Criminal Law Act 1977 (c. 45)

SCHEDULES

X1 SCHEDULE 9 E+W+S Matters Ancillary to Section 47

Editorial Information

X1 The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Miscellaneous (consequential) E+W

7 E+W [F1 Subject to section 60(1C) of the Criminal Justice Act 1967 (release on licence), where] a sentence of imprisonment is passed with an order under section 47(1) above, it is still to be regarded for all purposes as a sentence of imprisonment for the term stated by the court, notwithstanding that part of it is held in suspense by virtue of the order; and, for the avoidance of doubt, a sentence of which part is held in suspense by virtue of such an order is not to be regarded as falling within the expression “suspended sentence” for the purposes of any legislation, instrument or document.

Textual Amendments

F1 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 41

8 E+W Where an offender is sentenced to imprisonment with an order under section 47 above and, having served part of the sentence in prison, is discharged under section 25(1) of the M1 Prison Act 1952 (remission for industry and good conduct), the remainder of the sentence being held in suspense, the sentence is not to be regarded as expiring under that section.

Marginal Citations

M1 1952 c. 52.

9 E+W In section 21 of the M2 Firearms Act 1968 (prohibition on possession of firearms by persons previously convicted of crime), after subsection (2) there shall be inserted—

“(2A) For the purposes of section (2) above, “the date of his release”, in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977, is the date on which he completes service of so much of the sentence as was by that order required to be served in prison”.

Marginal Citations

M2 1968 c. 27.

10 E+W In section 67 of the M3 Criminal Justice Act 1967 (computation of sentence where offender has been previously in custody), in subsection (1), after “arose, but” there shall be inserted “(a)”, . . . F2 .

Textual Amendments

F2 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

Marginal Citations

M3 1967 c. 80.

11 E+W In section 1 of the M4 Rehabilitation of Offenders Act 1974 (general principle as to rehabilitation when conviction is spent), after subsection (2) there shall be inserted—

“(2A) Where in respect of a conviction a person has been sentenced to imprisonment with an order under under section 47(1) of the Criminal Law Act 1977, he is to be treated for the purposes of subsection (2) above as having served the sentence as soon as he completes service of so much of the sentence as was by thet order required to be served in prison”.

Marginal Citations

M4 1974 c. 53.