Legalize / United Kingdom / Public General Act

Crime (Sentences) Act 1997

Type Public General Act

Publication 1997-03-21

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I

Conditions relating to mandatory and minimum custodial sentences

1

Mandatory life sentence for second serious offence

2

(1) This section applies where—

(a) a person is convicted of a serious offence committed after the commencement of this section; and

(b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence.

(2) The court shall impose a life sentence, that is to say—

(a) where the person is 21 or over, a sentence of imprisonment for life;

(b) where he is under 21, a sentence of custody for life under section 8(2) of the Criminal Justice Act 1982 (“the 1982 Act”),

unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so.

(3) Where the court does not impose a life sentence, it shall state in open court that it is of that opinion and what the exceptional circumstances are.

(4) An offence the sentence for which is imposed under subsection (2) above shall not be regarded as an offence the sentence for which is fixed by law.

(5) An offence committed in England and Wales is a serious offence for the purposes of this section if it is any of the following, namely—

(a) an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;

(b) an offence under section 4 of the Offences Against the Person Act 1861 (soliciting murder);

(d) an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);

(e) rape or an attempt to commit rape;

(f) an offence under section 5 of the Sexual Offences Act 1956 (intercourse with a girl under 13);

(g) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of the Firearms Act 1968; and

(h) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Act.

(6) An offence committed in Scotland is a serious offence for the purposes of this section if the conviction for it was obtained on indictment in the High Court of Justiciary and it is any of the following, namely—

(a) culpable homicide;

(b) attempted murder, incitement to commit murder or conspiracy to commit murder;

(d) clandestine injury to women or an attempt to cause such injury;

(e) sodomy, or an attempt to commit sodomy, where the complainer, that is to say, the person against whom the offence was committed, did not consent;

(f) assault where the assault—

(i) is aggravated because it was carried out to the victim’s severe injury or the danger of the victim’s life; or

(ii) was carried out with an intention to rape or to ravish the victim;

(g) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of the Firearms Act 1968;

(h) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of that Act;

(i) lewd, libidinous or indecent behaviour or practices; and

(j) an offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under 13).

(7) An offence committed in Northern Ireland is a serious offence for the purposes of this section if it is any of the following, namely—

(a) an offence falling within any of paragraphs (a) to (e) of subsection (5) above;

(b) an offence under section 4 of the Criminal Law Amendment Act 1885 (intercourse with a girl under 14);

(c) an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the Firearms (Northern Ireland) Order 1981; and

(d) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.

Minimum of seven years for third class A drug trafficking offence

3

(1) This section applies where—

(a) a person is convicted of a class A drug trafficking offence committed after the commencement of this section;

(b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and

(2) The court shall impose a custodial sentence for a term of at least seven years except where the court is of the opinion that there are particular circumstances which—

(a) relate to any of the offences or to the offender; and

(b) would make it unjust to do so in all the circumstances.

(3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are.

(4) Where—

(a) a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way); and

(b) the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,

the offence shall be triable only on indictment.

(5) In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—

“class A drug” has the same meaning as in the Misuse of Drugs Act 1971;

“drug trafficking offence” means a drug trafficking offence within the meaning of the Drug Trafficking Act 1994, the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996.

(6) In this section and section 4 below “custodial sentence” means—

(a) in relation to a person who is 21 or over, a sentence of imprisonment;

(b) in relation to a person who is under 21, a sentence of detention in a young offender institution.

Minimum of three years for third domestic burglary

4

(1) This section applies where—

(a) a person is convicted of a domestic burglary committed after the commencement of this section;

(b) at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and

(c) one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after the commencement of this section.

(2) The court shall impose a custodial sentence for a term of at least three years except where the court is of the opinion that there are particular circumstances which—

(a) relate to any of the offences or to the offender; and

(b) would make it unjust to do so in all the circumstances.

(3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are.

(4) Where—

(a) a person is charged with a domestic burglary which, apart from this subsection, would be triable either way; and

(b) the circumstances are such that, if he were convicted of the burglary, he could be sentenced for it under subsection (2) above,

the burglary shall be triable only on indictment.

(5) In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

Appeals where previous convictions set aside

5

(1) This section applies where—

(a) a sentence has been imposed on any person under subsection (2) of section 2, 3 or 4 above; and

(b) any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal.

(2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.

Certificates of convictions for purposes of Part I

6

(1) Where—

(a) on any date after the commencement of this section a person is convicted in England and Wales of a serious offence, a class A drug trafficking offence or a domestic burglary; and

(b) the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and

the certificate shall be evidence, for the purposes of the relevant section, that he was convicted of such an offence on that date.

