Crime (Sentences) Act 1997

1997 c. 43

An Act to make further provision with respect to the treatment of offenders; and for connected purposes.

Enacted[21st March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

^F1Part I ¶

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2 Mandatory life sentence for second serious offence.¶

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 ^M43Criminal 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 ^M44Person Act 1861 (soliciting murder);

c manslaughter;

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 ^M45Sexual 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 ^M46Firearms 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;

c rape or attempted rape;

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 ^M47Firearms 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 ^M48Criminal 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 ^M49Criminal 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 ^M50Firearms (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.

^I143 Minimum of seven years for third class A drug trafficking offence.¶

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

c one of those other offences was committed after he had been convicted of the other.

^C442 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 ^M51Misuse of Drugs Act 1971;
“drug trafficking offence” means a drug trafficking offence within the meaning of the ^M52Drug Trafficking Act 1994, the ^M53Proceeds of Crime (Scotland) Act 1995 or the ^M54Proceeds 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.

4 Minimum of three years for third domestic burglary.¶

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.

^C452 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.

^I155 Appeals where previous convictions set aside.¶

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 ^M55Criminal 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.

^I166 Certificates of convictions for purposes of Part I.¶

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

c that court subsequently certifies that fact,

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

c that court subsequently certifies that fact,

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.

7 Offences under service law.¶

1 Where—

a a person has at any time been convicted of an offence under section 70 of the ^M56Army Act 1955 or the ^M57Air Force Act 1955 or section 42 of the ^M58Naval 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.

^C9 Part II Effect of custodial sentences¶

Chapter I Determinate sentences¶

General¶

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Early release¶

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Additional days¶

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Supervision after release¶

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Special cases¶

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Supplemental¶

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^C8 Chapter II Life sentences¶

Sentence of detention during Her Majesty’s pleasure: review of minimum term¶

27A Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review¶

1 This section applies to a person who—

a is serving a DHMP sentence, and

b was under the age of 18 when sentenced;

and such a person is referred to in this section as a “relevant young offender”.

2 A relevant young offender may make an application for a minimum term review to the Secretary of State after serving half of the minimum term.

3 An “application for a minimum term review” is an application made by a relevant young offender for a reduction in the minimum term.

^C544 Where a relevant young offender has made an application for a minimum term review under this section, the offender may only make a further such application if—

a the period of 2 years beginning with the day on which the previous application was determined has expired, and

b the offender is under the age of 18 on the day on which the further application is made.

5 Where the Secretary of State receives an application under this section, the Secretary of State must—

a consider the application, and

b unless the Secretary of State forms the view that the application is frivolous or vexatious, refer it to the High Court.

6 Where the Secretary of State decides not to refer the application to the High Court, the Secretary of State must give notice of that decision, and the reasons for it, to the relevant young offender.

7 If the relevant young offender makes representations or provides further evidence in support of the application before the end of the period of 4 weeks beginning with the day on which the notice under subsection (6) is given, the Secretary of State must consider the representations or evidence and—

a if the Secretary of State is no longer of the view mentioned in subsection (5)(b), refer the application to the High Court, or

b give notice to the offender confirming the decision not to refer the application.

8 In this section—

“DHMP sentence” means a sentence of detention during Her Majesty’s pleasure imposed (whether before or after this section comes into force) under a provision listed in column 1 of the table in subsection (9);
“minimum term”, in relation to a person serving a DHMP sentence, means the part of the sentence specified—
1. in the minimum term order made in respect of the sentence, or
2. where one or more reduction orders have been made under section 27B in respect of the sentence, in the most recent of those orders;
“minimum term order”, in relation to a DHMP sentence, means the order made under the provision listed in column 2 of the table in subsection (9) that corresponds to the entry in column 1 that relates to the sentence.

9 The table is as follows—

Provision under which DHMP sentence imposed	Provision under which minimum term order made
Section 259 of the Sentencing Code	Section 322 of the Sentencing Code
Section 90 of the Powers of Criminal Courts (Sentencing) Act 2000	Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 269 of the Criminal Justice Act 2003
Section 218 of the Armed Forces Act 2006	Section 269 of the Criminal Justice Act 2003 or section 322 of the Sentencing Code.

10 For the purposes of subsection (4), an application for a minimum term review is determined—

a when the court makes a reduction order or a decision confirming the minimum term (see section 27B), or

b in a case where the application is not referred to the court, when the Secretary of State gives the relevant young offender notice in relation to the application under subsection (6).

11 There is no right for any person who is serving a DHMP sentence to request a review of the minimum term other than that conferred by this section.

27B Power of High Court to reduce minimum term¶

1 This section applies where the Secretary of State refers an application for a minimum term review made by a relevant young offender under section 27A to the High Court.

2 The court may—

a make a reduction order in relation to relevant young offender, or

b confirm the minimum term in respect of the offender’s DHMP sentence,

and a decision of the court under this subsection is final.

3 A reduction order is an order that the relevant young offender’s minimum term is to be reduced to such part of the offender’s DHMP sentence as the court considers appropriate and is specified in the reduction order.

4 In deciding whether to make a reduction order, the court must, in particular, take into account any evidence—

a that the relevant young offender’s rehabilitation has been exceptional;

b that the continued detention or imprisonment of the offender for the remainder of the minimum term is likely to give rise to a serious risk to the welfare or continued rehabilitation of the offender which cannot be eliminated or mitigated to a significant degree.

5 In this section “DHMP sentence”, “minimum term” and “relevant young offender” have the same meaning as in section 27A.

Release on licence¶

^C1^C4628 Duty to release certain life prisoners.¶

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.

^C21B 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; ^F320...

^F320c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ^M1Prison 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

c subsection (2) of section 321 of the Sentencing Code (life sentence: minimum term order etc).

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^C5728ZA Public protection decisions¶

1 This section applies for the purposes of any public protection decision made by a decision-maker about a life prisoner under a relevant provision of this Chapter.

2 A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

3 The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.

4 In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B to the Criminal Justice Act 2003.

5 When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker—

a the nature and seriousness of the offence in respect of which the relevant sentence was imposed;

b the nature and seriousness of any other offence for which the prisoner has at any time been convicted;

c the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence);

d the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B to the Criminal Justice Act 2003) if no longer confined;

e the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions;

f any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence;

g any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)).

6 When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner.

7 For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed.

8 In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made.

9 This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision.

10 The “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made, are—

a section 28(6)(b), for the purposes of section 28(5);

b section 32(5A), for the purposes of section 32(5);

c subsection (1) of section 32ZAC, for the purposes of that subsection.

11 The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is—

a if the decision is made under section 28(6)(b) or 32(5A), the Parole Board;

b if the decision is made under section 32ZAC(1), the High Court.

12 Subsection (2) has effect in relation to a decision made by the Parole Board under section 32(5A) (recall of life prisoners while on licence) as if for the words “be confined” there were substituted “remain in prison”.

28A Murder or manslaughter: prisoner's non-disclosure of information¶

1 The Parole Board must comply with this section when making a public protection decision about a life prisoner under section 28(6)(b), for the purposes of section 28(5), if—

a the prisoner's life sentence was passed for murder or manslaughter;

b the Parole Board does not know where and how the victim's remains were disposed of; and

c the Parole Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”).

2 When making the public protection decision about the life prisoner, the Parole Board must take into account—

a the prisoner's non-disclosure; and

b the reasons, in the Parole Board's view, for the prisoner's non-disclosure.

3 This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision.

4 In subsection (1)(a)—

a the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020;

b the reference to murder includes—

i murder under the law of Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man, and

ii any offence under the law of any other country or territory that corresponds to murder under the law of England and Wales;

c the reference to manslaughter includes—

i culpable homicide under the law of Scotland,

ii manslaughter under the law of Northern Ireland, any of the Channel Islands or the Isle of Man, and

iii any offence under the law of any other country or territory that corresponds to manslaughter under the law of England and Wales.

5 In this section, in relation to a life prisoner—

“public protection decision” has the meaning given by section 28ZA(2);
“victim” means the victim of the offence for which the prisoner's life sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.

28B Indecent images: prisoner's non-disclosure of information¶

1 The Parole Board must comply with this section when making a public protection decision about a life prisoner under section 28(6)(b), for the purposes of section 28(5), if—

a the prisoner's life sentence was passed for—

i an offence of taking an indecent photograph of a child, or

ii a relevant offence of making an indecent pseudo-photograph of a child;

b the Parole Board does not know the identity of the child who is the subject of the relevant indecent image; and

c the Parole Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Parole Board (“the prisoner's non-disclosure”).

2 When making the public protection decision about the prisoner, the Parole Board must take into account—

a the prisoner's non-disclosure; and

b the reasons, in the Parole Board's view, for the prisoner's non-disclosure.

3 This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision.

4 In subsection (1)(a), the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020.

5 For the purposes of this section, an offence is an “offence of taking an indecent photograph of a child” if it is—

a an offence of taking an indecent photograph of a child under section 1(1)(a) of the Protection of Children Act 1978 (the “England and Wales offence”), or

b an offence of taking an indecent photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence.

6 For the purposes of this section, an offence is a “relevant offence of making an indecent pseudo-photograph of a child” if—

a it is—

i an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child (the “England and Wales offence”), or

ii an offence of making an indecent pseudo-photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence, and

b the Parole Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

7 In this section—

“public protection decision”, in relation to a prisoner, has the meaning given by section 28ZA(2);
“relevant indecent image” means—
1. the photograph to which an offence of taking an indecent photograph of a child relates, or
2. the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.

^F12129 Power to release other life prisoners.¶

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^C330 Power to release life prisoners on compassionate grounds.¶

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¶

^C431 Duration and conditions of licences.¶

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 ^F182... 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 ^F24... 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 ^F170... 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.

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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.

^C56 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.

31A Imprisonment or detention for public protection: termination of licences¶

1 This section applies to a prisoner who—

a is serving one or more preventive sentences, and

b is not serving any other life sentence.

2 Where—

a the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32); and

b the qualifying period has expired,

the Secretary of State must, if directed to do so by the Parole Board, order that the licence is to cease to have effect.

^C533 Where—

a the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32); and

b the qualifying period has expired; ^F336...

^F336c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.

^C55^C514 Where a reference is made under subsection (3) above—

a the Parole Board must direct the Secretary of State to make an order that the licence is to cease to have effect, unless paragraph (b) applies;

b if the Parole Board is satisfied that it is necessary for the protection of the public that the licence should remain in force, it must dismiss the reference.

^F3374A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3374B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3374C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4D The reference under subsection (3) must not be made, and a reference under that subsection must not be determined by the Parole Board under subsection (4), if at the time the reference or determination would otherwise be made the prisoner is in prison having been recalled under section 32.

4E Subsection (4F) applies where—

a but for subsection (4D), a reference of the prisoner’s case would have been made under subsection (3) or determined by the Parole Board under subsection (4),

b the Secretary of State has referred the prisoner’s case to the Parole Board under section 28 or 32, and

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

4F Where this subsection applies—

a the Parole Board must direct the Secretary of State to release the prisoner unconditionally, unless paragraph (b) applies;

b if the Parole Board is satisfied that it is necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventive sentence or sentences, it must not give a direction under paragraph (a).

4G Where the Parole Board gives a direction under subsection (4F)(a)—

a section 28(5) has effect in relation to the prisoner as if for “release him on licence” there were substituted “release the prisoner unconditionally”;

b section 32(5) has effect in relation to the prisoner as if for “give effect to the direction” there were substituted “release the prisoner unconditionally”.

4H Where—

a the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32),

b the qualifying period has expired, and

c the prisoner’s licence has remained in force for a continuous period of two years—

i beginning not before the qualifying period expired, and

ii ending after the coming into force of section 66(3)(d) of the Victims and Prisoners Act 2024,

the Secretary of State must order that the licence is to cease to have effect.

5 In this section—

“preventive sentence” means—
1. 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), or
2. a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);
“the qualifying period”, in relation to a prisoner who has been released on licence (whether or not the prisoner has subsequently been recalled to prison under section 32), means —
1. if the prisoner was not at any time in the period of two years beginning with the date of the prisoner’s release serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over, that two year period;
2. otherwise, the period of three years beginning with the date of the prisoner’s release.

6 The Secretary of State may by regulations made by statutory instrument amend subsection (5) to change the length of the qualifying period for the time being specified in paragraph (a) or (b) of the definition of “the qualifying period”.

7 A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

^C6^C5632 Recall of life prisoners while on licence.¶

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 ^F312... 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.

32ZZA Imprisonment or detention for public protection: powers in relation to release of recalled prisoners¶

1 This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies—

a has been released on licence under this Chapter, and

b is recalled to prison under section 32.

2 The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter.

3 The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison.

4 Where the prisoner is released under subsection (2), 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 section 32.

5 The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so.

6 Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner.

7 In this section, “preventive sentence” means—

a 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), or

b a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006).

32ZA Offence of remaining unlawfully at large after recall¶

1 A person recalled to prison under section 32 commits an offence if the person—

a has been notified of the recall orally or in writing, and

b while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

2 A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

a written notice of the recall has been delivered to an appropriate address, and

b a period specified in the notice has elapsed.

3 In subsection (2) “an appropriate address” means—

a an address at which, under the person's licence, the person is permitted to reside or stay, or

b an address nominated, in accordance with the person's licence, for the purposes of this section.

4 A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

a the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

b the person has failed to comply with such an instruction, and

c the person has not complied with such an instruction for at least 6 months.

5 A person who is guilty of an offence under this section is liable—

a on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

b on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

6 In relation to an offence committed before 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

7 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Referral of release decisions to High Court¶

32ZAA Referral of release decisions to High Court¶

1 This section applies where—

a a prisoner is serving a life sentence imposed in respect of an offence specified or described in section 32ZAB, and

b the Parole Board directs the prisoner’s release under section 28(5) or 32(5).

2 The Secretary of State may direct the Parole Board to refer the prisoner’s case to the High Court if the Secretary of State considers that—

a the release of the prisoner would be likely to undermine public confidence in the parole system, and

b if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 32ZAC(1)).

3 The requirement for the Secretary of State to give effect to the Parole Board’s direction to release the prisoner is suspended—

a during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Parole Board to refer the prisoner’s case to the High Court under this section, and

b if the Secretary of State gives such a direction, pending determination of the reference under section 32ZAC(1).

4 Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it.

5 This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.

6 But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.

32ZAB Specified offences¶

1 The offences specified or described in this section (for the purposes of section 32ZAA) are—

a murder;

b an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;

c an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);

d an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003;

e an offence under section 1 of the Sexual Offences Act 2003 (rape);

f an offence under section 5 of that Act (rape of a child under 13);

g an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);

h an offence under section 18 of that Act (rape of a young child);

i an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);

j an offence under Article 12 of that Order (rape of a child under 13);

k an offence that—

i is abolished, and

ii would have constituted an offence referred to in paragraphs (a) to (j) if committed on or after the date on which it was abolished.

2 A sentence in respect of a service offence is to be treated for the purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence.

3 In subsection (2)—

a “service offence” means an offence under—

i section 42 of the Armed Forces Act 2006,

ii section 70 of the Army Act 1955 or the Air Force Act 1955, or

iii section 42 of the Naval Discipline Act 1957;

b “corresponding offence” means—

i in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

ii in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

iii in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

32ZAC Powers of the High Court¶

1 On a referral of a prisoner’s case under section 32ZAA, and unless subsection (2B) applies on the referral, the High Court—

a must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner on licence;

b otherwise, must make an order quashing the Parole Board’s direction to release the prisoner on licence.

2 An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release.

2A Subsection (2B) applies on a referral of a prisoner’s case under section 32ZAA if, by virtue of section 31A(4F)(a), the Parole Board has directed the Secretary of State to release the prisoner unconditionally.

2B The High Court—

b otherwise, must make an order quashing the Parole Board’s direction to release the prisoner unconditionally.

3 An order under subsection (1)(b) or (2B)(b) has effect as if the prisoner’s case were disposed of by the Parole Board on the date on which the order was made.

Release at the direction of Parole Board¶

32ZB Release at direction of Parole Board: timing¶

1 This section applies where the Parole Board directs the release of a life prisoner under section 28 or 32 (including where the High Court makes an order under section 32ZAC(1)(a) or (2B)(a) requiring the Secretary of State to give effect to such a direction).

2 The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need where the life prisoner is to be released on licence to make arrangements in connection with any conditions that are to be included in the life prisoner’s licence under this Chapter.

3 The duty under subsection (2) is subject to —

a section 32ZAA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and

b provision made pursuant to section 239(5C)(b) of the Criminal Justice Act 2003 (provision in Parole Board rules in relation to setting aside of release directions).

Persons liable to removal from the United Kingdom¶

32A Removal of prisoners liable to removal from United Kingdom¶

1 Where P—

a is a life prisoner in respect of whom a minimum term order has been made, and

b is liable to removal from the United Kingdom,

the Secretary of State may remove P from prison under this section at any time after P has served the relevant part of the sentence (whether or not the Parole Board has directed P's release under section 28).

2 But if P is serving two or more life sentences—

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

b the Secretary of State may not remove P from prison under this section until P has served the relevant part of each of them.

3 If P is removed from prison under this section—

a P is so removed only for the purpose of enabling the Secretary of State to remove P from the United Kingdom under powers conferred by—

i Schedule 2 or 3 to the Immigration Act 1971, or

ii section 10 of the Immigration and Asylum Act 1999, and

b so long as remaining in the United Kingdom, P remains liable to be detained in pursuance of the sentence.

4 So long as P, having been removed from prison under this section, remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 28 or 30 is exercisable in relation to P as if P were in prison.

5 In this section—

“liable to removal from the United Kingdom” has the meaning given by section 259 of the Criminal Justice Act 2003;
“the relevant part” has the meaning given by section 28.

32B Re-entry into United Kingdom of offender removed from prison¶

1 This section applies if P, having been removed from prison under section 32A, is removed from the United Kingdom.

2 If P enters the United Kingdom—

a P is liable to be detained in pursuance of the sentence from the time of P's entry into the United Kingdom;

b if no direction was given by the Parole Board under subsection (5) of section 28 before P's removal from prison, that section applies to P;

c if such a direction was given before that removal, P is to be treated as if P had been recalled to prison under section 32.

3 A person who is liable to be detained by virtue of subsection (2)(a) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.

4 Subsection (2)(a) does not prevent P's further removal from the United Kingdom.

Miscellaneous and supplemental¶

^F12433 Life prisoners transferred to England and Wales.¶

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

33A Life prisoners also serving fixed-term sentence¶

1 This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender.

2 Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner.

3 Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to—

a refer the prisoner’s case to the Board, or

b release the prisoner.

4 Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3).

5 The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require.

6 In this section “the fixed-term provisions” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.

^C734 Interpretation of Chapter II.¶

^C471 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; ^F28...

^C482 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, ^F192...

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).

^F1943 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Miscellaneous and supplemental¶

Community sentences¶

^I135 Fine defaulters: general.¶

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 ^M2Criminal Justice Act 1988 or section 2 of the ^M3Drug 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.

^F325 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.

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.

^F338 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.

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.

^F3636 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3737 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3838 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Driving disqualifications¶

^F3939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I240 Fine defaulters.¶

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 ^M4Criminal Justice Act 1988 or section 2 of the ^M5Drug 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 ^F261....

7 In this section—

“driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;
^F262...

Transfer and repatriation of prisoners¶

41 Transfer of prisoners within the British Islands.¶

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

42 Repatriation of prisoners to the British Islands.¶

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¶

^F4143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F4244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

45 Publication of reports.¶

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 ^M6Criminal 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 ^M7Criminal 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¶

^C1046 Power to make hospital and limitation directions.¶

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

Hospital and limitation directions

45A Power of higher courts to direct hospital admission.

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 Effect of hospital and limitation directions.

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.

47 Power to specify hospital units.¶

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);

c section 47 of that Act (transfer directions); ^F139...

^F137d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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); ^F140...

^F138c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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).

48 Offenders conditionally discharged from hospital.¶

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 ^M8Mental Health (Scotland) Act 1984.

49 Other amendments of the 1983 Act.¶

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

Miscellaneous¶

^F4350 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F4451 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F12652 Increased penalty for offence of indecency with children.¶

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

Supplemental¶

53 Financial provisions.¶

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.

54 General interpretation.¶

1 In this Act—

“the 1933 Act” means the ^M9Children and Young Persons Act 1933;
“the 1969 Act” means the ^M10Children and Young Persons Act 1969;
“the 1973 Act” means the ^M11Powers of Criminal Courts Act 1973;
“the 1980 Act” means the ^M12Magistrates’ Courts Act 1980;
“the 1982 Act” means the ^M13Criminal Justice Act 1982;
“the 1983 Act” means the ^M14Mental Health Act 1983;
“the 1991 Act” means the ^M15Criminal Justice Act 1991.
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

^F462 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

^I3^E155 Minor and consequential amendments.¶

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—

^F48a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b a sentence falls to be imposed under subsection (3A) of section 70 of the ^M16Army Act 1955 or the ^M17Air Force Act 1955 or subsection (1A) of section 42 of the ^M18Naval Discipline Act 1957 if it is required by that subsection and the court-martial is not of the opinion there mentioned.

^I556 Transitional provisions, savings and repeals.¶

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 ^M22Interpretation Act 1978 (which relate to the effect of repeals).

^I17^I192 The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

^P157 Short title, commencement and extent.¶

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

^C11b section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the ^M23Criminal 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;

c paragraphs 1 and 6 to 10 of Schedule 3 and section 48 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

c paragraphs 10 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.

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.

SCHEDULES

^C39^C40 SCHEDULE 1 ¶

Transfer of prisoners within the British Islands

Section 41.

^C22Part I Powers of transfer¶

Transfer of prisoners: general¶

^C121

^C131 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.

^C134 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¶

^C142

^C151 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.

^C153 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.

^C154 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—

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¶

^C163

^C171 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

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

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.

^C173 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¶

^C184

^C191 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¶

^C205

^C211 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.

Conditions of transfer under paragraph 1(2A)¶

1 A transfer under paragraph 1(2A) shall have effect subject to—

a such a condition as is mentioned in paragraph 6(1)(a); and

b such other conditions (if any) —

i as the Department of Justice in Northern Ireland may think fit to impose, in the case of an order made by the Department, or

ii as the Secretary of State may think fit to impose, in the case of an order made by the Secretary of State.

