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This section has effect for the purposes of setting out the basis on which the court shall carry out its sentencing functions under this Part.
Under section 2 below, when determining whether it would be appropriate not to impose a life sentence the court shall have regard to the circumstances relating to either of the offences or to the offender.
Under sections 3 and 4 below, when determining whether it would be appropriate not to impose a custodial sentence of at least seven years under section 3(2) or, as the case may be, of at least three years under section 4(2) the court shall have regard to the specific circumstances which—
relate to any of the offences or to the offender; and
would make the prescribed custodial sentence unjust in all the circumstances.
This section applies where—
a person is convicted of a serious offence committed after the commencement of this section; and
at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence.
The court shall impose a life sentence, that is to say— unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so.
where the person is 21 or over, a sentence of imprisonment for life;
where he is under 21, a sentence of custody for life under section 8(2) of the Criminal Justice Act 1982 (“the 1982 Act”),
Where the court does not impose a life sentence, it shall state in open court that it is of that opinion and what the exceptional circumstances are.
An offence the sentence for which is imposed under subsection (2) above shall not be regarded as an offence the sentence for which is fixed by law.
An offence committed in England and Wales is a serious offence for the purposes of this section if it is any of the following, namely—
an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;
an offence under section 4 of the Offences Against the Person Act 1861 (soliciting murder);
manslaughter;
an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);
rape or an attempt to commit rape;
an offence under section 5 of the Sexual Offences Act 1956 (intercourse with a girl under 13);
an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of the Firearms Act 1968; and
robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Act.
An offence committed in Scotland is a serious offence for the purposes of this section if the conviction for it was obtained on indictment in the High Court of Justiciary and it is any of the following, namely—
culpable homicide;
attempted murder, incitement to commit murder or conspiracy to commit murder;
rape or attempted rape;
clandestine injury to women or an attempt to cause such injury;
sodomy, or an attempt to commit sodomy, where the complainer, that is to say, the person against whom the offence was committed, did not consent;
assault where the assault—
is aggravated because it was carried out to the victim’s severe injury or the danger of the victim’s life; or
was carried out with an intention to rape or to ravish the victim;
robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of the Firearms Act 1968;
an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of that Act;
lewd, libidinous or indecent behaviour or practices; and
an offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under 13).
An offence committed in Northern Ireland is a serious offence for the purposes of this section if it is any of the following, namely—
an offence falling within any of paragraphs (a) to (e) of subsection (5) above;
an offence under section 4 of the Criminal Law Amendment Act 1885 (intercourse with a girl under 14);
an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the Firearms (Northern Ireland) Order 1981; and
robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.
This section applies where—
a person is convicted of a class A drug trafficking offence committed after the commencement of this section;
at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and
one of those other offences was committed after he had been convicted of the other.
The court shall impose a custodial sentence for a term of at least seven years except where the court is of the opinion that there are specific circumstances which—
relate to any of the offences or to the offender; and
would make the prescribed custodial sentence unjust in all the circumstances.
Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the specific circumstances are.
Where— the offence shall be triable only on indictment.
a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way); and
the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,
In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—
“class A drug” has the same meaning as in the Misuse of Drugs Act 1971;
“designated Commonwealth country” has the meaning given by section 5(1) of that Act.
In this section and section 4 below “custodial sentence” means—
in relation to a person who is 21 or over, a sentence of imprisonment;
in relation to a person who is under 21, a sentence of detention in a young offender institution.
This section applies where—
a person is convicted of a domestic burglary committed after the commencement of this section;
at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and
one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after the commencement of this section.
The court shall impose a custodial sentence for a term of at least three years except where the court is of the opinion that there are specific circumstances which—
relate to any of the offences or to the offender; and
would make the prescribed custodial sentence unjust in all the circumstances.
Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the specific circumstances are.
Where— the burglary shall be triable only on indictment.
a person is charged with a domestic burglary which, apart from this subsection, would be triable either way; and
the circumstances are such that, if he were convicted of the burglary, he could be sentenced for it under subsection (2) above,
In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.