(2) Where—

(a) after the commencement of this section a person is convicted in England and Wales of a class A drug trafficking offence or a domestic burglary; and

(b) the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and

the certificate shall be evidence, for the purposes of the relevant section, that the offence was committed on that day or over, or at some time during, that period.

(3) In this section—

“serious offence”, “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 2, 3 and 4 respectively; and

“the relevant section”, in relation to any such offence, shall be construed accordingly.

Offences under service law

7

(1) Where—

(a) a person has at any time been convicted of an offence under section 70 of the Army Act 1955 or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957; and

(b) the corresponding civil offence (within the meaning of that Act) was a serious offence, a class A drug trafficking offence or a domestic burglary,

the relevant section shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence.

(2) Subsection (3) of section 6 above applies for the purposes of this section as it applies for the purposes of that section.

Part II — Effect of custodial sentences

Chapter I — Determinate sentences

General

Time to be served

8

Crediting of periods of remand in custody

9

Early release

Early release on compassionate grounds

10

Award of early release days for good behaviour

11

Early release on Parole Board recommendation

12

Provisional early release days for remand prisoners

13

Additional days

Award of additional days for disciplinary offences

14

Provisional additional days for remand prisoners

15

Supervision after release

Release supervision orders

16

Breach of conditions of release supervision order

17

Powers of arrest and search warrants

18

Special cases

Young offenders

19

Sexual offenders

20

Violent offenders

21

Mentally disordered offenders

22

Fine defaulters and contemnors

23

Persons liable to removal from the United Kingdom

24

Persons extradited to the United Kingdom

25

Supplemental

Continuity of sentencing

26

Interpretation of Chapter I

27

Chapter II — Life sentences

Release on licence

Duty to release certain life prisoners

28

(1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to—

(a) the part of the sentence specified in the minimum term order, or

(b) in a case where one or more reduction orders has been made in relation to the prisoner (see section 27B), the part of the sentence specified in the most recent of those orders.

(1B) But if a life prisoner is serving two or more life sentences—

(a) this section does not apply to him unless a minimum term order has been made in respect of each of those sentences; and

(b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.

(5) As soon as—

(a) a life prisoner to whom this section applies has served the relevant part of his sentence; and

(b) the Parole Board has directed his release under this section,

it shall be the duty of the Secretary of State to release him on licence.

(6) The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies unless—

(a) the Secretary of State has referred the prisoner’s case to the Board; and

(b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6A) Sections 28A and 28B contain provision that relates to the Parole Board's function of giving directions under subsection (5) for the release of life prisoners.

(7) A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board at any time—

(a) after he has served the relevant part of his sentence; and

(b) where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; ...

and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.

(8) In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the Prison Act 1952.

(8A) In this section “minimum term order” means an order under—

(a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

(b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence) , or

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to release other life prisoners

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to release life prisoners on compassionate grounds

30

(1) The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

(2) Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.

Licences and recall

Duration and conditions of licences

31

(1) Where a life prisoner , other than a prisoner to whom section 31A below applies, is released on licence, the licence shall, unless previously revoked under section 32 ... below, remain in force until his death.

(1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—

(a) it is previously revoked under section 32(1) or (2) below

(b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below; or

(2) A life prisoner subject to a licence shall comply with such conditions ... as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

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

(a) an officer of a local probation board appointed for or assigned to the local justice area within which the prisoner resides for the time being or (as the case may be) an officer of a provider of probation services acting in the local justice 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 ... 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) The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except—

(a) in accordance with recommendations of the Parole Board,

(aa) in accordance with subsection (3A),

(ab) in accordance with subsection (3B), or

(b) where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).

(3A) The Secretary of State may include a condition in a life prisoner's licence on release under section 32ZZA.

(3B) Where the High Court gives a direction under section 32ZAC(2) as to the conditions to be included in a life prisoner’s licence on release, the Secretary of State—

(a) must include the conditions in the prisoner’s licence on release;

(b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power to make rules 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.

(6) In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by section 259 of the Criminal Justice Act 2003), subsection (2) above shall have effect as if subsection (2A) above were omitted.

Recall of life prisoners while on licence

32

(1) The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(1A) Subsection (1) does not apply in relation to a prisoner in respect of whom the Secretary of State is required to make an order under section 31A(2) or (4H) that the licence is to cease to have effect.

(3) A life prisoner recalled to prison under this section—

(a) may make representations in writing with respect to his recall; and

(b) on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

(4) The Secretary of State shall refer to the Parole Board the case of a life prisoner recalled under this section.

(5) Where on a reference under subsection (4) above the Parole Board directs the ... release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.

(5A) The Board must not give a direction unless satisfied that it is no longer necessary for the protection of the public that the life prisoner should remain in prison.

(5B) Subsection (5C) applies where the Secretary of State releases, under subsection (5) above, a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies.

