Crime and Disorder Act 1998 (c. 37)

(The document as of February, 2008)

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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.

(2) In this paragraph "the Court" and "seised" have the same meanings as in that section.

Confiscation orders on committal for sentence

8 Section 83 of this Act does not apply where the offence was committed before the commencement of that section.

Football spectators: failure to comply with reporting duty

9 Section 84 of this Act does not apply where the offence was committed before the commencement of that section.

Power to release short-term prisoners on licence

10 (1) Section 99 of this Act does not apply in relation to a prisoner who, immediately before the commencement of that section, has served one or more days more than the requisite period for the term of his sentence.

(2) In this paragraph "the requisite period" has the same meaning as in section 34A of the 1991 Act (which is inserted by section 99 of this Act).

Early release: two or more sentences

11 (1) Where the terms of two or more sentences passed before the commencement of section 101 of this Act have been treated, by virtue of section 51(2) of the 1991 Act, as a single term for the purposes of Part II of that Act, they shall continue to be so treated after that commencement.

(2) Subject to sub-paragraph (1) above, section 101 of this Act applies where one or more of the sentences concerned were passed after that commencement.

Recall to prison of short-term prisoners

12 (1) Sub-paragraphs (2) to (7) below have effect in relation to any prisoner whose sentence, or any part of whose sentence, was imposed for an offence committed before the commencement of section 103 of this Act.

(2) The following provisions of this Act do not apply, namely--

(a) section 103;

(b) paragraphs 83(1)(b) and 88(3)(a) of Schedule 8 to this Act and section 119 so far as relating to those paragraphs; and

(c) section 120(2) and Schedule 10 so far as relating to the repeal of section 38 of the 1991 Act and the repeals in sections 37(1) and 45(4) of that Act.

(3) Section 33 of the 1991 Act has effect as if, in subsection (3)(b) (as amended by paragraph 80(1) of Schedule 8 to this Act), for the words "section 39(1) or (2)" there were substituted the words "section 38(2) or 39(1) or (2)".

(4) Section 33A of the 1991 Act (as inserted by paragraph 81 of Schedule 8 to this Act) has effect as if--

(a) in subsection (1), for the words "section 38A(1) or 39(1) or (2)" there were substituted the words "section 38(2) or 38A(1)"; and

(b) in subsection (3), for the words "section 39(1) or (2)", in both places where they occur, there were substituted the words "section 38(2)".

(5) Section 34A of the 1991 Act (as inserted by section 99 of this Act) has effect as if, in subsection (2)(g), for the words "section 39(1) or (2)" there were substituted the words "section 38(2)".

(6) Section 40A of the 1991 Act (as inserted by section 105 of this Act) has effect as if, in subsection (1), for the word "39" there were substituted the word "38".

(7) Section 44 of the 1991 Act (as substituted by section 59 of this Act) has effect as if--

(a) in subsections (3) and (4), after the words "subject to" there were inserted the words "any suspension under section 38(2) above or, as the case may be,"; and

(b) in subsection (7), for the words "sections 37(5) and 39(1) and (2)" there were substituted the words "section 37(5), 38(2) and 39(1) and (2)".

(8) Section 45 of the 1991 Act has effect as if, in subsection (3) (as amended by paragraph 88(2) of Schedule 8 to this Act), for the words "section 39(1) or (2)" there were substituted the words "section 38(2) or 39(1) or (2)".

(9) For the purposes of this paragraph and paragraph 13 below, consecutive sentences, or sentences that are wholly or partly concurrent, shall be treated as parts of a single sentence.

Release on licence following recall to prison

13 Section 104 of this Act does not apply in relation to a prisoner whose sentence, or any part of whose sentence, was imposed for an offence committed before the commencement of that section.

Release on licence following return to prison

14 (1) Section 105 of this Act does not apply where the new offence was committed before the commencement of that section.

(2) In this paragraph "the new offence" has the same meaning as in section 40 of the 1991 Act.

Remand time: two or more sentences

15 (1) Where the terms of two or more sentences passed before the commencement of paragraph 11 of Schedule 8 to this Act have been treated, by virtue of section 104(2) of the [1967 c. 80.] Criminal Justice Act 1967, as a single term for the purposes of section 67 of that Act, they shall continue to be so treated after that commencement.

(2) Subject to sub-paragraph (1) above, paragraph 11 of Schedule 8 to this Act applies where one or more of the sentences concerned were passed after that commencement.

Section 120(2).

