Search Legislation

Advanced Search

Crime (Sentences) Act 1997

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime (Sentences) Act 1997. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  1. Introductory Text

  2. Part I

    1. 1. Conditions relating to mandatory and minimum custodial sentences.

    2. 2. Mandatory life sentence for second serious offence.

    3. 3. Minimum of seven years for third class A drug trafficking offence.

    4. 4. Minimum of three years for third domestic burglary.

    5. 5. Appeals where previous convictions set aside.

    6. 6. Certificates of convictions for purposes of Part I.

    7. 7. Offences under service law.

  3. Part II Effect of custodial sentences

    1. Chapter I Determinate sentences

      1. General

        1. 8. Time to be served.

        2. 9. Crediting of periods of remand in custody.

        3. 9A. Provision supplementary to section 9.

      2. Early release

        1. 10. Early release on compassionate grounds.

        2. 11. Award of early release days for good behaviour.

        3. 12. Early release on Parole Board recommendation.

        4. 13. Provisional early release days for remand prisoners.

      3. Additional days

        1. 14. Award of additional days for disciplinary offences.

        2. 15. Provisional additional days for remand prisoners.

      4. Supervision after release

        1. 16. Release supervision orders.

        2. 17. Breach of conditions of release supervision order.

        3. 18. Powers of arrest and search warrants.

      5. Special cases

        1. 19. Young offenders.

        2. 20. Sexual offenders.

        3. 21. Violent offenders.

        4. 22. Mentally disordered offenders.

        5. 23. Fine defaulters and contemnors.

        6. 24. Persons liable to removal from the United Kingdom.

        7. 25. Persons extradited to the United Kingdom.

      6. Supplemental

        1. 26. Continuity of sentencing.

        2. 27. Interpretation of Chapter I.

    2. Chapter II Life sentences

      1. Sentence of detention during Her Majesty’s pleasure: review of minimum term

        1. 27A.Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review

        2. 27B.Power of High Court to reduce minimum term

      2. Release on licence

        1. 28. Duty to release certain life prisoners.

        2. 28A.Murder or manslaughter: prisoner's non-disclosure of information

        3. 28B.Indecent images: prisoner's non-disclosure of information

        4. 29. Power to release other life prisoners.

        5. 30. Power to release life prisoners on compassionate grounds.

      3. Licences and recall

        1. 31. Duration and conditions of licences.

        2. 31A.Imprisonment or detention for public protection: termination of licences

        3. 32. Recall of life prisoners while on licence.

        4. 32ZA.Offence of remaining unlawfully at large after recall

      4. Release at the direction of Parole Board

        1. 32ZB.Release at direction of Parole Board: timing

      5. Persons liable to removal from the United Kingdom

        1. 32A.Removal of prisoners liable to removal from United Kingdom

        2. 32B.Re-entry into United Kingdom of offender removed from prison

      6. Miscellaneous and supplemental

        1. 33. Life prisoners transferred to England and Wales.

        2. 33A.Life prisoners also serving fixed-term sentence

        3. 34. Interpretation of Chapter II.

  4. Part III Miscellaneous and supplemental

    1. Community sentences

      1. 35. Fine defaulters: general.

      2. 36. Fine defaulters under 25.

      3. 37. Persistent petty offenders.

      4. 38. Abolition of certain consent etc. requirements.

    2. Driving disqualifications

      1. 39. Offenders.

      2. 40. Fine defaulters.

    3. Transfer and repatriation of prisoners

      1. 41. Transfer of prisoners within the British Islands.

      2. 42. Repatriation of prisoners to the British Islands.

    4. Young offenders

      1. 43. Curfew orders.

      2. 44. Long term detention.

      3. 45. Publication of reports.

    5. Mentally disordered offenders

      1. 46. Power to make hospital and limitation directions.

      2. 47. Power to specify hospital units.

      3. 48. Offenders conditionally discharged from hospital.

      4. 49. Other amendments of the 1983 Act.

    6. Miscellaneous

      1. 50. Disclosure of pre-sentence reports.

      2. 51. Committals for sentence.

      3. 52. Increased penalty for offence of indecency with children.

    7. Supplemental

      1. 53. Financial provisions.