(5C) The Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under this section.

(5D) The Secretary of State may only make a determination under subsection (5C) if the Secretary of State considers that it is in the interests of justice to do so.

(5E) Where the Secretary of State makes a determination under subsection (5C), the Secretary of State must notify the prisoner.

(6) On the revocation of the licence of any life prisoner under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Miscellaneous and supplemental

Life prisoners transferred to England and Wales

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Chapter II

34

(1) In this Chapter “life prisoner” means a person serving one or more life sentences and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003; ...

(2) In this section “life sentence” means any of the following imposed for an offence, whether committed before or after the commencement of this Chapter, namely—

(a) a sentence of imprisonment for life;

(b) a sentence of detention during Her Majesty’s pleasure or for life under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 259 of the Sentencing Code; and

(c) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, under section 272 or 275 of the Sentencing Code (including a sentence passed as a result of section 217 of the Armed Forces Act 2006) or under section 210A of the Armed Forces Act 2006.

(d) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006, ...

(e) a sentence of detention for public protection under section 226 of that Act (including one passed as a result of section 221 of the Armed Forces Act 2006).

(f) a sentence of detention for life under section 209 of the Armed Forces Act 2006;

(g) a sentence under section 218 of that Act (detention at Her Majesty's pleasure).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Miscellaneous and supplemental

Community sentences

Fine defaulters: general

35

(1) Subsection (2) below applies in any case where a magistrates’ court—

(a) has power under Part III of the Magistrates’ Courts Act 1980 (“the 1980 Act”) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court (other than a sum ordered to be paid under section 71 of the Criminal Justice Act 1988 or section 2 of the Drug Trafficking Act 1994 or section 6 of the Proceeds of Crime Act 2002); or

(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.

(2) The magistrates’ court may—

(a) subject to subsections (4) to (6) , (10) and (11) below, make a community service order; or

(b) subject to subsections (7) to (11) below, make a curfew order,

in respect of the person in default instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders).

(3) Where a magistrates’ court has power to make an order under subsection (2)(a) or (b) above, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions, if any, as it thinks just.

(4) Section 46(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders) shall apply for the purposes of subsection (2)(a) above as if for the words from the beginning to “make” there were substituted “Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender”; and—

(a) section 46(3) and (4) of that Act, and

(b) so far as applicable, the following provisions of section 46 of that Act and the other provisions of Part IV of that Act relating to community service orders,

have effect in relation to a community service order made by virtue of this section as they have effect in relation to any community service order made under that Act, subject to the exceptions in subsection (5) below.

(5) The following are the exceptions, namely—

(a) the reference in section 46(3)(a) of that Act to 40 hours shall be construed as a reference to 20 hours;

(b) section 46(8) of that Act shall not apply;

(c) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(d) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(e) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(f) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(g) paragraph 11(2)(b) of that Schedule shall not apply.

(6) In the case of an amount in default which is described in the first column of the following Table, the period of community service specified in an order under subsection (2)(a) above shall not exceed the number of hours set out opposite that amount in the second column of that Table.

Amount	Number of hours
An amount not exceeding £200	40 hours
An amount exceeding £200 but not exceeding £500	60 hours
An amount exceeding £500	100 hours

(7) Section 37(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (curfew orders) shall apply for the purposes of subsection (2)(b) above as if for the words from the beginning to “make” there were substituted “Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender”; and—

(a) section 37(3), (5) to (8) and (10) to (12) of that Act, and

(b) so far as applicable, the other provisions of Part IV of that Act relating to curfew orders,

have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any curfew order made under that Act, subject to the exceptions in subsection (8) below.

(8) The following are the exceptions, namely—

(a) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(b) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(c) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(d) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(e) paragraph 11(2)(b) of that Schedule shall not apply.

(9) In the case of an amount in default which is described in the first column of the following Table, the number of days to which an order under subsection (2)(b) above relates shall not exceed the number of days set out opposite that amount in the second column of that Table.

Amount	Number of days
An amount not exceeding £200	20 days
An amount exceeding £200 but not exceeding £500	30 days
An amount exceeding £500 but not exceeding £1,000	60 days
An amount exceeding £1,000 but not exceeding £2,500	90 days
An amount exceeding £2,500	180 days

(10) A magistrates’ court shall not make an order under subsection (2)(a) or (b) above in respect of a person who is under 16.

(11) A magistrates court shall not make an order under subsection (2)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.

(12) In subsection (11) above “the relevant area” means—

(a) in relation to an order under subsection (2)(a) above, the area proposed to be specified in the order;

(b) in relation to an order under subsection (2)(b) above, the area in which the place proposed to be specified in the order is situated.