2 Such a condition as is mentioned in paragraph 6(1)(a) shall not be varied or removed.

3 A condition imposed under sub-paragraph (1)(b) may be varied or removed at any time by the person who imposed it.

^C34 Part II Effect of transfers¶

Preliminary¶

^C236

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;
^F218...
^F218...
“supervision default order” has the meaning given in section 268(1) of the 2003 Act;

Restricted transfers: general¶

^C24^C257

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¶

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 ^M24Prosecution 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.

^C262 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

^F221ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

^C264 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;

^F223ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

^C526 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 ^F279... 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,

^F275ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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—

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

c in a case falling within section 247 of the Sentencing Code, with the further modifications in sub-paragraph (12),

(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

c section 247 of the Sentencing Code.

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

TABLE

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 ”,

c paragraph 2 of Schedule 19A to the 2003 Act has effect as if—

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—

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—

Restricted transfers between England and Wales and Scotland: further provision about supervision default orders¶

1 This paragraph applies if—

a a person's supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or transferred back to England and Wales under paragraph 7 of this Schedule, and

b at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.

2 The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction from which the person is transferring).

3 The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.

4 In this paragraph—

“relevant area” means—
1. in England and Wales, a local justice area, and
2. in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;
“supervision default order” has the meaning given in section 268(1) of the 2003 Act.

Restricted transfers from England and Wales to Northern Ireland¶

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—

^F53a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b subject ^F54... 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.

^C272 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;

^F229ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

^C274 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;

^F231ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

^F2538 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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—

TABLE

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¶

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 ^M25Criminal 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 ^M26Prisoners 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

^C283 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.

^F584 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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 ^M27Criminal Procedure (Scotland) Act 1995.

^C287 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¶

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 ^M28Criminal 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

^C293 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

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.

^C296 Any provision of Part I of the 1993 Act ^F66. . . 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.

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¶

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;

3A Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.

4 Where a transfer under paragraph 4(1) of a person’s supervision 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 his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

5 Any provision of the ^M29Prison Act (Northern Ireland) 1953, the ^M30Treatment of Offenders (Northern Ireland) Order 1976, the ^M31Criminal Justice (Northern Ireland) Order 1996 or the ^M32Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) 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.

Table

Expression	Substituted Expression
Complaint on oath	Information on oath
Court of summary jurisdiction	Magistrates’ court
^F70. . .	^F70. . .

Restricted transfers from Northern Ireland to Scotland¶

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 Scotland 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 Scotland.

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 Scotland is a restricted transfer—

4 Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject 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 Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 , the Life Sentences (Northern Ireland) Order 2001 or the Northern Ireland (Remission of Sentences) Act 1995 or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) 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.

Table

Expression	Substituted Expression
Complaint on oath	Evidence on oath
Court of summary jurisdiction	Sheriff
Crown Court	High Court of Justiciary
^F73. . .	^F73. . .
Probation officer	Relevant officer within the meaning of section 27(1) of the ^M33Prisoners and Criminal Proceedings (Scotland) Act 1993

Restricted transfers between the United Kingdom and the Channel Islands¶

^C3014

1 Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above.

2 An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

3 An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Unrestricted transfers: general¶

^C3115

1 Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred.

2 Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.

^C323 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.

^C324 Where a transfer under paragraph 4(1) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—

a that person 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 the place to which he is transferred; and

b any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.

4A Sub-paragraphs (3) and (4) have effect subject to the following modifications—

a in relation to a person transferred to Northern Ireland, any reference in sub-paragraph (3) above 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 whose supervision has been transferred to Northern Ireland, sub-paragraph (4)(b) above applies as if—

i after “Secretary of State” where it first occurs there were inserted “or the Department of Justice in Northern Ireland”, and

ii after “Secretary of State” where it occurs second there were inserted “or the Department of Justice (as the case may be)”.

4B A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.

4C In sub-paragraph (4B), “the receiving authority” means—

a in relation to a person transferred to Scotland, the Scottish Ministers,

b in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and

c in relation to any other person, the Secretary of State.

^F1495 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers ceasing to be restricted¶

^C3316Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.

Part III Supplemental¶

Prisoners unlawfully at large¶

^C3517

1 The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely—

a section 49(1) and (5) of the ^M34Prison Act 1952;

b section 40(1) of the ^M35Prisons (Scotland) Act 1989; and

c section 38(1) of the ^M36Prison Act (Northern Ireland) 1953,

shall extend throughout the United Kingdom and the Channel Islands.

2 Any reference in those enactments to a constable shall include a reference—

a to a person being a constable under the law of any part of the United Kingdom;

b to a police officer within the meaning of the Police Force (Jersey) Law 1974 or any corresponding law for the time being in force; and

c to an officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force.

3 Those enactments shall also apply to persons who, being unlawfully at large under the law of any of the Channel Islands, are for the time being within the United Kingdom as they apply to persons unlawfully at large under the law of any part of the United Kingdom.

4 Any person arrested in the United Kingdom under those enactments as applied by sub-paragraph (3) above may be taken to the place in the Channel Islands in which he is required in accordance with the law in force there to be detained.

5 Where a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in any part of the United Kingdom is sentenced to imprisonment by a court in another part of the United Kingdom—

a the provisions of Part II of this Schedule relating to the treatment of persons transferred under sub-paragraph (1)(b) of paragraph 1 above shall apply to him, while he remains in that other part of the United Kingdom, as if he had been transferred there under that sub-paragraph immediately before he was so sentenced; and

^C36b the Secretary of State may, if he thinks fit, make an order under that sub-paragraph (but without application in that behalf) transferring him back to the part of the United Kingdom from which he was unlawfully at large.

6 In the following provisions, namely—

a paragraph (a) of the proviso to section 49(2) of the Prison Act 1952 (which in effect enables a person who is unlawfully at large during the currency of his original sentence to count towards that sentence any period during which he is detained in pursuance of a sentence of any court);

b the proviso to section 40(2) of the Prisons (Scotland) Act 1989 (which contains corresponding provisions for Scotland); and

c section 38(3) of the Prison Act (Northern Ireland) 1953 (which contains corresponding provisions for Northern Ireland),

references to a court shall include references to any court in the United Kingdom.

7 In relation to a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in England and Wales or Scotland and is sentenced to imprisonment by a court in Northern Ireland, any reference in sub-paragraph (5) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

Subsequent sentence in case of transferred prisoners¶

^C3718

1 The power of a court in any part of the United Kingdom to order that the term of any sentence of imprisonment passed by the court shall commence at or before the expiration of another term of imprisonment shall include power to make such an order where that other term was imposed by sentence of a court elsewhere in the United Kingdom or in any of the Channel Islands if the offender—

a is serving that other sentence in that part of the United Kingdom; or

b is for the time being present in that part of the United Kingdom,

by virtue of an order under this Schedule, or is unlawfully at large under the law of the country or island in which that other sentence was passed.

2 The provisions of this paragraph shall be without prejudice to the powers exercisable by any court apart from those provisions.

Application to the Isle of Man¶

^C38^C49^C5019

1 Her Majesty may by Order in Council direct that any of the foregoing provisions of this Schedule which extend to, or apply in relation to, the Channel Islands shall extend to, or apply in relation to, the Isle of Man with such modifications (if any) as Her Majesty considers appropriate.

2 An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

3 An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Service of process issued in Scotland¶

19A

1 Section 4 of the Summary Jurisdiction (Process) Act 1881 (service in England and Wales of Scottish process etc) applies to any process issued by a court in Scotland under the supervision provisions.

2 “The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).

Electronic monitoring in Scotland¶

19B

1 Section 245C of the Criminal Procedure (Scotland) Act 1995 (remote monitoring), and regulations under that section, apply in relation to the electronic monitoring of compliance with a curfew requirement in a supervision default order imposed under the supervision provisions as they apply in relation to the remote monitoring of compliance with a restriction of liberty order.

2 “The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).

Interpretation¶

1 In this Schedule—

"detention and training order” includes an order under section 211 of the Armed Forces Act 2006;
“prison”, unless the context otherwise requires, includes any accommodation which is youth detention accommodation (within the meaning given by section 248(1) of the Sentencing Code), a young offenders institution, a young offenders centre and a remand centre;
“sentence of imprisonment” includes any sentence of detention (except a sentence of service detention within the meaning of the Armed Forces Act 2006) and a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 272 or 275 of the Sentencing Code, and cognate expressions shall be construed accordingly;
“supervision” means—
1. supervision under an order made for the purpose,
2. supervision under a detention and training order,
3. in the case of a person released from prison on licence, supervision under a condition contained in the licence,
4. supervision under section 256AA of the Criminal Justice Act 2003 (supervision after end of sentence), including supervision under that section as applied by section 247 of the Sentencing Code, or
5. supervision under section 256B of the Criminal Justice Act 2003 (supervision after release of certain young offenders serving less than 12 months).

2 References in this Schedule to a person being remanded in custody are references to his being remanded in or committed to custody by an order of a court.

3 In determining, in relation to any person serving a sentence of imprisonment, the time which is to be served in respect of an equivalent sentence treated as passed in another country or island, regard shall be had, not only to any time already served by him, but also to—

a any periods for which he has been remanded in custody, being either—

i periods by which his sentence falls to be reduced; or

ii periods which have been directed to count as time served as part of his sentence; and

b any early release or additional days awarded to him.

SCHEDULE 2 ¶

Repatriation of prisoners to the British Islands

Section 42.

Preliminary¶

1Any reference in this Schedule to prisoners repatriated to any part of the United Kingdom is a reference to prisoners transferred there in pursuance of a warrant issued under the ^M37Repatriation of Prisoners Act 1984 (“the 1984 Act”).

Prisoners repatriated to England and Wales¶

^F1502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F764. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners repatriated to Scotland¶

1 This paragraph applies in relation to—

a prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed before 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

b prisoners repatriated to Scotland in respect of such sentences on or after the relevant date.

c prisoners detained in Scotland in pursuance of warrants which—

i are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and

ii relate to sentences that were imposed before 1 October 1993.

2 Paragraph 2 of the Schedule to the 1984 Act, as originally enacted, shall have effect, and shall be deemed to have had effect since 16th February 1990, as if—

a in sub-paragraph (1), for the words “section 60 of the Criminal Justice Act 1967” there were substituted the words “ section 22 of the Prisons (Scotland) Act 1989 ”; and

b at the end there were added the following sub-paragraph—

1 This paragraph applies in relation to—

a prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed on or after 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and

b prisoners repatriated to Scotland in respect of such sentences on or after the relevant date and before the commencement of this Schedule.

2 Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—

1 This paragraph applies in relation to prisoners repatriated to Scotland after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993 but before the commencement of section 33 of the Criminal Justice (Scotland) Act 2003 (asp 7).

2 In paragraph 2 of the Schedule to the 1984 Act, for sub-paragraphs (1A) and (2) there shall be substituted the following sub-paragraphs—

2 If the warrant specifies a period to be taken into account for the purposes of sections 1(3) and 2(2) and (7) of the ^M39Prisoners and Criminal Proceedings (Scotland) Act 1993—

a the amount of time the prisoner has served; and

b where his sentence is a determinate one, his sentence,

shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period.

3 The question whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

4 For the purposes of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

5 In this paragraph—

“the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.

^F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners repatriated to Northern Ireland¶

^F1899. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners repatriated to the Islands¶

1 This paragraph applies where any Order in Council under section 9(4) of the 1984 Act extends the provisions of that Act to any of the Channel Islands or the Isle of Man.

