraphs (2)(a) and (2A) of paragraph 3".

133 In section 54 of the 1997 Act (general interpretation), subsection (2) shall cease to have effect.

134 Subsection (5)(b) of section 57 of the 1997 Act (short title, commencement and extent) shall have effect as if the reference to the Channel Islands included a reference to the Isle of Man.

135 (1) Schedule 1 to the 1997 Act (transfer of prisoners within the British Islands) shall be amended as follows.

(2) In sub-paragraph (3) of paragraph 6--

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

" (aa) in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under section 76(6)(b) of the Crime and Disorder Act 1998; " ; and

(b) in paragraph (b), for the words "recalled to prison under the licence" there shall be substituted the words "recalled or returned to prison".

(3) In paragraph 8--

(a) in sub-paragraph (2), for the words from "sections 10" to "27 of this Act" there shall be substituted the words "sections 33 to 39, 41 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the Crime and Disorder Act 1998";

(b) in sub-paragraph (4), for the words from "sections 16" to "27 of this Act" there shall be substituted the words "sections 37 to 39, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the Crime and Disorder Act 1998";

(c) in sub-paragraph (5), after the words "Any provision of" there shall be inserted the words "Part II of the 1991 Act or"; and

(d) after sub-paragraph (5) there shall be inserted the following sub-paragraphs--

" (6) Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if 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.

(7) Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders institution. "

(4) In paragraph 9--

(a) in sub-paragraph (1), paragraph (a) and, in paragraph (b), the words "to that and" shall cease to have effect;

(b) in sub-paragraph (2), for the words from "sections 10" to "27 of this Act" there shall be substituted the words "sections 33 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the Crime and Disorder Act 1998";

(c) in sub-paragraph (4), for the words from "section 16" to "27 of this Act" there shall be substituted the words "sections 37 to 40A, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the Crime and Disorder Act 1998";

(d) sub-paragraph (5) shall cease to have effect;

(e) in sub-paragraph (6), after the words "Any provision of" there shall be inserted the words "Part II of the 1991 Act or"; and

(f) after sub-paragraph (6) there shall be inserted the following sub-paragraphs--

" (7) Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if 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.

(8) Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (1), (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders centre. "

(5) In paragraph 10--

(a) in sub-paragraph (2)(a)--

(i) for the words from "sections" to ""1997 Act")" there shall be substituted the words "sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 ("the 1993 Act")"; and

(ii) after the word "3," there shall be inserted words "6(1)(b)(i) and (iii)";

(b) in sub-paragraph (2)(b), for the words "sub-paragraphs (3) and (4)" there shall be substituted the words "sub-paragraph (3)";

(d) in sub-paragraph (5)(a), for the words from "sections 15" to "37 of the 1997 Act" there shall be substituted the words "sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act";

(e) for sub-paragraph (6)(b) there shall be substituted the following sub-paragraph--

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

(f) for sub-paragraph (7) there shall be substituted the following sub-paragraph--

" (7) Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department. "

(6) In paragraph 11--

(a) in sub-paragraph (2)(a)--

(ii) after the word "3," there shall be inserted the words "6(1)(b)(i) and (iii),";

(b) in sub-paragraph (4)(a), for the words from "sections 15" to "37 of the 1997 Act" there shall be substituted the words "sections 1A, 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act";

(c) in sub-paragraph (5), for the words "Sub-paragraph (5)" there shall be substituted the words "Sub-paragraph (6)"; and

(d) in sub-paragraph (6), the words "or Part III of the 1997 Act" shall cease to have effect and, in the Table, for the entry relating to the expression "young offenders institution" there shall be substituted the following entry--

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

Probation Officer appointed by the Probation Board for Northern Ireland " .

(7) In sub-paragraph (5) of paragraph 12, in the Table, the entry relating to the expression "Prison rules" shall cease to have effect.

(8) In sub-paragraph (5) of paragraph 13, in the Table, the entry relating to the expression "Prison rules" shall cease to have effect.

(9) In sub-paragraph (1)(a) of paragraph 17 (prisoners unlawfully at large), after the words "section 49(1)" there shall be inserted the words "and (5)".

(10) In sub-paragraph (1) of paragraph 20, in the definition of "supervision", after the word "purpose" there shall be inserted the words "or a detention and training order".

136 In Schedule 2 to the 1997 Act (repatriation of prisoners to the British Islands), paragraphs 4 and 8 are hereby repealed.