(12A) Sections 35 and 36 of the Powers of Criminal Courts (Sentencing) Act 2000 (restrictions and procedural requirements for community sentences) do not apply in relation to an order under subsection (2)(a) or (b) above.

(13) Where an order has been made under subsection (2)(a) or (b) above for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of that sum to any such person, the total number of hours or days to which the order relates shall be reduced proportionately;

and the total number is so reduced if it is reduced by such number of complete hours or days as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.

(14) The Secretary of State may by order direct that subsection (5)(a), (6) or (9) above shall be amended by substituting for any number of hours or days there specified such number of hours or days as may be specified in the order.

(15) The power to make an order under this section shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Fine defaulters under 25

36

Persistent petty offenders

37

38

Driving disqualifications

Offenders

39

Fine defaulters

40

(1) This section applies in any case where a magistrates’ court—

(a) has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court (other than a sum ordered to be paid under section 71 of the Criminal Justice Act 1988 or section 2 of the Drug Trafficking Act 1994 or section 6 of the Proceeds of Crime Act 2002); or

(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.

(2) Subject to subsection (3) below, the magistrates’ court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

(3) A magistrates court shall not make an order under subsection (2) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.

(4) Where an order has been made under subsection (2) above for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of that sum to any such person, the number of weeks or months to which the order relates shall be reduced proportionately;

and the total number is so reduced if it is reduced by such number of complete weeks or months as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.

(5) The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him ....

(7) In this section—

“driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;

Transfer and repatriation of prisoners

Transfer of prisoners within the British Islands

41

Schedule 1 to this Act (which makes provision with respect to the transfer of prisoners within the British Islands) shall have effect.

Repatriation of prisoners to the British Islands

42

Schedule 2 to this Act (which makes provision, including retrospective provision, with respect to prisoners repatriated to the British Islands) shall have effect.

Young offenders

Curfew orders

43

Long term detention

44

Publication of reports

45

(1) After subsection (4) of section 49 of the 1933 Act (restrictions on reports of proceedings in which children or young persons are concerned) there shall be inserted the following subsections—

(4A) If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the requirements of this section in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to— (a) the prosecution or conviction of the offender for the offence; (b) the manner in which he, or his parent or guardian, should be dealt with in respect of the offence; (c) the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence; (d) where an attendance centre order is made in respect of the offence, the enforcement of any rules made under section 16(3) of the Criminal Justice Act 1982; or (e) where a secure training order is so made, the enforcement of any requirements imposed under section 3(7) of the Criminal Justice and Public Order Act 1994. (4B) A court shall not exercise its power under subsection (4A) above without— (a) affording the parties to the proceedings an opportunity to make representations; and (b) taking into account any representations which are duly made.

(2) Subsection (1) above shall not apply where the offence was committed before the commencement of this section.

Mentally disordered offenders

Power to make hospital and limitation directions

46

After section 45 of the 1983 Act there shall be inserted the following sections—

(45A) (1) This section applies where, in the case of a person convicted before the Crown Court of an offence the sentence for which is not fixed by law— (a) the conditions mentioned in subsection (2) below are fulfilled; and (b) except where the offence is one the sentence for which falls to be imposed under section 2 of the Crime (Sentences) Act 1997, the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment (“the relevant sentence”) in respect of the offence. (2) The conditions referred to in subsection (1) above are that the court is satisfied, on the written or oral evidence of two registered medical practitioners— (a) that the offender is suffering from psychopathic disorder; (b) that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and (c) that such treatment is likely to alleviate or prevent a deterioration of his condition. (3) The court may give both of the following directions, namely— (a) a direction that, instead of being removed to and detained in a prison, the offender be removed to and detained in such hospital as may be specified in the direction (in this Act referred to as a “hospital direction”); and (b) a direction that the offender be subject to the special restrictions set out in section 41 above (in this Act referred to as a “limitation direction”). (4) A hospital direction and a limitation direction shall not be given in relation to an offender unless at least one of the medical practitioners whose evidence is taken into account by the court under subsection (2) above has given evidence orally before the court. (5) A hospital direction and a limitation direction shall not be given in relation to an offender unless the court is satisfied on the written or oral evidence of the registered medical practitioner who would be in charge of his treatment, or of some other person representing the managers of the hospital that arrangements have been made— (a) for his admission to that hospital; and (b) for his admission to it within the period of 28 days beginning with the day of the giving of such directions; and the court may, pending his admission within that period, give such directions as it thinks fit for his conveyance to and detention in a place of safety. (6) If within the said period of 28 days it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the hospital direction, he may give instructions for the admission of the patient to such other hospital as appears to be appropriate instead of the hospital so specified. (7) Where such instructions are given— (a) the Secretary of State shall cause the person having the custody of the patient to be informed, and (b) the hospital direction shall have effect as if the hospital specified in the instructions were substituted for the hospital specified in the hospital direction. (8) Section 38(1) and (5) and section 39 above shall have effect as if any reference to the making of a hospital order included a reference to the giving of a hospital direction and a limitation direction. (9) A hospital direction and a limitation direction given in relation to an offender shall have effect not only as regards the relevant sentence but also (so far as applicable) as regards any other sentence of imprisonment imposed on the same or a previous occasion. (10) The Secretary of State may by order provide that this section shall have effect as if the reference in subsection (2) above to psychopathic disorder included a reference to a mental disorder of such other description as may be specified in the order. (11) An order made under this section may— (a) apply generally, or in relation to such classes of offenders or offences as may be specified in the order; (b) provide that any reference in this section to a sentence of imprisonment, or to a prison, shall include a reference to a custodial sentence, or to an institution, of such description as may be so specified; and (c) include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient. (45B) (1) A hospital direction and a limitation direction shall be sufficient authority— (a) for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and (b) for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act. (2) With respect to any person— (a) a hospital direction shall have effect as a transfer direction; and (b) a limitation direction shall have effect as a restriction direction. (3) While a person is subject to a hospital direction and a limitation direction the responsible medical officer shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.