      2. 54. General interpretation.

      3. 55. Minor and consequential amendments.

      4. 56. Transitional provisions, savings and repeals.

      5. 57. Short title, commencement and extent.

  5. SCHEDULES

    1. SCHEDULE 1

      Transfer of prisoners within the British Islands

      1. Part I Powers of transfer

        1. Transfer of prisoners: general

          1. 1.(1) The Secretary of State may, on the application of—...

        2. Transfer of prisoners for trial

          1. 2.(1) If it appears to the Secretary of State that—...

        3. Transfer of prisoners for other judicial purposes

          1. 3.(1) If the Secretary of State is satisfied, in the...

        4. Transfer of supervision of released prisoners

          1. 4.(1) The Secretary of State may, on the application of...

        5. Conditions of transfers

          1. 5.(1) A transfer under this Part (other than a transfer...

        6. Conditions of transfer under paragraph 1(2A)

          1. 5A.(1) A transfer under paragraph 1(2A) shall have effect subject...

      2. Part II Effect of transfers

        1. Preliminary

          1. 6.(1) For the purposes of this Part of this Schedule,...

        2. Restricted transfers: general

          1. 7.(1) Where— (a) a person’s transfer under paragraph 1, 2...

        3. Restricted transfers from England and Wales to Scotland

          1. 8.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        4. Restricted transfers between England and Wales and Scotland: further provision about supervision default orders

          1. 8A.(1) This paragraph applies if— (a) a person's supervision is...

        5. Restricted transfers from England and Wales to Northern Ireland

          1. 9.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        6. Restricted transfers from Scotland to England and Wales

          1. 10.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        7. Restricted transfers from Scotland to Northern Ireland

          1. 11.(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or...

        8. Restricted transfers from Northern Ireland to England and Wales

          1. 12.(1) Where a person’s transfer under paragraph 1(1)(a) or (2A)(a),...

        9. Restricted transfers from Northern Ireland to Scotland

          1. 13.(1) Where a person’s transfer under paragraph 1(1)(a) or (2A)(a),...

        10. Restricted transfers between the United Kingdom and the Channel Islands

          1. 14.(1) Her Majesty may by Order in Council make, in...

        11. Unrestricted transfers: general

          1. 15.(1) Where a person’s transfer under paragraph 1(1)(a) or (2)(a),...

        12. Transfers ceasing to be restricted

          1. 16.Where a transfer under Part I of this Schedule ceases...

      3. Part III Supplemental

        1. Prisoners unlawfully at large

          1. 17.(1) The following enactments (relating to the arrest and return...

        2. Subsequent sentence in case of transferred prisoners

          1. 18.(1) The power of a court in any part of...

        3. Application to the Isle of Man

          1. 19.(1) Her Majesty may by Order in Council direct that...

        4. Service of process issued in Scotland

          1. 19A.(1) Section 4 of the Summary Jurisdiction (Process) Act 1881...

        5. Electronic monitoring in Scotland

          1. 19B.(1) Section 245C of the Criminal Procedure (Scotland) Act 1995...

        6. Interpretation

          1. 20.(1) In this Schedule— " detention and training order” includes...

    2. SCHEDULE 2

      Repatriation of prisoners to the British Islands

      1. Preliminary

        1. 1.Any reference in this Schedule to prisoners repatriated to any...

      2. Prisoners repatriated to England and Wales

        1. 2.. . . . . . . . . ....

        2. 3.. . . . . . . . . ....

        3. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Prisoners repatriated to Scotland

        1. 5.(1) This paragraph applies in relation to—

        2. 6.(1) This paragraph applies in relation to—

        3. 7.(1) This paragraph applies in relation to prisoners repatriated to...

        4. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. Prisoners repatriated to Northern Ireland

        1. 9.(1) This paragraph applies in relation to—

        2. 10.. . . . . . . . . ....

      5. Prisoners repatriated to the Islands

        1. 11.(1) This paragraph applies where any Order in Council under...

    3. SCHEDULE 3

      Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital

      1. Part I Amendments of the 1983 Act

        1. Transfers from England and Wales to Scotland

          1. 1.After section 80 of the 1983 Act there shall be...

