Crime (Sentences) Act 1997 (c. 43)

SCHEDULES

SCHEDULE 1 U.K. Transfer of prisoners within the British Islands

Modifications etc. (not altering text)

C1 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

C2 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

Part III U.K. Supplemental

Prisoners unlawfully at large U.K.

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

(a) section 49(1) [F1 and (5)] of the M1 Prison Act 1952;

(b) section 40(1) of the M2 Prisons (Scotland) Act 1989; and

(c) section 38(1) of the M3 Prison 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

(b) 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.

[F2 (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.]

Textual Amendments

F1 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)

F2 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)

Modifications etc. (not altering text)

C3 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

C4 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

Marginal Citations

M1 1952 c.52.

M2 1989 c.45.

M3 1953 c.18 (N.I.).

Subsequent sentence in case of transferred prisoners U.K.

18 (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— U.K.

(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.

Modifications etc. (not altering text)

C5 Sch. 1 para. 18 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2

Application to the Isle of Man U.K.

19 (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. U.K.

(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.

Modifications etc. (not altering text)

C6 Sch. 1 para. 19 extended (31.7.1998) by 1998 c. 37, s. 121(12).

C7 Sch. 1 para. 19 power modified (13.3.2014) by Offender Rehabilitation Act 2014 (c. 11), ss. 22(2), 23(6)

C8 Sch. 1 para. 19 modified (12.2.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 95(1), 97(1)

[F3 Service of process issued in Scotland U.K.

Textual Amendments

F3 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)

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. U.K.

(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 U.K.

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. U.K.

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

Interpretation U.K.

20 (1) In this Schedule— U.K.

• [F4 "detention and training order” includes an order under section 211 of the Armed Forces Act 2006;]

• “prison”, unless the context otherwise requires, includes [F5 any accommodation which is youth detention accommodation (within the meaning given by [F6 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 [F7 (except a sentence of service detention within the meaning of the Armed Forces Act 2006)] and a sentence of custody for life under [F8 section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000] [F9 or section 272 or 275 of the Sentencing Code], and cognate expressions shall be construed accordingly;

• [F10 “supervision” means—

  (a)

  supervision under an order made for the purpose,

  (b)

  supervision under a detention and training order,

  (c)

  in the case of a person released from prison on licence, supervision under a condition contained in the licence,

  (d)

  supervision under section 256AA of the Criminal Justice Act 2003 (supervision after end of sentence), including supervision under that section as applied by [F11 section 247 of the Sentencing Code], or

  (e)

  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.

Textual Amendments

F4 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

F5 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)

F6 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

F7 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

F8 Words in Sch. 1 para. 20(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 186(5)

F9 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

F10 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)

F11 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