Power to specify hospital units

47

(1) Subject to subsection (2) below, any power to specify a hospital which is conferred by—

(a) section 37 of the 1983 Act (hospital orders);

(b) section 45A of that Act (hospital and limitation directions);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2) In subsection (1) above—

(a) paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);

(b) paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); ...

(3) In this section—

“hospital”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;

“hospital unit” means any part of a hospital which is treated as a separate unit.

(4) A reference in this section to section 37 or 41 of the 1983 Act includes a reference to that section as it applies by virtue of—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964,

(b) section 6 or 14 of the Criminal Appeal Act 1968, or

(c) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).

Offenders conditionally discharged from hospital

48

(1) The 1983 Act and the 1984 Act shall have effect subject to the amendments specified in Schedule 3 to this Act, being amendments making provision with respect to transfers within the British Islands of responsibility for offenders conditionally discharged from hospital.

(2) In this section and that Schedule “the 1984 Act” means the Mental Health (Scotland) Act 1984.

Other amendments of the 1983 Act

49

(1) In subsection (5) of section 38 of the 1983 Act (interim hospital orders), for the words “six months” there shall be substituted the words “ twelve months ”.

(2) In subsection (3) of section 41 of that Act (power of higher courts to restrict discharge from hospital), in paragraph (c)(ii), after the words “section 19 above” there shall be inserted the words “ or in pursuance of subsection (3) of that section ”.

(3) In subsection (1) of section 47 of that Act (removal to hospital of persons serving sentences of imprisonment etc.), the words “(not being a mental nursing home)” shall cease to have effect.

(4) In paragraph 5 of Part II of Schedule 1 to that Act (patients subject to hospital and guardianship orders)—

(a) the word “and” immediately following sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (b) there shall be inserted the words

and (c) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.

Miscellaneous

Disclosure of pre-sentence reports

50

Committals for sentence

51

Increased penalty for offence of indecency with children

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

Financial provisions

53

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

General interpretation

54

(1) In this Act—

“the 1933 Act” means the Children and Young Persons Act 1933;

“the 1969 Act” means the Children and Young Persons Act 1969;

“the 1973 Act” means the Powers of Criminal Courts Act 1973;

“the 1980 Act” means the Magistrates’ Courts Act 1980;

“the 1982 Act” means the Criminal Justice Act 1982;

“the 1983 Act” means the Mental Health Act 1983;

“the 1991 Act” means the Criminal Justice Act 1991.

“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) 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 Act to have been committed on the last of those days.

(4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.

Minor and consequential amendments

55

(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) For the purposes of any of those enactments as so amended—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a sentence falls to be imposed under subsection (3A) of section 70 of the Army Act 1955 or the Air Force Act 1955 or subsection (1A) of section 42 of the Naval Discipline Act 1957 if it is required by that subsection and the court-martial is not of the opinion there mentioned.

Transitional provisions, savings and repeals

56

(1) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

57

(1) This Act may be cited as the Crime (Sentences) Act 1997.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) Without prejudice to the provisions of Schedule 5 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

(5) The following provisions of this Act extend to Scotland, Northern Ireland and the Channel Islands, namely—

(a) section 41 and Schedule 1; and

(b) section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the Criminal Justice Act 1961.