137 In Schedule 4 to the 1997 Act (minor and consequential amendments), the following provisions are hereby repealed, namely--

(a) in paragraph 6, sub-paragraph (1)(b);

(b) paragraphs 9 and 11; and

138 (1) In Schedule 5 to the 1997 Act (transitional provisions and savings), paragraphs 1 to 4 and 6 are hereby repealed and the following provisions shall cease to have effect, namely--

(a) paragraph 5(2);

(b) paragraphs 8, 9(1) and 10(1);

(c) in paragraph 11, sub-paragraph (1), in sub-paragraph (2)(c), the words "or Part III of the 1997 Act" and, in sub-paragraph (3), the words from the beginning to "1995; and"; and

(d) in paragraph 12, sub-paragraph (1) and, in sub-paragraph (2)(c), the words "or Part III of the 1997 Act".

(2) In paragraph 11(2) of that Schedule--

(a) in paragraph (a)--

(i) for the words from "sections 15" to "1997 Act" there shall be substituted the words "sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 ("the 1993 Act")"; and

(ii) for the words "the 1989 Act" there shall be substituted the [1989 c. 45.] words "the Prisons (Scotland) Act 1989 ("the 1989 Act")"; and

(b) in paragraph (b), for the words from "sections 15" to "1997 Act" there shall be substituted the words "sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act".

(3) In paragraph 12(2) of that Schedule--

(a) in paragraph (a)--

(ii) for the words "the 1989 Act" there shall be substituted the [1989 c. 45.] words "the Prisons (Scotland) Act 1989 ("the 1989 Act")"; and

139 In Schedule 6 to the 1997 Act (repeals), the entries relating to sections 33 to 51 and 65 of the 1991 Act are hereby repealed.

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

140 Section 4 of the Crime and Punishment (Scotland) Act 1997 (supervised release orders) is hereby repealed.

141 (1) In Schedule 1 to that Act (minor and consequential amendments), the following provisions are hereby repealed, namely--

(a) paragraphs 1, 9(7), 10(2)(a), 13(3) and 21(3); and

(b) in paragraph 14, sub-paragraphs (2)(a), (3)(e), (4) to (7), (9), (10)(a), (11)(b), (12), (13) to (15) and (17).

(2) In paragraph 14 of that Schedule, for sub-paragraph (16) there shall be substituted the following sub-paragraph--

" (16) In section 27(1) (interpretation), in the definition of "supervised release order" the words "(as inserted by section 14 of this Act)" shall cease to have effect. "

142 Schedule 2 to that Act (transitional provisions) is hereby repealed.

143 (1) Schedule 3 to that Act (repeals) shall be amended in accordance with this paragraph.

(2) In the entry relating to the Prisons (Scotland) Act 1989, in the third column, the words "In section 39, subsection (7)" are hereby repealed.

(3) In the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993--

(a) the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, and Schedule 1;

(b) in the words relating to section 14, the words "and in subsection (4), the words "short-term"";

(i) the words "the definitions of "short term prisoner" and "long-term prisoner" and";

(ii) in the words relating to the definition of "supervised release order" the words "and the words from "but" to the end"; and

(d) the words relating to section 27(2), (3), (5) and (6),

are hereby repealed.

(4) In the entry relating to the Criminal Procedure (Scotland) Act 1995, in the third column, the words relating to section 44 are hereby repealed.

Sex Offenders Act 1997 (c. 51)

144 In subsection (1)(a) of section 4 of the Sex Offenders Act 1997 (young sex offenders), after the word "under" there shall be inserted the words "a detention and training order or".

Section 120(1).

SCHEDULE 9 Transitional provisions and savings

Presumption of incapacity

1 Nothing in section 34 of this Act shall apply in relation to anything done before the commencement of that section.

Effect of child's silence at trial

2 Nothing in section 35 of this Act shall apply where the offence was committed before the commencement of that section.

Sexual or violent offenders: extended sentences

3 Section 58 of this Act does not apply where the sexual or violent offence was committed before the commencement of that section.

Drug treatment and testing orders

4 Section 61 of this Act does not apply in relation to an offence committed before the commencement of that section.

Young offenders: cautions

5 (1) Any caution given to a child or young person before the commencement of section 65 of this Act shall be treated for the purposes of subsections (2) and (4) of that section as a reprimand.

(2) Any second or subsequent caution so given shall be treated for the purposes of paragraphs (a) and (b) of subsection (3) of that section as a warning.

Abolition of secure training orders

6 In relation to any time before the commencement of subsection (7) of section 73 of this Act, section 9A of the 1997 Act shall have effect as if after subsection (1) there were inserted the following subsection--

" (1A) Section 9 above applies to periods of detention which offenders are liable to serve under secure training orders as it applies to sentences of imprisonment. "

Sentencing guidelines

7 (1) Section 80 of this Act does not apply by virtue of subsection (1)(a) of that section in any case where the Court is seised of the appeal before the commencement of that section.

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