This section applies where—
a sentence has been imposed on any person under subsection (2) of section 2, 3 or 4 above; and
any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal.
Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.
Where— the certificate shall be evidence, for the purposes of the relevant section, that he was convicted of such an offence on that date.
on any date after the commencement of this section a person is convicted in England and Wales of a serious offence, a class A drug trafficking offence or a domestic burglary; and
the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and
that court subsequently certifies that fact,
Where— the certificate shall be evidence, for the purposes of the relevant section, that the offence was committed on that day or over, or at some time during, that period.
after the commencement of this section a person is convicted in England and Wales of a class A drug trafficking offence or a domestic burglary; and
the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and
that court subsequently certifies that fact,
In this section—
“serious offence”, “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 2, 3 and 4 respectively; and
Where— the relevant section shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence.
a person has at any time been convicted of an offence under section 70 of the Army Act 1955 or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957; and
the corresponding civil offence (within the meaning of that Act) was a serious offence, a class A drug trafficking offence or a domestic burglary,
Subsection (3) of section 6 above applies for the purposes of this section as it applies for the purposes of that section.
Subject to the following provisions of this Chapter, a prisoner shall be released when he has served his sentence.
In this Chapter “prisoner” means any person who is sentenced to imprisonment for a term in respect of an offence committed after the commencement of this Chapter.
This section applies where—
a court sentences an offender to imprisonment for a term in respect of an offence committed after the commencement of this section; and
the offender has been remanded in custody in connection with the offence or a related offence, that is to say, any other offence the charge for which was founded on the same facts or evidence.
It is immaterial for that purpose whether the offender—
has also been remanded in custody in connection with other offences; or
has also been detained in connection with other matters.
Subject to subsection (4) below, the court shall direct that the number of days for which the offender was remanded in custody in connection with the offence or a related offence shall count as time served by him as part of the sentence.
Subsection (3) above shall not apply if and to the extent that—
rules made by the Secretary of State so provide in the case of—
a remand in custody which is wholly or partly concurrent with a sentence of imprisonment; or
sentences of imprisonment for consecutive terms or for terms which are wholly or partly concurrent; or
it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.
Where the court gives a direction under subsection (3) above, it shall state in open court—
the number of days for which the offender was remanded in custody; and
the number of days in relation to which the direction is given.
Where the court does not give a direction under subsection (3) above, or gives such a direction in relation to a number of days less than that for which the offender was remanded in custody, it shall state in open court—
that its decision is in accordance with rules made under paragraph (a) of subsection (4) above; or
that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.
The power to make rules under subsection (4)(a) above shall be exercisable by statutory instrument; but no such rules shall be made unless a draft of the rules has been laid before and approved by a resolution of each House of Parliament.
For the purposes of this section a suspended sentence shall be treated as a sentence of imprisonment when it takes effect under section 23 of the Powers of Criminal Courts Act 1973 (“the 1973 Act”) and as being imposed by the order under which it takes effect.
References in this section to an offender being remanded in custody are references to his being—
held in police detention; or
remanded in or committed to custody by an order of a court.
A person is in police detention for the purposes of this section—
at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and
at any time when he is detained under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989.
The Secretary of State may at any time release a prisoner if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
Before releasing under subsection (1) above a prisoner who is serving a sentence of imprisonment for a term of three years or more, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.
This section applies where a prisoner is serving a sentence of imprisonment for a term of more than two months and less than three years.
For each initial assessment period, the prescribed person may award the prisoner such number of early release days, not exceeding twelve, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has attained the prescribed minimum standard.
For each subsequent assessment period, the prescribed person may award the prisoner—
such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has attained the prescribed minimum standard; and
such number of such days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has exceeded that standard.
Where at any time this section applies in place of section 12, 28 or 29 below because a sentence is set aside or varied on appeal, then, for each assessment period for the purposes of this section beginning before that time, the prescribed person shall assume, for the purposes of subsection (2) or (3) above, that the prisoner’s behaviour was such as to entitle him to the maximum number of early release days available under that subsection.
Where any early release days are awarded to a prisoner, any period which he must serve before becoming entitled to be released shall be reduced by the aggregate of those days; but nothing in this subsection shall entitle a prisoner to be released on the basis of an award before the day after that on which the award is made.
Prison rules may—
require determinations under this section to be made at prescribed times, and to be notified to the prisoners concerned in the prescribed manner; and
make provision for enabling prisoners to appeal against such determinations to prescribed persons.
The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such amendments as may be specified in the order; but no amendment so specified shall reduce—
the number of days specified in subsection (2) or (3)(a); or
the total number of days specified in subsection (3).
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section, in relation to a prisoner—
“assessment period” means—
the period of two months beginning with the day on which he was sentenced; and
on conviction on indictment, so much of the release supervision period as falls after the day on which the offender failed to comply with the condition;
“combination order” and “curfew order” have the same meanings as in the 1991 Act;
This section applies where a prisoner is serving a sentence of imprisonment for a term of three years or more.
As soon as the prisoner has served five-sixths of his sentence, the Secretary of State shall, if recommended to do so by the Parole Board, release him.
This section applies where an accused is remanded in custody in connection with one or more offences—
which are alleged to have been committed after the commencement of this Chapter; and
in respect of which he would be liable, if convicted, to a life sentence or to imprisonment for a term of more than two months.
For the purpose of enabling early release days to be awarded on a provisional basis, subsections (2) and (3) of section 11 above shall have effect as if—
the accused had been convicted of, or of an offence related to, the offence or any of the offences, and had been sentenced to imprisonment for a term of more than two months and less than three years, on the day on which he was remanded in custody;
any days falling after that day for which he is not remanded in custody were disregarded; and
references in that section to periods of two months were references to periods of 60 days.
Subsections (4) to (6) below shall apply if, and only if, each of the following conditions is fulfilled, namely—
the accused is convicted of, or of an offence related to, the offence or any of the offences;
he is sentenced to imprisonment for a term of more than two months and less than three years; and
a direction is given under section 9 above.
For the purposes of section 11(5) above, any early release days provisionally awarded under subsection (2) above shall be treated as early release days awarded on the day on which the direction under section 9 above is given.
For the purpose of securing that any days for which the accused was remanded in custody are taken into account in determining assessment periods for the purposes of section 11 above, that section shall have effect as if—
the accused had been convicted and sentenced on the day on which he was remanded in custody;
any days which fell before the day on which he was sentenced, and for which he was not remanded in custody, were disregarded; and
references to periods of two months, in their application to periods beginning before that day, were references to periods of 60 days.
If the direction under section 9 above is given in relation to a number of days less than that for which the accused was remanded in custody—
subsection (4) above shall have effect as if the reference to any early release days provisionally awarded under subsection (2) above were a reference to the appropriate proportion of those days (rounded up to the nearest whole day); and
subsection (5) above shall have effect as if the reference to days for which he was not remanded in custody included a reference to the complementary proportion of the days for which he was so remanded (rounded down to the nearest whole day).
Where for any period the accused has been held in police detention, the prescribed person shall assume, for the purposes of section 11(2) and (3) above as modified by subsection (2) above, that during that period—
the prisoner had been in prison; and
his behaviour had attained, but not exceeded, the prescribed minimum standard for the purposes of that section.
In this section— and subsections (2), (9) and (10) of section 9 above shall apply for the purposes of this section as they apply for the purposes of that section.
“the appropriate proportion” means the proportion which the number of days in relation to which the direction under section 9 above is given bears to the number of days for which the accused was remanded in custody, and “the complementary proportion” shall be construed accordingly;
“life sentence” has the same meaning as in section 34 below;
Section 41.
The Secretary of State may, on the application of— make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there. Where— the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there. In this paragraph “appropriate institution”— Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.
If it appears to the Secretary of State that— should be transferred to another part of the United Kingdom or to any of the Channel Islands for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that other part or that island and for his removal to a prison or other institution there. If it appears to the Secretary of State that— should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there. Where a person has been transferred under sub-paragraph (1)(a) or (2)(a) above for the purpose of any proceedings, the Secretary of State may, if that person is not sentenced to imprisonment in those proceedings, make an order for his return to the country or island from which he was transferred under that sub-paragraph. Where a person has been transferred under sub-paragraph (1)(b) or (2)(b) above for the purpose of any proceedings, the Secretary of State may—
If the Secretary of State is satisfied, in the case of— that the attendance of that person at any place in that or any other part of the United Kingdom or in any of the Channel Islands is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place. If the Secretary of State is satisfied, in the case of— that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place. Where any person is directed under this paragraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison or other institution or place in which he is required in accordance with law to be detained.
The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any part of the United Kingdom, make an order for the transfer of his supervision to another part of the United Kingdom or to any of the Channel Islands, that is to say, an order— The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any of the Channel Islands, make an order for the transfer of his supervision to any part of the United Kingdom, that is to say, an order—
A transfer under this Part shall have effect subject to such conditions (if any) as the Secretary of State may think fit to impose. Subject to sub-paragraph (3) below, a condition imposed under this paragraph may be varied or removed at any time. Such a condition as is mentioned in paragraph 6(1)(a) below shall not be varied or removed except with the consent of the person to whom the transfer relates.
For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule— In this Part of this Schedule “the relevant purposes” means— In this paragraph “recall” means—
Where— is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred. Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.
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— 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— 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. Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer— Any provision of Part II of this Act which is applied by sub-paragraph (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. Expression Substituted expression Crown Court High Court of Justiciary Information on oath Evidence on oath Magistrates' court Sheriff Probation officer Relevant officer within the meaning given by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
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— 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 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. Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer— In sub-paragraph (2) above, the reference to section 11 of this Act includes a reference to any rules under section 47 of the Prison Act 1952 which prescribe a minimum standard of behaviour for the purposes of the said section 11. Any provision of 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. Expression Substituted expression Community home Training School Information on oath Complaint on oath Prison rules Rules made under section 13 of the Prison Act (Northern Ireland) 1953 Section 8 of the Police and Criminal Evidence Act 1984 Article 10 of the Police 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
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer— Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer— 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 is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct. Notwithstanding anything contained in sub-paragraph (2)(b) above, sections 16 to 18 of this Act shall not apply to a person whose transfer from Scotland to England and Wales is a restricted transfer. Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer— Any reference in— Any provision of Part I of the 1993 Act or Part III of the 1997 Act which is applied by sub-paragraph (2) or (5) 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. Expression Substituted expression Chief social work officer Chief social worker of a local authority social services department Young offenders institution Young offender institution
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer— Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland or Northern Ireland is a restricted transfer— 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 is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct. Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to Northern Ireland is a restricted transfer— Sub-paragraph (5) of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph. Any provision of Part I of the 1993 Act or Part III of the 1997 Act which is applied by sub-paragraph (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. Expression Substituted expression Chief social work officer Chief Officer of a Board or an authorised Health and Social Services (HSS) Trust Justices for a petty sessions area Probation Board for Northern Ireland Young offenders institution Young offenders centre
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject 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 England and Wales. Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer— 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. Where a transfer under paragraph 4(1) of a person’s supervision from Northern Ireland to England and Wales is a restricted transfer, subject 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 England and Wales. Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 or the Northern Ireland (Remission of Sentences) Act 1995 which is applied by sub-paragraph (2) 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. Expression Substituted Expression Complaint on oath Information on oath Court of summary jurisdiction Magistrates' court Prison rules Rules made under section 47 of the Prison Act 1952
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland is a restricted transfer, subject 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. Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer— 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. Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject 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. Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 or the Northern Ireland (Remission of Sentences) Act 1995 which is applied by sub-paragraph (2) 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. Expression Substituted Expression Complaint on oath Evidence on oath Court of summary jurisdiction Sheriff Crown Court High Court of Justiciary Prison rules Rules made under section 39 of the Prisons (Scotland) Act 1989 Probation officer Relevant officer within the meaning of section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
“related”, in relation to an offence, has the same meaning as in section 9 above;
Prison rules may include provision for the award of additional days to prisoners who are guilty of disciplinary offences.