(6) The following provisions of this Act extend to Scotland, namely—

(a) section 45;

(b) paragraphs 1 and 5 to 8 of Schedule 2 and section 42 so far as relating to those paragraphs;

(d) paragraph 16 of Schedule 4 to this Act and section 55 so far as relating to that paragraph; and

(e) paragraphs 9, 11 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

(7) The following provisions of this Act extend to Northern Ireland, namely—

(a) paragraphs 1, 9 and 10 of Schedule 2 and section 42 so far as relating to those paragraphs;

(b) paragraphs 2, 3, 7 and 8 of Schedule 3 and section 48 so far as relating to those paragraphs; and

(8) Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it confers a power on the Court Martial or the Court Martial Appeal Court.

SCHEDULE 1

Part I — Powers of transfer

Transfer of prisoners: general

1

(1) The Secretary of State may, on the application of—

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b) a person serving a sentence of imprisonment in any part of the United Kingdom,

make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.

(2) Where—

(a) a person is remanded in custody in any of the Channel Islands in connection with an offence; or

(b) a person has been sentenced to imprisonment in any of the Channel Islands,

the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there.

(2A) If it appears to the Department of Justice in Northern Ireland or the Secretary of State that—

(a) a person remanded in custody in Northern Ireland in connection with an offence, or

(b) a person serving a sentence of imprisonment in Northern Ireland;

should be transferred to another part of the United Kingdom in the interests of maintaining security or good order in any prison in Northern Ireland, the Department of Justice in Northern Ireland or (as the case may be) the Secretary of State may make an order for his transfer to that other part, there to be remanded in custody pending his trial or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.

(2B) But the Secretary of State may make an order under sub-paragraph (2A) only if—

(a) the Secretary of State is of the view that the transfer is in the interests of national security, or

(b) the Secretary of State’s view that the person should be transferred is arrived at (wholly or partly) on the basis of protected information.

“Protected information” means information the disclosure of which may, in the view of the Secretary of State, be against the interests of national security.

(3) In this paragraph “appropriate institution”—

(a) in relation to a person remanded in custody, means any prison or other institution;

(b) in relation to a person sentenced to imprisonment, means, subject to sub-paragraph (4) below, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the country or island to which he is transferred.

(4) Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.

(5) This paragraph has effect subject to the following modifications—

(a) in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b) in determining the meaning of “appropriate institution” in relation to a person transferred to Northern Ireland from another part of the United Kingdom, any reference in sub-paragraph (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Transfer of prisoners for trial

2

(1) If it appears to the Secretary of State that—

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence; or

(b) a person serving a sentence of imprisonment in any part of the United Kingdom,

should be transferred to another part of the United Kingdom or to any of the Channel Islands for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that other part or that island and for his removal to a prison or other institution there.

(2) If it appears to the Secretary of State that—

(a) a person remanded in custody in any of the Channel Islands in connection with an offence; or

(b) a person serving a sentence of imprisonment in any of the Channel Islands,

should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.

(3) Where a person has been transferred under sub-paragraph (1)(a) or (2)(a) above for the purpose of any proceedings, the Secretary of State may, if that person is not sentenced to imprisonment in those proceedings, make an order for his return to the country or island from which he was transferred under that sub-paragraph.

(4) Where a person has been transferred under sub-paragraph (1)(b) or (2)(b) above for the purpose of any proceedings, the Secretary of State may—

(a) if that person is sentenced to imprisonment in those proceedings, make an order under paragraph 1(1)(b) or (2)(b) above (but without application in that behalf) transferring him back to the country or island from which he was transferred under that sub-paragraph;

(b) if he is not so sentenced, make an order for his return to the said country or island, there to serve the remainder of the sentence referred to in that sub-paragraph.

(5) This paragraph has effect subject to the following modifications—

(a) in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b) in relation to a person who has been transferred from Northern Ireland to another part of the United Kingdom, any reference in sub-paragraph (3) or (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Transfer of prisoners for other judicial purposes

3

(1) If the Secretary of State is satisfied, in the case of—

(a) a person remanded in custody in any part of the United Kingdom in connection with an offence;

(b) a person serving a sentence of imprisonment in any part of the United Kingdom; or

(c) a person not falling within paragraph (a) or (b) above who is detained in a prison in any part of the United Kingdom,

that the attendance of that person at any place in that or any other part of the United Kingdom or in any of the Channel Islands is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(2) If the Secretary of State is satisfied, in the case of—

(a) a person remanded in custody in any of the Channel Islands in connection with an offence;

(b) a person serving a sentence of imprisonment in any of the Islands; or

that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(3) Where any person is directed under this paragraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison or other institution or place in which he is required in accordance with law to be detained.