2 The modifications of that Act made by the Order may include modifications broadly corresponding to those made by any of paragraphs 1 to 10 above.

SCHEDULE 3 ¶

Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

Section 48.

Part I Amendments of the 1983 Act¶

Transfers from England and Wales to Scotland¶

1After section 80 of the 1983 Act there shall be inserted the following section—

80A Transfer of responsibility for patients to Scotland.

1 If it appears to the Secretary of State, in the case of a patient who—

a is subject to a restriction order under section 41 above; and

b has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.

2 Where responsibility for such a patient is transferred under this section, the patient shall be treated—

a as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Scotland; and

b as if he were subject to a restriction order under the corresponding enactment in force in Scotland.

3 Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.

Transfers from England and Wales to Northern Ireland¶

2After section 81 of the 1983 Act there shall be inserted the following section—

81A Transfer of responsibility for patients to Northern Ireland.

1 If it appears to the Secretary of State, in the case of a patient who—

a is subject to a restriction order or restriction direction under section 41 or 49 above; and

b has been conditionally discharged under section 42 or 73 above,

that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.

2 Where responsibility for such a patient is transferred under this section, the patient shall be treated—

a as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and

b as if he were subject to a restriction order or restriction direction under the corresponding enactment in force in Northern Ireland.

3 Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

Transfers from Northern Ireland to England and Wales¶

3After section 82 of the 1983 Act there shall be inserted the following section—

82A Transfer of responsibility for patients to England and Wales from Northern Ireland.

1 If it appears to the relevant Minister, in the case of a patient who—

a is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the ^M40Mental Health (Northern Ireland) Order 1986; and

b has been conditionally discharged under Article 48(2) or 78(2) of that Order,

that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.

2 Where responsibility for such a patient is transferred under this section, the patient shall be treated—

a as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

b as if he were subject to a restriction order or restriction direction under section 41 or 49 above.

4 In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.

Transfers from England and Wales to the Islands¶

4After section 83 of the 1983 Act there shall be inserted the following section—

Transfers from the Islands to England and Wales¶

5After section 85 of the 1983 Act there shall be inserted the following section—

85A Responsibility for patients transferred from Channel Islands or Isle of Man.

1 This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.

2 The patient shall be treated—

a as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and

b as if he were subject to a restriction order or restriction direction under section 41 or 49 above.

3 Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.

Part II Amendments of the 1984 Act¶

Transfers from Scotland to England and Wales¶

^F1646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from Scotland to Northern Ireland¶

^F1647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from Northern Ireland to Scotland¶

^F1648. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from the Islands to Scotland¶

^F1649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers from Scotland to the Islands¶

^F16410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 ¶

Minor and consequential amendments

Section 55.

Army Act 1955 (c.18)¶

^I61

1 After subsection (3) of section 70 of the Army Act 1955 (civil offences) there shall be inserted the following subsection—

2 For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

3 In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

4 In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 70(3A) above ”.

5 In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

Air Force Act 1955 (c.19)¶

^I72

1 After subsection (3) of section 70 of the Air Force Act 1955 (civil offences) there shall be inserted the following subsection—

2 For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—

Naval Discipline Act 1957 (c.53)¶

^I83

1 After subsection (1) of section 42 of the Naval Discipline Act 1957 (civil offences) there shall be inserted the following subsection—

2 For subsection (1A) of section 43A of that Act (juveniles) there shall be substituted the following subsection—

3 In subsection (6A) of section 43AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “ Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) ”.

4 In paragraph 3(1) of Schedule 4A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “ or falls to be imposed under section 42(1A) above ”.

Children and Young Persons Act 1963 (c.37)¶

^F1364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1967 (c.80)¶

^F791 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In subsection (4) of section 72 of that Act (power of magistrates to issue warrants for escaped prisoners and mental patients), after the words “restricting his discharge” there shall be inserted the words “ or in pursuance of a hospital direction and a limitation direction ”.

Criminal Appeal Act 1968 (c.19)¶

^I96

1 In subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—

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

; and

^F80b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1522 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration Act 1971 (c.77)¶

^F1537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts Act 1973 (c.62)¶

^F818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c.53)¶

^F829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts Act 1980 (c.43)¶

^I1010

^F1541 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 For subsection (3) of section 85 of that Act (power to remit fine) there shall be substituted the following subsections—

Criminal Justice Act 1982 (c.48)¶

^F8311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1983 (c.20)¶

^I1112

^F1551 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 After that subsection there shall be inserted the following subsection—

3 In subsection (4) of that section, the words “in the event of such an order being made by the court” shall cease to have effect.

^F844 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 After subsection (4) of that section there shall be inserted the following subsection—

6 In section 54 of that Act (requirements as to medical evidence), after the words “38(1)” there shall be inserted the words “ 45A(2) ”.

7 In subsection (2) of section 61 of that Act (review of treatment)—

a after the words “restriction order” there shall be inserted the words “ , limitation direction ”; and

b in paragraph (b), after the words “section 41(6)” there shall be inserted the words “ , 45B(3) ”.

^F1888 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 In section 70(a) of that Act (applications to tribunals concerning restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

10 In subsection (1) of section 74 of that Act (restricted patients), after the words “who is subject to” there shall be inserted the words “ a limitation direction or ”.

11 In subsection (5) of that section, after the word “above” there shall be inserted the words “ the relevant hospital direction and the limitation direction or, as the case may be, ”.

12 In subsection (6) of that section, after the words “references to”, in the second place where they occur, there shall be inserted the words “ the hospital direction and the limitation direction or, as the case may be, to ”.

13 In section 75(1)(b) of that Act (applications and references concerning conditionally discharged restricted patients), after the words “hospital order” there shall be inserted the words “ , hospital direction ”.

14 In subsection (1) of section 79 of that Act (interpretation of Part V), after the words “restriction order” there shall be inserted the words “ , limitation direction ”.

15 In subsection (2) of that section—

a after the words “ “the relevant hospital order”” there shall be inserted the words “ , “the relevant hospital direction” ”; and

b after the words “the hospital order” there shall be inserted the words “ , the hospital direction ”.

16 After subsection (3) of section 92 of that Act (interpretation of Part VI) there shall be inserted the following subsections—

17 In subsection (1) of section 117 of that Act (after-care), after the words “transferred to a hospital in pursuance of” there shall be inserted the words “ a hospital direction made under section 45A above or ”.

18 In subsection (3) of section 143 of that Act (general provisions as to regulations, orders and rules), after the word “section” there shall be inserted the word “ 45A(10), ”.

19 In subsection (1) of section 145 of that Act (interpretation)—

a after the definition of “hospital” there shall be inserted the following definition—

;

b after the definition of “interim hospital order” there shall be inserted the following definition—

Criminal Justice Act 1988 (c.33)¶

^F15613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)¶

14In sub-paragraph (5) of paragraph 9 of Schedule 2 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (exemption from exclusion orders), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words “ section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Criminal Justice Act 1991 (c.53)¶

^I12^C4115

^F861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F862 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F863 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F865 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F866 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F867 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F869 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8613 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (meaning of transferred life prisoner), for the words “section 26 of the Criminal Justice Act 1961” there shall be substituted the words “ paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 ”.

2 In Schedule 6 to that Act, in paragraph 1, in the definition of “new provisions”, after the word “Act” where it last occurs, there shall be inserted the words “ and the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997 ”.

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

^F8717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 ¶

Transitional provisions and savings

Section 56(1).

Sentences for offences committed before the commencement of Chapter I of Part II¶

^F881. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consecutive sentences for offences committed before and after that commencement¶

^F892. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Concurrent sentences for offences committed before and after that commencement¶

^F903. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crediting of periods of remand in custody¶

^F914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to release certain life prisoners¶

^F921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Section 28(7) of this Act shall have effect as if—

a any reference of a prisoner’s case made to the Parole Board under section 32(2) or 34(4) of the 1991 Act had been made under section 28(6) of this Act; and

b any such reference made under section 39(4) of that Act had been made under section 32(4) of this Act.

Life prisoners transferred to England and Wales¶

^F946. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recall of life prisoners while on licence¶

1 Section 32(3) and (4) of this Act shall have effect as if any life prisoner recalled to prison under subsection (1) or (2) of section 39 of the 1991 Act had been recalled to prison under ^F187... section 32 of this Act.

2 Section 32(4) of this Act shall have effect as if any representations made by a life prisoner under section 39(3) of the 1991 Act had been made under section 32(3) of this Act.

Transfers of prisoners: general¶

^F958. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers of prisoners from England and Wales to Scotland¶

^F961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

Transfers of prisoners from England and Wales to Northern Ireland¶

^F971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Transfers of prisoners from Scotland to England and Wales¶

^F981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

a references in sub-paragraph (2) to sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the ^M41Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;

b references in sub-paragraph (5) to sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

c the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act ^F101. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

^C423 ^F101. . .In sub-paragraph (2) above—

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

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

Transfers of prisoners from Scotland to Northern Ireland¶

^F1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

a references in sub-paragraph (2) to sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the ^M42Prisoners and Criminal Proceedings (Scotland) Act (“the 1993 Act”)were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43, and Schedule 1 to, the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;

b references in sub-paragraph (4) to sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

c the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act ^F105. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.

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

Interpretation¶

13In this Schedule—

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

^I13^C43^I18^I20 SCHEDULE 6 ¶

Repeals

Section 56(2).

Chapter	Short title	Extent of repeal
9 & 10 Eliz. 2 c.39.	Criminal Justice Act 1961.	Part III.
		In section 36(1), the words “or under Part III”.
		In section 38, in subsection (3), the words “of Part III and” and, in subsection (6), the words “and of any enactment referred to in Part III of this Act”.
		In section 39, in subsection (1), the definitions of “appropriate institution” and “responsible Minister”, and subsection (1A).
		In section 42, in subsection (1), the words “Part III except section thirty-three” and, in subsection (2), the words “Part III”.
1967 c.80.	Criminal Justice Act 1967.	Section 67.
1973 c.62.	Powers of Criminal Courts Act 1973.	In section 2(3), the words from “and the court” to the end.
		In section 14(2), the words “the offender consents and”.
		In section 42(1), the words “or section 62 of the Criminal Justice Act 1967”.
1983 c.20.	Mental Health Act 1983.	In section 37(4), the words “in the event of such an order being made by the court”.
		In section 47(1), the words “(not being a mental nursing home)”.
		In Schedule 1, in Part II, in paragraph 5, the word “and” immediately following sub-paragraph (a).
1991 c.53.	Criminal Justice Act 1991.	In section 4(1), the words “section 3(1) above applies and”.
		In section 12, in subsection (1), the words “of or over the age of sixteen years” and, in subsection (5), the words from “and the court” to the end.
		^F106. . .
		^F106. . .
		In Schedule 2, in paragraph 14, in sub-paragraph (2)(b), the words from “being treatment” to the end.

Footnotes

F1
Pt. I (ss. 1-7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F2
S. 8 repealed (30.9.1998) by 1998 c. 37, s. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 22(1)(w)(3)(x).
F3
S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F4
S. 9A repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F5
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F6
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F7
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F8
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F9
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F10
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F11
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F12
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F13
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F14
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F15
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F16
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F17
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F18
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F19
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F20
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F21
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
F22
Ss. 10-27 repealed (30.9.1998) by 1998 c. 37, ss. 107(2), 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
C1
S. 28: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)
C2
S. 28(1B) modified (30.11.2000) by 2000 c. 43, ss. 74, 80(3)(d), Sch. 7 Pt. II para. 146-148
M1
1952 c.52.
F23
S. 28(9) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 136(b), Sch. 8
C3
S. 30: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1(1)
C4
S. 31: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1
F24
Words in s. 31(2) repealed (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 131(1), Sch. 10; S.I. 1998/2327, art. 3(1)(b)(c), Sch. 1; S.I. 2000/924, art. 3
F25
S. 31(2A) inserted (30.9.1998 in the areas specified in S.I. 1998/2327, Sch. 1 and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 131(2); S.I. 1998/2327, art. 3(1)(b), Sch. 1; S.I. 2000/924, art. 3
F26
Words in s. 31(2A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
C5
S. 31(6) modified (1.1.1998) by S.I. 1997/2200, art. 5(3)(a)
S. 31(6) modified (19.9.1998) by S.I. 1998/2327, art. 5(1)(b).
F27
Words in s. 31(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 131(3); S.I. 1998/2327, art. 2(2)(mm).
C6
S. 32: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1
C7
S. 34: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I para. 1
F28
Word in s. 34(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and notes to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3)(d), Sch. 7 Pt. II para. 138, Sch. 8
F29
Words in s. 34(2)(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 183(2)(3)
C8
Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
C9
Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)
I1
S. 35 not in force at Royal Assent, see s. 57(2). S. 35 in force at 1.1.1998 by 1997/2200, art. 3 (subject to savings in art. 5)
F30
Words in s. 35(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 132(1); S.I. 1998/2327, art. 2(2)(nn).
M2
1988 c.33.
M3
1994 c.37.
F31
Words in s. 35(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 50(1); S.I. 1998/2327, art. 2(1)(w).
F32
S. 35(4)(5) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3)
F33
S. 35(7)(8) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(4)
F34
Words in s. 35(10) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 50(6); S.I. 1998/2327, art. 2(1)(w).
F35
S. 35(12A) inserted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(5)
F36
S. 36 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F37
S. 37 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F38
S. 38 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F39
S. 39 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I2
S. 40 not in force at Royal Assent, see s. 57(2). S. 40 in force at 1.1.1998 by 1997/2200, art. 3 (subject to savings in art. 5)
M4
1988 c.33.
M5
1994 c.37.
F40
S. 40(6)(7) substituted (25.8.2000) for s. 40(6) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 185(3)
F41
S. 43 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F42
S. 44 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. II paras. 1, 2)
M6
1982 c.48.
M7
1994 c.33.
C10
S. 46 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)
M8
1984 c.36.
F43
S. 50 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F44
S. 51 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M9
1933 c.12.
M10
1969 c.54.
M11
1973 c.62.
M12
1980 c.43.
M13
1982 c.48.
M14
1983 c.20.
M15
1991 c.53.
F45
S. 54(1): definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 141; S.I. 2001/919, art. 2(f)(ii)
F46
S. 54(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 133, Sch. 10; S.I. 1998/2327, art. 2(2)(nn)(3)(x).
F47
S. 54(4) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 53; S.I. 1998/2327, art. 2(1)(w).
I3
S. 55 wholly in force at 1.12.1999; S. 55 not in force at Royal Assent, see s. 57(2); S. 55(1)(2)(b) (and 55(2)(a) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1); S. 55 in force at 1.12.1999 to the extent not already in force at 1.12.1999 by S.I. 1999/3096, art. 2(d)
E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.
F48
S. 55(2)(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M16
1955 c.18.
M17
1955 c.19.
M18
1957 c.53.
F49
Word in s. 55(2)(b) substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 54; S.I. 1998/2327, art. 2(1)(w).
I4
S. 55 wholly in force at 1.12.1999; S. 55 not in force at Royal Assent, see s. 57(2); S. 55(1)(2)(b) (and 55(2)(a) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1); s. 55 in force to the extent not already in force at 1.12.1999 by S.I. 1999/3096, art. 2(d)
E2
This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
F50
S. 55(2)(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M19
1955 c.18.
M20
1955 c.19.
M21
1957 c.53.
I5
S. 56(1)(2) in force at 1.10.1997 for specified purposes by S.I. 1997/2200, art. 2(1)
M22
1978 c.30.
P1
S. 57(2)(3): Power partly exercised (23.6.1997): 25.6.1997 appointed for specified provisions by S.I. 1997/1581 and (8.9.1997): 1.10.1997, 1.1.1998 and 1.3.1998 appointed for specified provisions by S.I. 1997/2200
S. 57(2)(3); Power partly exercised (17.11.1999); 1.12.1999 appointed for specified provisions by S.I. 1999/3096, art. 2
C11
S. 57(5)(b) amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 134; S.I. 1998/2327, art. 2(2)(nn).
M23
1961 c.39.
C12
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C13
Sch. 1 para. 1(1)(4) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(2); S.I. 1998/3178, art. 3
C14
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C15
Sch. 1 para. 2(1)(3)(4) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(3); S.I. 1998/3178, art. 3
C16
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C17
Sch. 1 para. 3(1)(3) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 1(4); S.I. 1998/3178, art. 3
C18
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C19
Sch. 1 para. 4(1) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(5); S.I. 1998/3178, art. 3
C20
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C21
Sch. 1 para. 5(1) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(6); S.I. 1998/3178, art. 3
C22
Sch. 1 Pt. I extended (with modifications) (18.12.1998) by S.I. 1998/2798, arts. 2, 3, Schs.1, 2.
C23
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2, Sch.; S.I. 1997/2200, art. 2
F51
Sch. 1 para. 6(3)(aa) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 135(2)(a); S.I. 1999/3426, art. 3(b)
F52
Words in Sch. 1 para. 6(3)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(2)(b); S.I. 1998/2327, art. 2(2)(oo).
C24
Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C25
Sch. 1 para. 7 amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(7); S.I. 1998/3178, art. 3
M24
1985 c.23.
C26
Sch. 1 para. 8(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).
F53
Sch. 1 para. 9(1)(a) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
F54
Words in Sch. 1 para. 9(1)(b) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
C27
Sch. 1 para 9(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).
M25
1995 c.46.
F55
Words in Sch. 1 para. 10(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(a)(i); S.I. 1998/2327, art. 2(2)(oo).
M26
1993 c.9.
F56
Words in Sch. 1 para. 10(2)(a) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(a)(ii); S.I. 1998/2327, art. 2(2)(oo).
F57
Words in Sch. 1 para. 10(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(b); S.I. 1998/2327, art. 2(2)(oo).
C28
Sch. 1 para. 10(3)(7) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 para. 130(8); S.I. 1998/3178, art. 3
F58
Sch. 1 para. 10(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(5)(c), Sch.10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
F59
Words in Sch. 1 para. 10(5)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(d); S.I. 1998/2327, art. 2(2)(oo).
F60
Sch. 1 para. 10(6)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(e); S.I. 1998/2327, art. 2(2)(oo).
M27
1995 c.46.
F61
Sch. 1 para. 10(7) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(5)(f); S.I. 1998/2327, art. 2(2)(oo).
M28
1995 c.46.
F62
Words in Sch. 1 para. 11(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(a)(i); S.I. 1998/2327, art. 2(2)(oo).
F63
Words in Sch. 1 para. 11(2)(a) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(a)(ii); S.I. 1998/2327, art. 2(2)(oo).
C29
Sch. 1 para. 11(3)(6) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(9); S.I. 1998/3178, art. 3
F64
Words in Sch. 1 para. 11(4)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(b); S.I. 1998/2327, art. 2(2)(oo).
F65
Words in Sch. 1 para. 11(5) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(c); S.I. 1998/2327, art. 2(2)(oo).
F66
Words in Sch. 1 para. 11(6) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(6)(d), Sch. 10; S.I. 1998/2327, art. 2(2)(oo).
F67
Entry in Sch. 1 para. 11 substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(6)(d); S.I. 1998/2327, art. 2(2)(oo).
F68
Words in Sch. 1 para. 11(6) Table substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 143; S.I. 2001/919, art. 2(f)(ii)
F69
Sch. 1 para. 12(2)(a) substituted (E.W.N.I.) (8.10.2001) by S.I. 2001/2565, arts. 1(2), 3(2); S.R. 2001/337, art. 2
M29
1953 c.18 (N.I.).
M30
S.I. 1976/226 (N.I.4).
M31
S.I. 1996/3160 (N.I.24).
M32
1995 c.47.
F70
Entry in Sch. 1 para. 12 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(7), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
F71
Sch. 1 para. 13(2)(a) substituted (S.N.I.) (8.10.2001) by S.I. 2001/2565, arts. 1(2), 3(3)(a); S.R. 2001/337, art. 2
F72
Words in Sch. 1 para. 13(5) inserted (8.10.2001) by S.I. 2001/2565, arts. 1(2), 3(3)(b); S.R. 2001/337, art. 2
F73
Entry in Sch. 1 para. 13(5) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(8), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).
M33
1993 c.9.
C30
Sch. 1 para. 14 extended (31.7.1998) by 1998 c. 37, s. 121(12).
C31
Sch. 1 para. 15 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
Sch. 1 para. 15 modified (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(5); S.I. 1998/1858, art.2.
C32
Sch. 1 para. 15(3)(4)(5) amended (1.7.1999) by S.I. 1999/1280, arts. 1(2), 4, Sch. 2 Pt. I para. 130(10); S.I. 1998/3178, art. 3
C33
Sch. 1 para. 16 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C34
Sch. 1 Pt. II excluded (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(1); S.I. 1998/1858, art.2.
C35
Sch. 1 para. 17(1)-(4) extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2, Sch.; S.I. 1997/2200, art. 2
F74
Words in Sch. 1 para. 17(1)(a) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 135(9); S.I. 1999/3426, art. 3(b)
M34
1952 c.52.
M35
1989 c.45.
M36
1953 c.18 (N.I.).
C36
Sch. 1 para. 17(5)(b) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(11); S.I. 1998/3178, art. 3
C37
Sch. 1 para. 18 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C38
Sch. 1 para. 19 extended (31.7.1998) by 1998 c. 37, s. 121(12).
F75
Words in Sch. 1 para. 20(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(5)
C39
Sch. 1: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(1), Sch. 2 para. 3
C40
Sch. 1 excluded (1.1.1998) by S.I. 1997/2200, art. 5(6)
Sch. 1 excluded (18.9.1998) by S.I. 1998/2251, art. 16(5).
Sch. 1 excluded (1.9.2001) by 2001 c. 17, s. 42(5) (with s. 78); S.I. 2001/2161, art. 2
Sch. 1 extended (1.9.2001) by 2001 c. 17, s. 46(1) (with s. 78); S.I. 2001/2161, art. 2
M37
1984 c.47.
F76
Sch. 2 para. 4 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
M38
1993 c.9.
M39
1993 c.9.
F77
Sch. 2 para. 8 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F78
Sch. 2 para. 10 repealed (8.10.2001) by S.I. 2001/2565, arts. 1(2), 3(4); S.R. 2001/337, art. 2
M40
S.I. 1986/596 (N.I.4).
I6
Sch. 4 para. 1 partly in force: Sch. 4 para. 1 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 1(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 1(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)
I7
Sch. 4 para. 2 partly in force: Sch. 4 para. 2 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 2(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 2(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)
I8
Sch. 4 para. 3 partly in force: Sch. 4 para. 3 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 3(1), so far as relating to offences whose corresponding civil offences are offences to which s. 2 would apply, and para. 3(2)(4) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l)(2(a)
F79
Sch. 4 para. 5(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I9
Sch. 4 para. 6 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 6(1)(a) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(2), otherwise not in force
F80
Sch. 4 para. 6(1)(b) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(a), Sch. 10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F81
Sch. 4 para. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F82
Sch. 4 para. 9 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
I10
Sch. 4 para. 10 not in force at Royal Assent, see s. 57(2). Sch. 4 para. 10(1) in force at 1.10.1997 and Sch. 4 para. 10(2) in force at 1.3.1998 by S.I. 1997/2200, arts. 2, 3 (para. 10(2) in force subject to savings in art. 5)
F83
Sch. 4 para. 11 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
I11
Sch. 4 para. 12 partly in force; Sch. 4 para. 12 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 12(1) (and (2) for specified purposes) in force at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 12(2) in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(e)
F84
Sch. 4 para. 12(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 137(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F85
Words in Sch. 4 para. 14 substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 187(4)
I12
Sch. 4 para. 15 wholly in force at 1.12.1999; Sch. 4 para. 15 not in force at Royal Assent, see s. 57(2); Sch. 4 para. 15 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2; Sch. 4 para. 15 in force at 1.12.1999 to the extenmt not already in force by S.I. 1999/3096, art. 2(e)
C41
Sch. 4 para. 15 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)
F86
Sch. 4 para. 15(1)-(9)(11)-(13) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F87
Sch. 4 para. 17 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F88
Sch. 5 para. 1 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F89
Sch. 5 para. 2 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F90
Sch. 5 para. 3 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F91
Sch. 5 para. 4 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F92
Sch. 5 para. 5(1) repealed (30.11.2000 with effect as mentioned in Sch. 7 para. 145 and note to Sch. 8 of the repealing Act) by 2000 c. 43, ss. 74, 75, 80(3), Sch. 7 Pt. II para. 144, Sch. 8
F93
Sch. 5 para. 5(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F94
Sch. 5 para. 6 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F95
Sch. 5 para. 8 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F96
Sch. 5 para. 9(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F97
Sch. 5 para. 10(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(b), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F98
Sch. 5 para. 11(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F99
Words in Sch. 5 para. 11(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(2)(a); S.I. 1998/2327, art. 2(2)(pp).
M41
1993 c.9.
F100
Words in Sch. 5 para. 11(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(2)(b); S.I. 1998/2327, art. 2(2)(pp).
F101
Words in Sch. 5 para. 11(2)(c)(3) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(c), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
C42
Sch. 5 para. 11(3) amended (1.7.1999) by S.I. 1999/1280, arts. 1(2), 4, Sch. 2 Pt. I para. 130(12; S.I. 1998/3178, art. 3)
F102
Sch. 5 para. 12(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(d), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F103
Words in Sch. 5 para. 12(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(3)(a); S.I. 1998/2327, art. 2(2)(pp).