SCHEDULE 10 Repeals

Chapter	Short title	Extent of repeal
30 Geo 3 c.48.	Treason Act 1790.	The whole Act.
36 Geo 3 c.7.	Treason Act 1795.	The whole Act.
36 Geo 3 c.31.	Treason by Women Act (Ireland) 1796.	The whole Act.
57 Geo 3 c.6.	Treason Act 1817.	The whole Act.
11 & 12 Vict c.12.	Treason Felony Act 1848.	Section 2.
21 & 22 Geo 5 c.24.	Sentence of Death (Expectant Mothers) Act 1931.	The whole Act.
23 Geo 5 c.12.	Children and Young Persons Act 1933.	In section 47(2), the words from the beginning to "court; and".
		In Schedule 2, in paragraph 15(a), the word "shall", in the second place where it occurs, and, in paragraph 17, the words "or, if a metropolitan stipendiary magistrate, may sit alone".
1945 c. 15 (N.I.).	Criminal Justice Act (Northern Ireland) 1945.	Sections 32 and 33.
1967 c. 80.	Criminal Justice Act 1967.	In section 56, subsections (3), (6) and (13).
		Section 67(5)(c).
1968 c. 19.	Criminal Appeal Act 1968.	In section 10(2), the words "(other than a supervision order within the meaning of that Part)".
1969 c. 54.	Children and Young Persons Act 1969.	Section 12D.
		Section 13(2).
		In section 16, subsection (10) and, in subsection (11), the words "seventeen or".
		Section 23(14)(a).
		In section 34, in subsection (1), paragraph (a) and, in paragraph (c), the words
		Section 69(5).
		In Schedule 6, the entries relating to sections 55, 56(1) and 59(1) of the Children and Young Persons Act 1933.
1972 c. 71.	Criminal Justice Act 1972.	Section 49.
1973 c. 62.	Powers of Criminal Courts Act 1973.	In section 1, in subsections (8)(b) and (8A) the words "37 or".
		Section 1B(10).
		In section 1C(1), paragraph (b) and the word "and" immediately preceding it.
		In section 2(1), the words "by a probation officer" and the words from "For the purposes" to "available evidence".
		Section 11.
		Section 14(8).
		In section 31, in subsection (3A), the words "Subject to subsections (3B) and (3C) below,", subsections (3B) and (3C), in subsection (4), the words "4 or" and, in subsection (6), the words "about committal by a magistrates' court to the Crown Court".
		Section 32(5).
		Section 42(2).
		In Schedule 1A, paragraph 6(7).
		In Schedule 5, paragraph 35.
1976 c. 63.	Bail Act 1976.	In section 3(5), the words "If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody".
1980 c. 43.	Magistrates' Courts Act 1980.	Section 37.
		In sections 38(2) and 38A(2), t (a), the words "revoke it and" and, in subsection (5), the words "revoke the attendance centre order and".
		Section 66(3).
		In Schedule 14, paragraph 28.
1987 c. 42.	Family Law Reform Act 1987.	Section 8(1).
		In Schedule 2, paragraph 26.
1988 c. 33.	Criminal Justice Act 1988.	Section 69(2).
		In Schedule 15, paragraph 40.
1989 c. 45.	Prisons (Scotland) Act 1989.	In section 39(7), the words from "and the foregoing" to the end.
1991 c. 53.	Criminal Justice Act 1991.	In section 6(4), the word "and" immediately following paragraph (e).
		In section 31(1), in the definition of "custodial sentence", in paragraph (b), the words "or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994".
		Section 33(4).
		In section 37, in subsection (1), the words "any suspension under section 38(2) below or, as the case may be," and, in subsection (4), the words "(which shall include on his release conditions as to his supervision by a probation officer)".
		Section 38.
		In section 45(4), the words "any suspension under section 38(2) below; or".
		In section 61(1), paragraph (b) and the word "or" immediately preceding that paragraph.
		Section 62.
		In Schedule 2, in paragraphs 3(1)(d) and 4(1)(d), the words "revoke the order and" and, in paragraph 17(1), the words from "and the court" to the end.
		In Schedule 11, paragraphs 10, 11 and 14.
		In Schedule 12, paragraph 17(3).
1993 c. 9.	Prisoners and Criminal Proceedings (Scotland) Act 1993.	Section 11(3)(b) and (4).
		Section 14(2) and (3).
		Section 16(7)(b).
		In paragraph 6B(1) of Schedule 6, the word "and" after head (a).
1993 c. 47.	Probation Service Act 1993.	Section 17(5A).
1994 c. 33.	Criminal Justice and Public Order Act 1994.	Sections 1 to 4.
		Section 20.
		In section 35, in subsection (1), the words "who has attained the age of fourteen years" and subsection (6).
		Section 130(4).
		In Schedule 10, paragraph 42.
1994 c. 37.	Drug Trafficking Act 1994.	Section 2(7)(a).
1995 c. 46.	Criminal Procedure (Scotland) Act 1995.	Section 118(4A)(c)(iii).
		In section 175(5C), the words "paragraph (a) of".
		In section 209(1), the words "not less than twelve months but".
1997 c. 43.	Crime (Sentences) Act 1997.	Section 1.
		Section 8.
		Sections 10 to 27.
		In section 31(2), the words "(which shall include on his release conditions as to his supervision by a probation officer)".
		In section 35, in subsection (5), paragraph (c) and the word "and" at the end of paragraph (d), and in subsection (8), 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" and the word "and" at the end of tha paragraph (3), the words from the beginning to "1995; and", and in paragraph 12, sub-paragraph (1) and, in sub-paragraph (2)(c), the words "or Part III of the 1997 Act".
		In Schedule 6, the entries relating to sections 33 to 51 and 65 of the Criminal Justice Act 1991.
1997 c. 48.	Crime and Punishment (Scotland) Act 1997.	Section 4.
		Chapter I of Part III.
		In Schedule 1, paragraph 1, paragraph 9(7), paragraph 10(2)(a), paragraph 13(3), in paragraph 14, sub-paragraphs (2)(a), (3)(e), (4) to (7), (9), (10)(a), (11)(b), (12), (13) to (15) and (17), and paragraph 21(3).
		Schedule 2.
		In Schedule 3, in the entry relating to the Prisons (Scotland) Act 1989, the words "In section 39, subsection (7)", in the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993, the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, 27(2), (3), (5) and (6) and Schedule 1, in the words relating to section 14, the words "and, in subsection (4), the words "short-term"", in the words relating to section 27(1), the words "the definitions of "short term prisoner" and "long-term prisoner" and" and "and the words from "but" to the end" and, in the entry relating to the Criminal Procedure (Scotland) Act 1995, the words relating to section 44.
1997 c. 50.	Police Act 1997.	In section 94(4), the word "and" immediately preceding paragraph (c).

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