(4) This paragraph has effect subject to the following modifications—

(a) in relation to the attendance at a place in Northern Ireland or any other part of the United Kingdom of a person who is remanded in custody in, serving a sentence of imprisonment in, or otherwise detained in a prison in, Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b) in relation to a person who is directed by the Department of Justice in Northern Ireland to be taken to any place under this paragraph, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Transfer of supervision of released prisoners

4

(1) The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any part of the United Kingdom, make an order for the transfer of his supervision to another part of the United Kingdom or to any of the Channel Islands, that is to say, an order—

(a) for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country or island; and

(b) for responsibility for his supervision to be transferred to an appropriate person there.

(2) The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any of the Channel Islands, make an order for the transfer of his supervision to any part of the United Kingdom, that is to say, an order—

(a) for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country; and

(b) for responsibility for his supervision to be transferred to an appropriate person there.

(3) In relation to the transfer to another part of the United Kingdom of the supervision of a person undergoing or about to undergo supervision in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Conditions of transfers

5

(1) A transfer under this Part (other than a transfer under paragraph 1(2A)) shall have effect subject to such conditions (if any) as the Secretary of State may think fit to impose.

(2) Subject to sub-paragraph (3) below, a condition imposed under this paragraph may be varied or removed at any time.

(3) Such a condition as is mentioned in paragraph 6(1)(a) below shall not be varied or removed except with the consent of the person to whom the transfer relates.

(4) In relation to a transfer under this Part which is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Part II — Effect of transfers

Preliminary

6

(1) For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule—

(a) is a restricted transfer if it is subject to a condition that the person to whom it relates is to be treated for the relevant purposes as if he were still subject to the provisions applicable for those purposes under the law of the place from which the transfer is made; and

(b) is an unrestricted transfer if it is not so subject.

(2) In this Part of this Schedule “the relevant purposes” means—

(a) in relation to the transfer of a person under paragraph 1(1)(a) or (2)(a) or (2A)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above, the purposes of his remand in custody and, where applicable, the purposes of his detention under and release from any sentence of imprisonment that may be imposed;

(b) in relation to the transfer of a person under paragraph 1(1)(b) or (2)(b) or (2A)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above, the purposes of his detention under and release from his sentence and, where applicable, the purposes of his supervision , possible recall following release and any supervision default order; and

(c) in relation to the transfer of a person’s supervision under paragraph 4(1) or (2) above, the purposes of his supervision , possible recall and any supervision default order.

(3) In this paragraph “recall” means—

(a) in relation to a person who is supervised in pursuance of an order made for the purpose, being sentenced to imprisonment, or being recalled to prison, for a breach of any condition of the order;

(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 242(2)(b) of the Sentencing Code;

(b) in relation to a person who is supervised in pursuance of a condition contained in a licence, being recalled or returned to prison, whether for a breach of any condition of the licence or otherwise.

(c) in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;

(d) in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.

(4) In this Part of this Schedule—

“the 2003 Act” means the Criminal Justice Act 2003;

“supervision default order” has the meaning given in section 268(1) of the 2003 Act;

Restricted transfers: general

7

(1) Where—

(a) a person’s transfer under paragraph 1, 2 or 3 above; or

(b) a transfer under paragraph 4 above of a person’s supervision,

is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred.

(1A) An order for the transfer of a person or a person’s supervision back to the country from which he or it was transferred shall be made by the Department of Justice in Northern Ireland if the transfer of the person or, as the case may be, the transfer of his supervision was the subject of an order or direction made by the Department of Justice.

(2) Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.

(2A) Where a transfer under paragraph 1 or 2 is the subject of an order made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (2) to the Secretary of State must be read as a reference to the Department of Justice.

Restricted transfers from England and Wales to Scotland

8

(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Scotland is a restricted transfer—

(a) regulations made under section 22 of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Scotland is a restricted transfer—

(a) sections 241, 243A to 244A, 246 to 264B , 267A and 267B of , and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa) sections 62 , 64 and 64A of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland; and

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Scotland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—

(a) sections 241 , 249 to 264B, 267A and 267B of , and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa) sections 62 , 64 and 64A of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland; and

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.

(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a relevant officer of such local authority as may be specified in the licence”.

(6) Any provision of sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—

(a) any reference to youth detention accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,

(b) ... any reference to the Secretary of State were a reference to the Scottish Ministers,

(c) any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,

(d) any reference to a youth court were a reference to a sheriff court,

(e) in section 242, any reference to a local justice area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,

(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in section 242(2)(a), for sub-paragraph (ii) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,

(fa) section 242(6) were omitted,

(g) section 242(7) were omitted,

(h) in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) there were substituted—

(1) Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under section 242(4)(b), the court may— (a) issue a citation requiring the offender to appear before it at the time specified in the citation, or (b) issue a warrant for the offender’s arrest.

(i) paragraph 2(3) of Schedule 12 were omitted,

(j) in paragraph 3(11) of that Schedule, the reference to the Crown Court were a reference to the High Court of Justiciary , and

(k) paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.