        2. Transfers from England and Wales to Northern Ireland

          1. 2.After section 81 of the 1983 Act there shall be...

        3. Transfers from Northern Ireland to England and Wales

          1. 3.After section 82 of the 1983 Act there shall be...

        4. Transfers from England and Wales to the Islands

          1. 4.After section 83 of the 1983 Act there shall be...

        5. Transfers from the Islands to England and Wales

          1. 5.After section 85 of the 1983 Act there shall be...

      2. Part II Amendments of the 1984 Act

        1. Transfers from Scotland to England and Wales

          1. 6.. . . . . . . . . ....

        2. Transfers from Scotland to Northern Ireland

          1. 7.. . . . . . . . . ....

        3. Transfers from Northern Ireland to Scotland

          1. 8.. . . . . . . . . ....

        4. Transfers from the Islands to Scotland

          1. 9.. . . . . . . . . ....

        5. Transfers from Scotland to the Islands

          1. 10.. . . . . . . . . ....

    4. SCHEDULE 4

      Minor and consequential amendments

      1. Army Act 1955 (c.18)

        1. 1.(1) After subsection (3) of section 70 of the Army...

      2. Air Force Act 1955 (c.19)

        1. 2.(1) After subsection (3) of section 70 of the Air...

      3. Naval Discipline Act 1957 (c.53)

        1. 3.(1) After subsection (1) of section 42 of the Naval...

      4. Children and Young Persons Act 1963 (c.37)

        1. 4.After subsection (2) of section 16 of the Children and...

      5. Criminal Justice Act 1967 (c.80)

        1. 5.(1) In subsection (2) of section 56 of the Criminal...

      6. Criminal Appeal Act 1968 (c.19)

        1. 6.(1) In subsection (1) of section 50 of the Criminal...

      7. Immigration Act 1971 (c.77)

        1. 7.In subsection (4) of section 7 of the Immigration Act...

      8. Powers of Criminal Courts Act 1973 (c.62)

        1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Rehabilitation of Offenders Act 1974 (c.53)

        1. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. Magistrates’ Courts Act 1980 (c.43)

        1. 10.(1) In subsection (4A) of section 82 of the 1980...

      11. Criminal Justice Act 1982 (c.48)

        1. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      12. Mental Health Act 1983 (c.20)

        1. 12.(1) In subsection (1) of section 37 of the 1983...

      13. Criminal Justice Act 1988 (c.33)

        1. 13.At the end of subsection (2) of section 36 of...

      14. Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

        1. 14.In sub-paragraph (5) of paragraph 9 of Schedule 2 to...

      15. Criminal Justice Act 1991 (c.53)

        1. 15.(1) In subsection (1) of section 1 of the 1991...

      16. Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

        1. 16.(1) In section 10(4) of the Prisoners and Criminal Proceedings...

      17. Criminal Justice and Public Order Act 1994 (c.33)

        1. 17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. SCHEDULE 5

      Transitional provisions and savings

      1. Sentences for offences committed before the commencement of Chapter I of Part II

        1. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. Consecutive sentences for offences committed before and after that commencement

        1. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Concurrent sentences for offences committed before and after that commencement

        1. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. Crediting of periods of remand in custody

        1. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. Duty to release certain life prisoners

        1. 5.(1) In relation to any time before the commencement of...

      6. Life prisoners transferred to England and Wales

        1. 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. Recall of life prisoners while on licence

        1. 7.(1) Section 32(3) and (4) of this Act shall have...

      8. Transfers of prisoners: general

        1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Transfers of prisoners from England and Wales to Scotland

        1. 9.(1) In relation to any person serving a determinate custodial...

      10. Transfers of prisoners from England and Wales to Northern Ireland

        1. 10.(1) In relation to any person serving a determinate custodial...

      11. Transfers of prisoners from Scotland to England and Wales

        1. 11.(1) In relation to any prisoner sentenced on or after...

      12. Transfers of prisoners from Scotland to Northern Ireland

        1. 12.(1) In relation to any prisoner sentenced on or after...

      13. Interpretation

        1. 13.In this Schedule— “life prisoner” has the same meaning as...

    6. SCHEDULE 6

      Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: