Crime and Disorder Act 1998

107 Amendments to Chapter I of Part II of 1997 Act. E+W

(1) Chapter I of Part II of the 1997 Act (which relates to the effect of determinate custodial sentences) shall be amended as follows.

(2) Sections 8 and 10 to 27 are hereby repealed.

(3) After subsection (7) of section 9 (crediting of periods of remand in custody) there shall be inserted the following subsection—

“(7A) Such rules may make such incidental, supplemental and consequential provisions as may appear to the Secretary of State to be necessary or expedient.”

(4) After subsection (10) of that section there shall be inserted the following subsections—

“(11) In this section “sentence of imprisonment” does not include a committal—

(a) in default of payment of any sum of money other than one adjudged to be paid by a conviction;

(b) for want of sufficient distress to satisfy any sum of money; or

(c) for failure to do or abstain from doing anything required to be done or left undone;

and cognate expressions shall be construed accordingly.

(12) For the purposes of any reference in this section, however expressed, to the term of imprisonment to which a person has been sentenced, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—

(a) the sentences were passed on the same occasion; or

(b) where they were passed on different occasions, the person has not been released under Part II of the 1991 Act at any time during the period beginning with the first and ending with the last of those occasions.”

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

“9A Provision supplementary to section 9.

(1) Section 9 above applies to—

(a) a sentence of detention in a young offender institution; and

(b) a determinate sentence of detention under section 53 of the M1 Children and Young Persons Act 1933 (“the 1933 Act”),

as it applies to an equivalent sentence of imprisonment.

(2) Section 9 above applies to—

(a) persons remanded or committed to local authority accommodation under section 23 of the M2 Children and Young Persons Act 1969 (“the 1969 Act”) and placed and kept in secure accommodation; and

(b) persons remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the M3 Mental Health Act 1983 (“the 1983 Act”),

as it applies to persons remanded in or committed to custody by an order of a court.

(3) In this section “secure accommodation” has the same meaning as in section 23 of the 1969 Act.”

Commencement Information

I1 S. 107 wholly in force; S. 107 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1933 c.12.

M2 1969 c.54.

M3 1983 c.20.