(7) Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

(8) The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a) as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever is opposite it in the second column of that Table,

(b) with the modifications in sub-paragraph (11), and

(and see also paragraphs 8A, 19A and 19B).

(9) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,

(b) the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and that Schedule, and

(10) The references mentioned in sub-paragraph (8)(a) are—

Reference	Substituted reference
Crown Court	High Court of Justiciary
Justice of the peace	Sheriff court
Local justice area	Local government area within the meaning of the Local Government etc (Scotland) Act 1994
Magistrates' court	Sheriff court
Officer of a provider of probation services	Relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
Summons	Citation
Young offender institution	Young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989

(11) The modifications mentioned in sub-paragraph (8)(b) are—

(a) section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or the Prisoners and Criminal Proceedings (Scotland) Act 1993,

(b) section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “ the Scottish Ministers ”,

(i) sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and

(ii) sub-paragraph (e) were omitted,

(d) paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—

(7A) Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied

(e) paragraph 7 of Schedule 19A to the 2003 Act has effect as if—

(i) in sub-paragraph (1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “ the supervisor may cause an information to be laid before a sheriff court in respect of the person's failure to comply with the requirement ”, and

(ii) sub-paragraphs (2) to (5) were omitted, and

(f) paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order” there were substituted “ imposes any other sentence ”.

(12) The further modifications mentioned in sub-paragraph (8)(c) are that section 247 of the Sentencing Code has effect as if—

(a) in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being, and

(b) after subsection (3) there were inserted—

(3A) Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.

Restricted transfers from England and Wales to Northern Ireland

9

(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject ... to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—

(a) sections 241, 243A to 244A, 246A, 247 to 252 , 254 to 264B , 267A and 267B of , and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa) sections 62 , 64 and 64A of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland; and

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Northern Ireland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—

(a) sections 241, 249 to 252 , 254 to 264B , 267A and 267B of , and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa) sections 62 , 64 and 64A of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland; and

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.

(5A) Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a probation officer.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a) as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever is opposite it in the second column of that Table, and

(b) with the other modifications in sub-paragraph (12).

(10) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256AC, 256D and 256E of the 2003 Act, and

(b) section 247 of the Sentencing Code.

(11) The references mentioned in sub-paragraph (9)(a) are—

Reference	Substituted reference
Crown Court	County court
Justice of the peace	Lay magistrate
Information	Complaint
Local justice area	Petty sessions district
Magistrates' court	Court of summary jurisdiction
Officer of a provider of probation services	Probation officer
Young offender institution	Young offender centre

(12) The other modifications mentioned in sub-paragraph (9)(b) are—

(a) section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—

(i) a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and

(ii) a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),

(b) section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and

(c) subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “ the Department of Justice in Northern Ireland ”.

Restricted transfers from Scotland to England and Wales

10

(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer—

(a) sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the place of the corresponding provisions of the law of England and Wales; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—

(a) sections 1, 1AA, 1AB, 1A, 1B, 3, 3AA, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26ZA, 26A and 27 of, and Schedules 2 and 6 to, the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) or, as the case may require, sections 1(4), 2, 3, 6(1)(b)(i) and (iii) 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in England and Wales.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—

(a) sections 1AA, 1A, 1B, 2(4), 3AA, 3A, 11 to 13, 15 to 21, 26ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

(6) Any reference in—

(a) sub-paragraphs (2) and (5) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;

(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 Criminal Procedure (Scotland) Act 1995.

(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.

Restricted transfers from Scotland to Northern Ireland

11

(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer—

(a) sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Northern Ireland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.

(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to Northern Ireland is a restricted transfer—

(a) sections 1, 1AA, 1AB, 1A, 1B, 3, 3AA , 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 1(4), 2, 3, 6(1)(b)(i) and (iii), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Northern Ireland.

(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4) Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to Northern Ireland is a restricted transfer—

(a) sections 1AA, 1A, 1B, 3AA , 3A, 11 to 13, 15 to 21, 26ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

(5) Sub-paragraph (6) of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

(6) Any provision of Part I of the 1993 Act . . . which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Expression	Substituted expression
Chief social work officer	Chief Officer of a Board or an authorised Health and Social Services (HSS) Trust
Justices for a petty sessions area	Probation Board for Northern Ireland
Officer of a local probation board appointed for or assigned to such petty sessions area or officer of a provider of probation services acting in such local justice area	Probation Officer appointed by the Probation Board for Northern Ireland

Restricted transfers from Northern Ireland to England and Wales

12

(1) Where a person’s transfer under paragraph 1(1)(a) or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.

(2) Where a person’s transfer under paragraph 1(1)(b) or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—

(a) sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of England and Wales;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.