M42
1993 c.9.
F104
Words in Sch. 5 para. 12(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 138(3)(b); S.I. 1998/2327, art. 2(2)(pp).
F105
Words in Sch. 5 para. 12(2)(c) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 138(1)(d), Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
I13
Sch. 6 in force in force at 1.10.1997 for specified purposes by S.I. 1997/2200, art. 2(1)(o)(p)(3)
C43
Sch. 6 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)(6)
F106
Entries in Sch. 6 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 139, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
F107
S. 1 repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 47, Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
M43
1982 c.48.
M44
1861 c.100.
M45
1956 c.69.
M46
1968 c.27.
M47
1968 c.27.
M48
1995 c.39.
M49
1885 c.69.
M50
S.I. 1981/155 (N.I.2).
I14
S. 3 wholly in force at 1.12.1999; S. 3 not in force at Royal Assent, see s. 57(2); S. 3(1)-(5) (and (6) so far as relating to this section) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(c); s. 3 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(a)
C44
S. 3(2) excluded (1.10.1997 for specified purposes and 1.12.1999 otherwise) by 1983 c. 20, s. 37(1A) (as inserted by 1997 c. 43, s. 55, Sch. 4 para. 12(2)); S.I. 1997/2200, art. 2(2)(f); S.I. 1999/3096, art. 2(e)
F108
Words in s. 3(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(1)(a); S.I. 1998/2327, art. 2(1)(w).
F109
Words in s. 3(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(1)(b); S.I. 1998/2327, art. 2(1)(w).
F110
Words in s. 3(3) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(2); S.I. 1998/2327, art. 2(1)(w).
M51
1971 c.38.
M52
1994 c.37.
M53
1995 c.43.
M54
S.I. 1996/1299 (N.I.9).
C45
S. 4(2) excluded (1.10.1997 for specified purposes and 1.12.1999 otherwise) by 1983 c. 20, s. 37(1A) (as inserted by 1997 c. 43, s. 55, Sch. 4 para. 12(2)); S.I. 1997/2200, art. 2(2)(f); S.I. 1999/3096, art. 2(e)
F111
Words in s. 4(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(1)(a); S.I. 1998/2327, art. 2(1)(w).
F112
Words in s. 4(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(1)(b); S.I. 1998/2327, art. 2(1)(w).
F113
Words in s. 4(3) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(2); S.I. 1998/2327, art. 2(1)(w).
I15
S. wholly in force at 1.12.1999; S. 5 not in force at Royal Assent, see s. 57(2); S. 5 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2(1)(d) and in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(b)
M55
1968 c.19.
I16
S. 6 wholly in force at 1.12.1999; s. 6 not in force at Royal Assent, see s. 57(2); s. 6 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2(1)(e); s. 6 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(b)
M56
1955 c.18.
M57
1955 c.19.
M58
1957 c.53.
F114
Words in s. 35(1)(a) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 32(2); S.I. 2003/333, art. 2, Sch.
F115
Words in s. 40(1)(a) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 32(3); S.I. 2003/333, art. 2, Sch.
F116
Words in Sch. 2 para. 7(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 33(4), 89(2); S.S.I. 2003/288, art. 2, sch.
C46
S. 28 modified (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 16
C47
S. 34(1) extended (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 17
F117
S. 28(8A) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 275(1)(4), 336(2)
F118
S. 28(1A) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 275(1)(2), 336(2)
F119
Words in s. 28(1B)(a) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 275(3)(a), 336(2)
F120
Words in s. 28(1B)(a) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 275(3)(b), 336(2)
F121
S. 29 repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 303(b)(i), 336(2), Sch. 37 Pt. 8
F122
S. 31(4) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 83(3), Sch. 37 Pt. 8
F123
S. 32(5) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 84
F124
S. 33 repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 303(b)(ii), 336(2), Sch. 37 Pt. 8
F125
Words in s. 34(1) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 273(4), 336(2)
F126
S. 52 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2
F127
Sch. 1 para. 5A and cross-heading inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(4), 19(1); S.R. 2004/267, art. 2
F128
Sch. 1 para. 1(2A) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(2), 19(1); S.R. 2004/267, art. 2
F129
Words in Sch. 1 para. 5(1) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(3), 19(1); S.R. 2004/267, art. 2
F130
Words in Sch. 1 para. 6(2)(a) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(5)(a), 19(1); S.R. 2004/267, art. 2
F131
Words in Sch. 1 para. 6(2)(b) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(5)(b), 19(1); S.R. 2004/267, art. 2
F132
Words in Sch. 1 para. 12(1) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(6)(a), 19(1); S.R. 2004/267, art. 2
F133
Words in Sch. 1 para. 12(2) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(6)(b), 19(1); S.R. 2004/267, art. 2
F134
Words in Sch. 1 para. 13(1) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(7)(a), 19(1); S.R. 2004/267, art. 2
F135
Words in Sch. 1 para. 13(2) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(7)(b), 19(1); S.R. 2004/267, art. 2
F136
Sch. 4 para. 4 repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 5; S.I. 2004/3033, art. 3(1)(2)(e)(i)
F137
S. 47(1)(d) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 45(2), Sch. 11 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)(i)
F138
S. 47(2)(c) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 45(2), Sch. 11 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)(i)
F139
Word in s. 47(1) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 11; S.I. 2005/579, art. 3(i)
F140
Word in s. 47(2) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 11; S.I. 2005/579, art. 3(i)
F141
S. 47(4) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 45(3) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)
F142
Words in s. 31(2A)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 53
I17
S. 56(2) in force at 4.4.2005 for specified purposes by S.I. 2005/932, art. 2(1)(2)(a) (with art. 2(3))
I18
Sch. 6 in force at 4.4.2005 for specified purposes by S.I. 2005/932, art. 2(1)(2)(b) (with art. 2(3))
F143
S. 31A inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 2; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F144
S. 31(1A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F145
Words in s. 31(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 1(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F146
Words in s. 31(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 83(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F147
S. 34(2)(d)(e) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 18 para. 3; S.I. 2005/950, art. 2(1), Sch. 1 para. 40 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F148
Sch. 1 para. 6(4) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F149
Sch. 1 para. 15(5) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(5), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(32), 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F150
Sch. 2 para. 2 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 86, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(32), 44(4)(o) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 2 para. 2(2) (in so far as it continues to have effect in relation to persons to whom it applied before 4.4.2005) amended (9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 33(2); S.I. 2008/1466, art. 2(c)(iii)
F151
Sch. 2 para. 3 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 86, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(32), 44(4)(o) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 2 para. 3(2) (in so far as it continues to have effect in relation to persons to whom it applied before 4.4.2005) amended (9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 33(3); S.I. 2008/1466, art. 2(c)(iii)
F152
Sch. 4 para. 6(2) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F153
Sch. 4 para. 7 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F154
Sch. 4 para. 10(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F155
Sch. 4 para. 12(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F156
Sch. 4 para. 13 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F157
Sch. 4 para. 15(10) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(o) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F158
Sch. 1 para. 8(5)(6) substituted for Sch. 1 para. 8(5)-(7) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(3)(c); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F159
Sch. 1 para. 8(2)(a)-(ab) substituted for Sch. 1 para. 8(2)(a) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(3)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 1 para. 8(2)(a) (in so far as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4.4.2005) amended (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 32(2)(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
F160
Sch. 1 para. 8(4)(a)-(ab) substituted for Sch. 1 para. 8(4)(a) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(3)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 1 para. 8(4)(a) (in so far as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4.4.2005) amended (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 32(3)(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
F161
Sch. 1 para. 9(2)(a)-(ab) substituted for Sch. 1 para. 9(2)(a) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(4)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 1 para. 9(2)(a) (in so far as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4.4.2005) amended (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 32(5)(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
F162
Sch. 1 para. 9(4)(a)-(ab) substituted for Sch. 1 para. 9(4)(a) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(4)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 1 para. 9(4)(a) (in so far as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4.4.2005) amended (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 32(6)(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
F163
Sch. 1 para. 9(5) substituted for Sch. 1 para. 9(5)-(7) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(4)(c); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F164
Sch. 3 paras. 6-10 repealed (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F165
Words in Sch. 1 para. 10(2)(a) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(8)(a)(i), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1; substitution extended to E.W.and N.I. (1.4.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055), art. 3
F166
Words in Sch. 1 para. 10(5)(a) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(8)(a)(ii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1; substitution extended to E.W.and N.I. (1.4.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055), art. 3
F167
Word in Sch. 1 para. 11(2) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(8)(b)(i), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1; substitution extended to E.W.and N.I. (1.4.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055), art. 3
F168
Words in Sch. 1 para. 11(2) substituted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(8)(b)(ii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1; substitution extended to E.W.and N.I. (1.4.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055), art. 3
F169
Words in Sch. 1 para. 11(4)(a) substituted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(8)(c), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1; substitution extended to E.W.and N.I. (1.4.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055), art. 3
F170
Words in s. 31(2A)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)
F171
Words in Sch. 1 para. 8(2)(a) substituted (1.4.2006) by The Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055), arts. 1(1), 2(a)
F172
Words in Sch. 1 para. 20(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 3 para. 15(3); S.I. 2007/3001, art. 2(1)(r)
F173
Words in Sch. 1 para. 8(6)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 3 para. 15(2); S.I. 2007/3001, art. 2(1)(r)
F174
Words in s. 31(2A)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(2)
F175
Words in Sch. 1 para. 11(6) Table inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(3)(b)
F176
Words in Sch. 1 para. 8(6)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(3)(a)(i)
F177
Sch. 1 para. 8(6)(fa) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 12(3)(a)(iii)
F178
Words in Sch. 1 para. 12(2)(a) inserted (15.5.2008) by The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1241), arts. 1(2), 3(2) (see S.R. 2008/217, art. 2, Sch.)
F179
Words in Sch. 1 para. 12(5) inserted (15.5.2008) by The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1241), arts. 1(2), 3(2) (see S.R. 2008/217, art. 2, Sch.)
F180
Words in Sch. 1 para. 13(2)(a) inserted (15.5.2008) by The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1241), arts. 1(2), 3(2) (see S.R. 2008/217, art. 2, Sch.)
F181
Words in Sch. 1 para. 13(5) inserted (15.5.2008) by The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1241), arts. 1(2), 3(2) (see S.R. 2008/217, art. 2, Sch.)
F182
Words in s. 31(1) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(b)
F183
S. 32(1) substituted for s. 32(1)(2) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(2), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
F184
Words in s. 32(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(3), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
F185
Words in s. 32(4) substituted for s. 32(4)(a)(b) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 31(4), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
F186
Sch. 2 para. 5(1)(c) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 33(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
F187
Words in Sch. 5 para. 7 repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(b)
F188
Sch. 4 para. 12(8) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 11 Pt. 5; S.I. 2008/1210, art. 2(d)
F189
Sch. 2 para. 9 repealed (1.4.2009) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216), art. 1(4), Sch. 6 Pt. 1; S.R. 2009/120, art. 2, Sch. 1 para. 19(b) (with Sch. 2 para. 1)
C48
S. 34(2) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 40
F190
S. 34(2)(f)(g) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F191
Words in s. 34(2)(d) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F192
Word in s. 34(2)(d) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F193
Words in s. 34(2)(e) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F194
S. 34(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 142(3), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F195
S. 47(4)(c) substituted for s. 47(4)(c)(d) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 143; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F196
Word in s. 47(4)(b) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 143; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F197
S. 57(8) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 144; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F198
Words in Sch. 1 para. 20(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 145(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F199
Words in Sch. 1 para. 20(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 145(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F200
Sch. 1 para. 1(2B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 16(3) (with arts. 28-31)
F201
Sch. 1 para. 1(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 16(4) (with arts. 28-31)
F202
Words in Sch. 1 para. 1(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 16(2)(a) (with arts. 28-31)
F203
Words in Sch. 1 para. 1(2A) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 16(2)(b) (with arts. 28-31)
F204
Sch. 1 para. 2(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 17 (with arts. 28-31)
F205
Sch. 1 para. 3(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 18 (with arts. 28-31)
F206
Sch. 1 para. 4(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 19 (with arts. 28-31)
F207
Sch. 1 para. 5(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 20 (with arts. 28-31)
F208
Words in Sch. 1 para. 5A(1)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 21(2) (with arts. 28-31)
F209
Words in Sch. 1 para. 5A(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 21(3) (with arts. 28-31)
F210
Sch. 1 para. 7(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 22(2) (with arts. 28-31)
F211
Sch. 1 para. 7(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 22(3) (with arts. 28-31)
F212
Sch. 1 para. 12(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 23 (with arts. 28-31)
F213
Sch. 1 para. 13(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 24 (with arts. 28-31)
F214
Sch. 1 para. 15(4A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 25 (with arts. 28-31)
F215
Sch. 1 para. 17(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 26 (with arts. 28-31)
F216
