Crime (Sentences) Act 1997

Changes over time for: Cross Heading: Restricted transfers from England and Wales to Northern Ireland

Version Superseded: 01/04/2005

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Point in time view as at 18/12/2003.

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Restricted transfers from England and Wales to Northern IrelandU.K.

9(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer—U.K.

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subject F2. . . 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 Northern Ireland.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—

(a)[F3sections 33 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F4sections 86, 102 to 104, 116 and 117 of the Powers of Criminal Courts (Sentencing) Act 2000]] or, as the case may require, sections 28 to 32 and 34 of this Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(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 that sentence had been an equivalent sentence passed by a court in Northern Ireland.

(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 Northern Ireland is a restricted transfer—

(a)[F5sections 37 to 40A, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and [F4sections 86, 103, 104, 116 and 117 of the Powers of Criminal Courts (Sentencing) Act 2000]] or, as the case may require, sections 31, 32 and 34 of this Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; 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 his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any provision of [F7Part II of the 1991 Act or] Part II of this Act which is applied by sub-paragraph (1), (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Table

Expression	Substituted expression
Community home	Training School
Information on oath	Complaint on oath
Prison rules	Rules made under section 13 of the M1Prison Act (Northern Ireland) 1953
Section 8 of the M2Police and Criminal Evidence Act 1984	Article 10 of the M3Police and Criminal Evidence (Northern Ireland) Order 1989
Social worker of a local authority social services department	Officer of a Board or an authorised Health and Social Services (HSS) Trust

[F8(7)Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if section 67 of the M4Criminal Justice Act 1967 or, as the case may require, [F4section 87 of the Powers of Criminal Courts (Sentencing) Act 2000] extended to Northern Ireland.

(8)Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (1), (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders centre.]

Textual Amendments

F1Sch. 1 para. 9(1)(a) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F2Words in Sch. 1 para. 9(1)(b) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(a), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F3Words in Sch. 1 para. 9(2)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(b); S.I. 1998/2327, art. 2(2)(oo).

F4Words in Sch. 1 para. 9(2)(4)(7) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 8 para. 186(4)

F5Words in Sch 1 para. 9(4)(a) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(c); S.I. 1998/2327, art. 2(2)(oo).

F6Sch. 1 para 9(5) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 135(4)(d), Sch. 10; S.I. 1998/2327, art. 2(2)(oo)(3)(x).

F7Words in Sch. 1 para. 9(6) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(e); S.I. 1998/2327, art. 2(2)(oo).

F8Sch. 1 para. 9(7)(8) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(4)(f); S.I. 1998/2327, art. 2(2)(oo).

Modifications etc. (not altering text)

C1Sch. 1 para 9(2)(4) modified (19.9.1998) by S.I. 1998/2327, art. 5(2)(c)(d).

Marginal Citations