Crime (Sentences) Act 1997

Supplemental U.K.

53 Financial provisions. E+W

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. E+W

(1) In this Act—

• “the 1933 Act” means the M1 Children and Young Persons Act 1933;

• “the 1969 Act” means the M2 Children and Young Persons Act 1969;

• “the 1973 Act” means the M3 Powers of Criminal Courts Act 1973;

• “the 1980 Act” means the M4 Magistrates’ Courts Act 1980;

• “the 1982 Act” means the M5 Criminal Justice Act 1982;

• “the 1983 Act” means the M6 Mental Health Act 1983;

• “the 1991 Act” means the M7 Criminal Justice Act 1991.

(2) Any reference in this Act to the commencement of Chapter I of Part II of this Act is a reference to the commencement of the provisions of that Chapter other than sections 9, 20 and 21 above.

(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.

Marginal Citations

M1 1933 c.12.

M2 1969 c.54.

M3 1973 c.62.

M4 1980 c.43.

M5 1982 c.48.

M6 1983 c.20.

M7 1991 c.53.

55 Minor and consequential amendments. U.K.

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

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

(a) a sentence falls to be imposed under subsection (2) of section 2, 3 or 4 above if it is required by that subsection [F1 and] in any case where the court is not of the opinion there mentioned; and

(b) a sentence falls to be imposed under subsection (3A) of section 70 of the M8 Army Act 1955 or the M9 Air Force Act 1955 or subsection (1A) of section 42 of the M10 Naval Discipline Act 1957 if it is required by that subsection [F1 and]in any case where the court-martial is not of the opinion there mentioned.

Textual Amendments

F1 Words in s. 55(2)(a)(b) substituted (E.W.) (prosp.) by 1998 c. 37, ss. 106, 121, Sch. 7 para. 54

Commencement Information

I1 S. 55 not in force at Royal Assent, see s. 57(2). S. 55(1)(2)(b) (and 55(2)(a) so far as relating to sentences falling to be imposed under ss. 2(3) or 3(2)) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(l), otherwise not in force.

Marginal Citations

M8 1955 c.18.

M9 1955 c.19.

M10 1957 c.53.

56 Transitional provisions, savings and repeals. U.K.

(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 M11 Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I2 S. 56(1)(2) in force at 1.10.1997 for specified purposes by S.I. 1997/2200, art. 2(1)

Marginal Citations

M11 1978 c.30.

57 Short title, commencement and extent. E+W

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

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

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

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

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

(a) section 41 and Schedule 1; and

(b) section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the M12 Criminal Justice Act 1961.

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

(a) section 45;

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

(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 this Act in so far as it—

(a) confers a power or imposes a duty on a court-martial or a Standing Civilian Court; or

(b) amends any provision of the M13 Army Act 1955, the M14 Air Force Act 1955 or the M15 Naval Discipline Act 1957

[F2 or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial].

Subordinate Legislation Made

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

Textual Amendments

F2 Words in s. 57(8) inserted (retrospectively) by 2000 c. 43, s. 74, Sch. 7 para. 142

Modifications etc. (not altering text)

C1 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).

Marginal Citations

M12 1961 c.39.

M13 1955 c.18.

M14 1955 c.19.

M15 1957 c.53.