Ss. 32A, 32B and cross-heading inserted (1.5.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 119, 151(2)(b) (with Sch. 15)
I19
S. 56(2) in force at 3.12.2012 for specified purposes by S.I. 2012/2901, art. 2(a)
I20
Sch. 6 in force at 3.12.2012 for specified purposes by S.I. 2012/2901, art. 2(b)
F217
Words in s. 34(2)(d) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(10)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F218
Words in Sch. 1 para. 6(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(2); S.I. 2012/2906, art. 2(h)
F219
Word in Sch. 1 para. 8(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 2; S.I. 2012/2906, art. 2(l)
F220
Words in Sch. 1 para. 8(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 7(a); S.I. 2012/2906, art. 2(n)
F221
Sch. 1 para. 8(2)(ab) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(3)(b); S.I. 2012/2906, art. 2(h)
F222
Words in Sch. 1 para. 8(4)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 7(b); S.I. 2012/2906, art. 2(n)
F223
Sch. 1 para. 8(4)(ab) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(3)(b); S.I. 2012/2906, art. 2(h)
F224
Word in Sch. 1 para. 8(2)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(3)(a); S.I. 2012/2906, art. 2(h)
F225
Word in Sch. 1 para. 8(4)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(3)(a); S.I. 2012/2906, art. 2(h)
F226
Words in Sch. 1 para. 9(2)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 8; S.I. 2012/2906, art. 2(n)
F227
Word in Sch. 1 para. 9(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 5; S.I. 2012/2906, art. 2(s)
F228
Word in Sch. 1 para. 9(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 2; S.I. 2012/2906, art. 2(l)
F229
Sch. 1 para. 9(2)(ab) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(4)(b); S.I. 2012/2906, art. 2(h)
F230
Words in Sch. 1 para. 9(4)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 8; S.I. 2012/2906, art. 2(n)
F231
Sch. 1 para. 9(4)(ab) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(4)(b); S.I. 2012/2906, art. 2(h)
F232
Word in Sch. 1 para. 9(2)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(4)(a); S.I. 2012/2906, art. 2(h)
F233
Word in Sch. 1 para. 9(4)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 9(4)(a); S.I. 2012/2906, art. 2(h)
C49
Sch. 1 para. 19 power modified (13.3.2014) by Offender Rehabilitation Act 2014 (c. 11), ss. 22(2), 23(6)
F234
Sch. 1 para. 8A and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 4 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F235
Sch. 1 paras. 19A, 19B and cross-headings inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 7 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F236
Words in Sch. 1 para. 6(4) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F237
Words in Sch. 1 para. 6(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(2) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F238
Sch. 1 para. 6(3)(c)(d) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(4) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F239
Words in Sch. 1 para. 6(2)(c) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 2(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F240
Word in Sch. 1 para. 8(2)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F241
Words in Sch. 1 para. 8(2)(a) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F242
Word in Sch. 1 para. 8(4)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F243
Words in Sch. 1 para. 8(4)(a) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F244
Words in Sch. 1 para. 8(4)(aa) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)
F245
Sch. 1 para. 9(5A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(3)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)
F246
Sch. 1 para. 9(9)-(12) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F247
Word in Sch. 1 para. 9(2)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F248
Words in Sch. 1 para. 9(2)(a) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F249
Word in Sch. 1 para. 9(4)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(3)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F250
Words in Sch. 1 para. 9(4)(a) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(3)(b) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F251
Words in Sch. 1 para. 9(2)(aa) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(3)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)
F252
Words in Sch. 1 para. 9(4)(aa) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(3)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)
F253
Sch. 1 para. 9(8) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(4) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F254
Sch. 1 para. 15(4B)(4C) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 6(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F255
Words in Sch. 1 para. 15(4) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 6(2) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F256
Words in Sch. 1 para. 20(1) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 8 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F257
Sch. 1 para. 8(7) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)
F258
Sch. 1 para. 8(8)-(12) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
C50
Sch. 1 para. 19 modified (12.2.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 95(1), 97(1)
F259
S. 32ZA inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 12(1), 95(1) (with s. 12(3)); S.I. 2015/778, art. 3, Sch. 1 para. 8
F260
S. 31(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 1 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
F261
Words in s. 40(6) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 5(a)
F262
Words in s. 40(7) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 5(b)
F263
S. 28(1A)(1B)-(5)(a) substituted for s. 28(1)-(5)(a) (30.11.2000 with effect as mentioned in Sch. 7 para. 145 of the substituting Act) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 136(a)
F264
Words in Sch. 1 para. 8(2)(aa) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)
C51
S. 31A(4) applied (22.7.2019) by The Parole Board Rules 2019 (S.I. 2019/1038), rules 1, 31(4)
C52
Sch. 1 para. 8(6) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
F265
S. 28(8A)(c) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 145 (with Sch. 27); S.I. 2020/1236, reg. 2
F266
Words in s. 34(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 146(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F267
Words in s. 34(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 146(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F268
Words in s. 35(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 147 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F269
Words in s. 40(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 148 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F270
Words in Sch. 1 para. 6(3)(aa) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F271
Words in Sch. 1 para. 8(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F272
Words in Sch. 1 para. 8(4)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F273
Words in Sch. 1 para. 8(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(i) (with Sch. 27); S.I. 2020/1236, reg. 2
F274
Sch. 1 para. 8(6)(k) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(xiii) (with Sch. 27); S.I. 2020/1236, reg. 2
F275
Sch. 1 para. 8(6)(ea) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(iv) (with Sch. 27); S.I. 2020/1236, reg. 2
F276
Words in Sch. 1 para. 8(6)(fa) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(vi) (with Sch. 27); S.I. 2020/1236, reg. 2
F277
Words in Sch. 1 para. 8(6)(f) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(v) (with Sch. 27); S.I. 2020/1236, reg. 2
F278
Words in Sch. 1 para. 8(12) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(f) (with Sch. 27); S.I. 2020/1236, reg. 2
F279
Words in Sch. 1 para. 8(6)(b) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(ii) (with Sch. 27); S.I. 2020/1236, reg. 2
F280
Words in Sch. 1 para. 8(6)(e) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(iii) (with Sch. 27); S.I. 2020/1236, reg. 2
F281
Words in Sch. 1 para. 8(6)(g) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(vii) (with Sch. 27); S.I. 2020/1236, reg. 2
F282
Words in Sch. 1 para. 8(6)(h) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(viii) (with Sch. 27); S.I. 2020/1236, reg. 2
F283
Words in Sch. 1 para. 8(6)(h) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(ix) (with Sch. 27); S.I. 2020/1236, reg. 2
F284
Sch. 1 para. 8(6)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(x) (with Sch. 27); S.I. 2020/1236, reg. 2
F285
Words in Sch. 1 para. 8(6)(j) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(xi) (with Sch. 27); S.I. 2020/1236, reg. 2
F286
Word in Sch. 1 para. 8(6)(j) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(c)(xii) (with Sch. 27); S.I. 2020/1236, reg. 2
F287
Words in Sch. 1 para. 8(8)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(d) (with Sch. 27); S.I. 2020/1236, reg. 2
F288
Sch. 1 para. 8(9)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3)(e) (with Sch. 27); S.I. 2020/1236, reg. 2
F289
Words in Sch. 1 para. 9(2)(a) substituted (1.12.2020) by The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F290
Words in Sch. 1 para. 9(4)(a) substituted (1.12.2020) by The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F291
Sch. 1 para. 9(10)(b) substituted (1.12.2020) by The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4)(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F292
Words in Sch. 1 para. 20(1) substituted (1.12.2020) by The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 149(5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F293
Words in Sch. 1 para. 20(1) inserted (1.12.2020) by The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 149(5)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F294
Words in Sch. 1 para. 20(1) substituted (1.12.2020) by The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 149(5)(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F295
Ss. 28A, 28B inserted (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 1(1), 3(2); S.I. 2020/1537, reg. 2
F296
S. 28(6A) inserted (4.1.2021) by Prisoners (Disclosure of Information About Victims) Act 2020 (c. 19), ss. 1(2), 3(2); S.I. 2020/1537, reg. 2
F297
Word in Sch. 1 para. 10(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(a)
F298
Word in Sch. 1 para. 10(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(i)
F299
Word in Sch. 1 para. 10(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(ii)
F300
Word in Sch. 1 para. 10(5)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(i)
F301
Word in Sch. 1 para. 10(5)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(ii)
F302
Word in Sch. 1 para. 11(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(a)
F303
Word in Sch. 1 para. 11(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(i)
F304
Word in Sch. 1 para. 11(4)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(i)
F305
Word in Sch. 1 para. 11(2)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(ii)
F306
Word in Sch. 1 para. 11(4)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 54(b)(ii)
F307
Words in s. 32ZA(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F308
Word in Sch. 1 para. 8(2)(a) substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 132(11)(a), 208(4)(p)
F309
Word in Sch. 1 para. 9(2)(a) substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 132(11)(b), 208(4)(p)
F310
Word in Sch. 1 para. 8(2)(a) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 12(2); S.I. 2015/778, art. 3, Sch. 1 para. 72
F311
Word in Sch. 1 para. 9(2)(a) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 12(3); S.I. 2015/778, art. 3, Sch. 1 para. 72
C53
S. 31A(3) applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(9)(10), 208(5)(o)
F312
Word in s. 32(5) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 139(1)(a), 208(1); S.I. 2022/520, reg. 5(o)
F313
Words in s. 31A(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(6), 208(5)(o)
F314
Words in s. 31A(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(2), 208(5)(o)
F315
S. 31A(3) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(3), 208(5)(o)
F316
Ss. 27A, 27B and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 128(1), 208(5)(l)
F317
S. 32ZB and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 139(1)(b), 208(1); S.I. 2022/520, reg. 5(o)
F318
S. 33A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(1)(b), 208(5)(p)
C54
S. 27A(4) modified (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 128(3), 208(5)(l) (with s. 128(4))
F319
S. 28(1A)(a)(b) substituted for words in s. 28(1A) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 128(2), 208(5)(l)
F320
S. 28(7)(c) and word omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(1)(a), 208(5)(p)
F321
S. 34(4) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(1)(c), 208(5)(p)
C55
S. 31A(4)-(4C) applied (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 138(7)(8), 208(5)(o)
C56
S. 32: power to amend conferred (29.6.2022) by 2012 c. 10, s. 128(3)(aa) (as inserted by Criminal Justice and Courts Act 2015 (c. 2), ss. 11(3), 95(1); S.I. 2022/716, art. 2)
F322
S. 32(5A) inserted (29.6.2022) by Criminal Justice and Courts Act 2015 (c. 2), ss. 11(2), 95(1) (with s. 11(5)); S.I. 2022/716, art. 2
F323
Words in s. 32ZA(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F324
Words in s. 32ZA(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F325
S. 32ZZA inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(5), 81(2); S.I. 2024/966, reg. 3(1)(a)
F326
S. 31(3A) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(2)(b), 81(2); S.I. 2024/966, reg. 3(1)(a)
F327
S. 31(3)(aa) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(2)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)
F328
S. 32(1A) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(4)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)
F329
S. 32(5B)-(5E) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(4)(b), 81(2); S.I. 2024/966, reg. 3(1)(a)
F330
S. 31A(4D)-(4H) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(d), 81(2); S.I. 2024/966, reg. 3(1)(a)
F331
S. 31A(6)(7) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(f), 81(2); S.I. 2024/966, reg. 3(1)(a)
F332
Words in s. 31A(5) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(e)(i), 81(2); S.I. 2024/966, reg. 3(1)(a)
F333
S. 31A(4) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(c), 81(2); S.I. 2024/966, reg. 3(1)(a)
F334
Word in s. 31A(2) substituted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(a), 81(2); S.I. 2024/966, reg. 3(1)(a)
F335
Word in s. 31A(3)(a) inserted (1.11.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(b)(i), 81(2); S.I. 2024/966, reg. 3(1)(a)
F336
S. 31A(3)(c) and word omitted (1.11.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(b)(ii), 81(2); S.I. 2024/966, reg. 3(1)(a)
F337
S. 31A(4A)-(4C) omitted (1.11.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(d), 81(2); S.I. 2024/966, reg. 3(1)(a)
F338
Words in s. 31A(5) substituted (1.11.2024 for specified purposes, 1.2.2025 in so far as not already in force) by Victims and Prisoners Act 2024 (c. 21), ss. 66(3)(e)(ii), 81(2); S.I. 2024/966, regs. 3(2), 4
F339
S. 28ZA inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 58(2), 81(2); S.I. 2025/95, reg. 3(a)
F340
Words in s. 28A(1) inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 58(3)(a), 81(2); S.I. 2025/95, reg. 3(a)
F341
Words in s. 28A(5) substituted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 58(3)(b), 81(2); S.I. 2025/95, reg. 3(a)
F342
Words in s. 28B(1) inserted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 58(4)(a), 81(2); S.I. 2025/95, reg. 3(a)
F343
Words in s. 28B(7) substituted (3.2.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 58(4)(b), 81(2); S.I. 2025/95, reg. 3(a)
C57
S. 28ZA: power to amend conferred (3.4.2025) by 2012 c.10, s. 128(3)(aza) (as inserted by Victims and Prisoners Act 2024 (c. 21), ss. 60(2)(a), 81(2); S.I. 2025/441, reg. 2(a))
F344
Ss. 32ZAA-32ZAC and cross-heading inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 61(1), 81(2); S.I. 2025/1325, reg. 2(e)
F345
S. 31(3)(ab) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 63(2), 81(2); S.I. 2025/1325, reg. 2(f)
F346
S. 31(3B) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 63(3), 81(2); S.I. 2025/1325, reg. 2(f)
F347
Words in s. 32ZB(1) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 61(2)(a), 81(2); S.I. 2025/1325, reg. 2(e)
F348
Words in s. 32ZB(3) inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 61(2)(b), 81(2); S.I. 2025/1325, reg. 2(e)
F349
S. 32ZAC(2A)(2B) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 43(3), 49(4) (with s. 43(8))
F350
Words in s. 32ZAC(1) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 43(2), 49(4) (with s. 43(8))
F351
Words in s. 32ZAC(3) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 43(4), 49(4) (with s. 43(8))
F352
Words in s. 32ZB(1) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 43(6), 49(4) (with s. 43(8))
F353
Words in s. 32ZB(2) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 43(7), 49(4) (with s. 43(8))

Crime (Sentences) Act 1997

F1Part I ¶

F1071 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

2 Mandatory life sentence for second serious offence.¶

I143 Minimum of seven years for third class A drug trafficking offence.¶

4 Minimum of three years for third domestic burglary.¶

I155 Appeals where previous convictions set aside.¶

I166 Certificates of convictions for purposes of Part I.¶

7 Offences under service law.¶

C9 Part II Effect of custodial sentences¶

Chapter I Determinate sentences¶

General¶

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Early release¶

F510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F712 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F813 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Additional days¶

F914 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Supervision after release¶

F1116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Special cases¶

F1419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1520 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1621 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1722 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1823 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2025 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Supplemental¶

F2126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

C8 Chapter II Life sentences¶

Sentence of detention during Her Majesty’s pleasure: review of minimum term¶

27A Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review¶

27B Power of High Court to reduce minimum term¶

Release on licence¶

C1C4628 Duty to release certain life prisoners.¶

C5728ZA Public protection decisions¶

28A Murder or manslaughter: prisoner's non-disclosure of information¶

28B Indecent images: prisoner's non-disclosure of information¶

F12129 Power to release other life prisoners.¶

C330 Power to release life prisoners on compassionate grounds.¶

Licences and recall¶

C431 Duration and conditions of licences.¶

31A Imprisonment or detention for public protection: termination of licences¶

C6C5632 Recall of life prisoners while on licence.¶

32ZZA Imprisonment or detention for public protection: powers in relation to release of recalled prisoners¶

32ZA Offence of remaining unlawfully at large after recall¶

Referral of release decisions to High Court¶

32ZAA Referral of release decisions to High Court¶

32ZAB Specified offences¶

32ZAC Powers of the High Court¶

Release at the direction of Parole Board¶

32ZB Release at direction of Parole Board: timing¶

Persons liable to removal from the United Kingdom¶

32A Removal of prisoners liable to removal from United Kingdom¶

32B Re-entry into United Kingdom of offender removed from prison¶

Miscellaneous and supplemental¶

F12433 Life prisoners transferred to England and Wales.¶

33A Life prisoners also serving fixed-term sentence¶

C734 Interpretation of Chapter II.¶

Part III Miscellaneous and supplemental¶

Community sentences¶

I135 Fine defaulters: general.¶

F3636 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F3737 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F3838 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Driving disqualifications¶

F3939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

I240 Fine defaulters.¶

Transfer and repatriation of prisoners¶

41 Transfer of prisoners within the British Islands.¶

42 Repatriation of prisoners to the British Islands.¶

^F1Part I ¶

^F1071 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I143 Minimum of seven years for third class A drug trafficking offence.¶

^I155 Appeals where previous convictions set aside.¶

^I166 Certificates of convictions for purposes of Part I.¶

^C9 Part II Effect of custodial sentences¶

^F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F712 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F813 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F914 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1520 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1621 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1722 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1823 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2025 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^C8 Chapter II Life sentences¶

^C1^C4628 Duty to release certain life prisoners.¶

^C5728ZA Public protection decisions¶

^F12129 Power to release other life prisoners.¶

^C330 Power to release life prisoners on compassionate grounds.¶

^C431 Duration and conditions of licences.¶

^C6^C5632 Recall of life prisoners while on licence.¶

^F12433 Life prisoners transferred to England and Wales.¶

^C734 Interpretation of Chapter II.¶

^I135 Fine defaulters: general.¶

^F3636 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3737 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3838 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I240 Fine defaulters.¶

^F4143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F4244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^C1046 Power to make hospital and limitation directions.¶

^F4350 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F4451 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F12652 Increased penalty for offence of indecency with children.¶

^I3^E155 Minor and consequential amendments.¶

^I556 Transitional provisions, savings and repeals.¶

^P157 Short title, commencement and extent.¶

^C39^C40 SCHEDULE 1 ¶

^C22Part I Powers of transfer¶

^C34 Part II Effect of transfers¶