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Crime (Sentences) Act 1997, Paragraph 8 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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8(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—U.K.
(a)regulations made under section 22 of the M1Prosecution 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.
(2)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—
[F1(a)sections 241, [F2243A] [F3to] [F4244A, ] [F5246 to [F6264B]] [F7, 267A and 267B] of [F8, and Schedules 19A, 20A and 20B to,] the 2003 Act (fixed-term prisoners) or, as the case may require, [F9sections 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 [F10, 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; [F11and]
F12(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(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.
(4)Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—
[F13(a)sections 241 [F14, 249 to [F15264B], 267A and 267B] of [F16, and Schedules 19A, 20A and 20B to,] the 2003 Act (fixed-term prisoners) or, as the case may require, [F17sections 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;
(aa)sections 62 [F18, 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; [F19and]
F20(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(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.
[F21(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”.]
[F21(6)Any provision of [F22sections 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 [F23youth 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)F24... any reference to the Secretary of State were a reference to the Scottish Ministers,
(c)any reference to an officer of a [F25provider 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 [F26section 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,
F27(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)[F28in 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,
[F29(fa)[F30section 242(6)] were omitted,]
(g)[F31section 242(7)] were omitted,
(h)[F32in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2)] there were substituted—
“(1)Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under [F33section 242(4)(b)], the court may—
(a)issue a citation requiring the offender to appear before it at the time specified in the citation, or
(b)issue a warrant for the offender’s arrest.”,
(i)[F34paragraph 2(3) of Schedule 12 were omitted,]
(j)in [F35paragraph 3(11) of that Schedule], the reference to the Crown Court were a reference to the High Court of Justiciary] [F36, and]
[F37(k)paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.]
[F38(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.]
[F39(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 [F40section 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
[F41(c)section 247 of the Sentencing Code.]
(10)The references mentioned in sub-paragraph (8)(a) are—
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—
“(7A)Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied”,
(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 [F42section 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—
“(3A)Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.”]
Textual Amendments
F1Sch. 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)
F2Word 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)
F3Word 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)
F4Word 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
F5Words 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)
F6Word 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)
F7Words 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)
F8Words 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)
F9Words 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
F10Words 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)
F11Word 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)
F12Sch. 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)
F13Sch. 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)
F14Words 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)
F15Word 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)
F16Words 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)
F17Words 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
F18Words 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)
F19Word 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)
F20Sch. 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)
F21Sch. 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))
F22Words 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
F23Words 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)
F24Words 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
F25Words 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)
F26Words 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
F27Sch. 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
F28Words 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
F29Sch. 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)
F30Words 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
F31Words 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
F32Words 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
F33Words 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
F34Sch. 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
F35Words 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
F36Word 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
F37Sch. 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
F38Sch. 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)
F39Sch. 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)
F40Words 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
F41Sch. 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
F42Words 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
Modifications etc. (not altering text)
C1Sch. 1 para. 8(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).
C2Sch. 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
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