Subject to subsection (3) below, where any additional days are awarded to a prisoner, and are not remitted in accordance with prison rules, any period which he must serve before becoming— shall be extended by the aggregate of those days.
entitled to be released under section 11 above; or
eligible to be released under section 12 above,
Nothing in subsection (2) above shall have the effect of extending any such period beyond the end of the prisoner’s sentence, taking into account for this purpose any days directed by the court to count as time served as part of that sentence.
This section applies where an accused is remanded in custody in connection with one or more offences—
which are alleged to have been committed after the commencement of this Chapter; and
in respect of which he would be liable, if convicted, to a life sentence or to imprisonment for a term of more than two months.
For the purpose of enabling additional days to be awarded on a provisional basis, prison rules made by virtue of section 14(1) above shall have effect as if the accused—
had been convicted of, or of an offence related to, the offence or any of the offences; and
had been sentenced to imprisonment for a term of more than two months, on the day on which he was remanded in custody.
Subsections (4) and (5) below shall apply if, and only if, each of the following conditions is fulfilled, namely—
the accused is convicted of, or of an offence related to, the offence or any of the offences;
he is sentenced to imprisonment for a term of more than two months; and
a direction is given under section 9 above.
For the purposes of section 14(2) and (3) above, any additional days provisionally awarded under subsection (2) above shall be treated as additional days awarded on the day on which the direction under section 9 above is given.
If the direction under section 9 above is given in relation to a number of days less than that for which the accused was remanded in custody, subsection (4) above shall have effect as if the reference to any additional days provisionally awarded under subsection (2) above were a reference to the appropriate proportion of those days (rounded up to the nearest whole day).
In this section— and subsections (2), (9) and (10) of section 9 above shall apply for the purposes of this section as they apply for the purposes of that section.
“the appropriate proportion” has the same meaning as in section 13 above;
This section applies where—
an offender who has been sentenced to imprisonment for a term of twelve months or more in respect of an offence committed after the commencement of this Chapter is released otherwise than under section 10 above;
an offender who has been so sentenced is released under that section; or
an offender who has been sentenced to imprisonment for a term of less than twelve months in respect of an offence committed after that commencement is released under that section.
On his release, the offender shall be subject to a release supervision order— and in applying paragraphs (b) and (c) above account shall be taken of any early release or additional days awarded to the offender before his release.
in a case falling within subsection (1)(a) above, for a period equal to 25 per cent of his term of imprisonment (rounded up to the nearest whole day) or a period of three months, whichever is the greater;
in a case falling within subsection (1)(b) above, for a period equal to the aggregate of the period mentioned in paragraph (a) above and the period mentioned in paragraph (c) below;
in a case falling within subsection (1)(c) above, for a period equal to so much of the remainder of his term as he would have been liable to serve but for his release under section 10 above;
The release supervision order, which shall be made by the Secretary of State, shall provide that, throughout the period for which the order is in force (“the release supervision period”), the offender, so long as he is at large—
shall be under the supervision of a probation officer; and
shall comply with such conditions as are for the time being specified in the order.
The Secretary of State—
shall not specify any condition which— except in accordance with recommendations of the Parole Board made after an oral hearing at which the offender had the opportunity to be heard or represented; and
requires the offender to live in an approved probation hostel; or
makes such provision as is made by a curfew order,
in the case of an offender who has been sentenced to imprisonment for a term of three years or more, shall not specify any other condition except in accordance with recommendations of that Board.
The Secretary of State may make rules for regulating the supervision under this section of any description of offenders.
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“curfew order” has the same meaning as in the Criminal Justice Act 1991 (“the 1991 Act”).
If any offender in respect of whom a release supervision order is in force fails without reasonable excuse to comply with any of the conditions of the order, he shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding the relevant period or a fine or both;
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding level 3 on the standard scale or both.
An offence under subsection (1) above shall not be triable on indictment unless—
the relevant period would be longer than six months; or
the act or omission in question constitutes another offence which is punishable with imprisonment and is triable on indictment.
A magistrates' court by which an offender is convicted of an offence under subsection (1) above which could have been tried on indictment may commit him in custody or on bail to the Crown Court for sentence; and the Crown Court to which he has been so committed may impose on him such a sentence as is mentioned in subsection (1)(a) above.
A court shall not impose a sentence of imprisonment under subsection (1) above unless—
it considers it expedient to do so in the interests of protecting the public from serious harm from the offender; or
the offender’s failure to comply with the condition in question consisted of the commission of an offence punishable with imprisonment.
Nothing in section 1 or 2 of the 1991 Act shall apply in relation to such a sentence; and nothing in section 6 of that Act shall prevent a court from dealing with the offender in respect of an offence under subsection (1) above in any one of the following ways, namely—
where the offender is 16 or over—
by making a community service order, probation order or combination order in respect of him; or
by making a curfew order in respect of him; or
by doing both of those things;
where the offender is under 18—
by making a supervision order in respect of him; or
by making both such an order and a curfew order in respect of him; and
where the case is one to which section 17 of the 1982 Act applies—
by making an order under that section requiring the offender to attend at an attendance centre; or
by making both such an order and a curfew order in respect of him.
In this section—
“community service order” and “probation order” have the same meanings as in the 1973 Act;
A constable may arrest without warrant any person whom he has reasonable grounds for suspecting to have committed an offence under section 17 above.
If a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person who is liable to be arrested under subsection (1) above is to be found on any premises, he may grant a warrant authorising any constable to enter, if need be by force, the premises named in the warrant for the purposes of searching for and arresting that person.
Section 8 of the Police and Criminal Evidence Act 1984 (power of justice to authorise entry and search of premises) shall have effect as if the reference in subsection (1) of that section to a serious arrestable offence included a reference to an offence under section 17 above.
Subject to the provisions of this section, this Chapter applies to— as it applies to an equivalent sentence of imprisonment.
a sentence of detention in a young offender institution; and
a determinate sentence of detention under section 53 of the Children and Young Persons Act 1933 (“the 1933 Act”),
References in this Chapter to prisoners, or to prison or imprisonment, shall be construed in accordance with subsection (1) above.
Section 9 above applies to periods of detention which offenders are liable to serve under secure training orders as it applies to sentences of imprisonment; and sections 9, 13 and 15 above apply to persons— as they apply to persons remanded in or committed to custody by an order of a court.
remanded or committed to local authority accommodation under section 23 of the 1969 Act or section 37 of the Magistrates' Courts Act 1980 (“the 1980 Act”); and
placed and kept in secure accommodation,
For each assessment period for the purposes of section 11 above during the whole or part of which the prisoner— the prescribed person shall assume, for the purposes of subsection (2) or (3) of that section, that the prisoner’s behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.
is under 16; or
is detained in local authority accommodation, or a home provided by the Secretary of State under section 82(5) of the Children Act 1989,
For each assessment period for the purposes of section 13 above during the whole or part of which the accused— the prescribed person shall assume, for the purposes of subsection (2) or (3) of section 11 above as modified by section 13(2) above, that the accused’s behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.
is under 16; or
is a person to whom section 9 applies by virtue of subsection (3) above,
In relation to a released offender who is under 22, section 16 above shall have effect as if—
in subsection (1), paragraph (c) and, in paragraph (a), the words “of twelve months or more” were omitted; and
in subsection (3)(a), the reference to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department.
Where a released offender who is under 18 and whose sentence was a determinate sentence of detention under section 53 of the 1933 Act commits an offence under section 17 above, the court may deal with him as if subsection (3) of section 53 applied; but no sentence of detention imposed by virtue of this subsection shall be for a term exceeding the relevant period within the meaning of section 17 above.
In relation to a released offender who is under 22 and whose sentence— section 17 above shall have effect as if the relevant period for the purposes of that section were a period of 30 days.
was a sentence of detention in a young offender institution, or a sentence of detention under section 53 of the 1933 Act, for a term of less than 12 months; and
was not imposed in respect of a sexual offence committed after the commencement of this Chapter,
Where an offender is released from a sentence of detention imposed under section 17 above as modified by subsection (8) above, he shall not be liable to a release supervision order in consequence of his conviction under that section.
In this section “secure accommodation” has the same meaning as in section 23 of the 1969 Act, and—
any reference to a sentence of detention in a young offender institution includes a reference to a sentence under a custodial order within the meaning of section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; and
any reference (however expressed) to a determinate sentence of detention under section 53 of the 1933 Act includes a reference to a sentence of detention under subsection (4) of section 71A of the Army Act 1955 or the Air Force Act 1955 or section 43A of the Naval Discipline Act 1957.
Subsection (2) below applies where—
there is released under this Chapter an offender who has been sentenced to imprisonment for a term in respect of a sexual offence committed after the commencement of this Chapter; and
the court by which he was so sentenced gave a direction under subsection (3) below.
Section 16 above shall have effect in relation to the offender as if—
in subsection (1), paragraph (c) and, in paragraph (a), the words “of twelve months or more” were omitted; and
for subsection (2) there were substituted the following subsection—
Where a court sentences an offender to imprisonment for a term in respect of a sexual offence committed after the commencement of this Chapter, it shall give a direction under this subsection unless it is of the opinion that there are exceptional circumstances which justify its not doing so.
Where the court does not give a direction under subsection (3) above, it shall state in open court that it is of that opinion and what the exceptional circumstances are.
A direction under subsection (3) above shall direct that the offender’s release supervision period shall be such period as is specified in the direction.
The period so specified shall be—
a period equal to 50 per cent of the offender’s term of imprisonment (rounded up to the nearest whole day) or a period of twelve months, whichever is the longer; or
if the court considers a longer period necessary for the purpose of preventing the commission by the offender of further offences and of securing his rehabilitation, such longer period, not exceeding ten years, as it may determine.
Subsection (2) below applies where—
there is released under this Chapter an offender who has been sentenced to imprisonment for a term of three years or more in respect of a violent offence committed after the commencement of this Chapter; and
the court by which he was so sentenced gave a direction under subsection (3) below.
Section 16 above shall have effect in relation to the offender as if for subsection (2) there were substituted the following subsection—
Where a court sentences an offender to imprisonment for a term of three years or more in respect of a violent offence committed after the commencement of this Chapter, it may give a direction under this subsection if it considers a longer release supervision period necessary for the purpose of preventing the commission by the offender of further offences and of securing his rehabilitation.
A direction under subsection (3) above shall direct that the offender’s release supervision period shall be such period, not more than 50 per cent of the offender’s term of imprisonment, as is specified in the direction.
In this section “violent offence” has the same meaning as in Part I of the 1991 Act.
Subject to subsection (3) below, sections 9 and 13 above apply to persons— as they apply to persons remanded in or committed to custody by an order of a court.
remanded to hospital under section 35 or 36 (remands to hospital) of the Mental Health Act 1983 (“the 1983 Act”);
admitted to hospital under section 38 of that Act (interim hospital orders); or
removed to hospital under section 48 of that Act (removal to hospital),
In the case of a prisoner who for any period is detained in a hospital under section 45A of the 1983 Act (power of courts to direct hospital admission), or under section 47 (removal of prisoners to hospital) and section 49 (restriction on discharge of prisoners removed to hospital) of that Act—
section 11 above shall apply as if references to the prescribed person in subsections (2) and (3) were references to the Secretary of State and subsection (6) were omitted; and
the Secretary of State shall assume, for the purposes of subsection (2) or (3) of that section as so modified, that during that period—
the prisoner had been in prison; and
his behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.
In the case of an accused who for any period is a person to whom section 13 above applies by virtue of subsection (1) above—
that section shall apply as if references to the prescribed person in section 11(2) and (3) above as modified by section 13(2) above were references to the Secretary of State; and
the Secretary of State shall assume, for the purposes of section 11(2) or (3) above as modified by section 13(2) above, that during that period—
the accused had been in prison; and
his behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.
Where, immediately before the expiration of his sentence, a prisoner is detained in a hospital under section 45A of the 1983 Act, or under section 47 and 49 of that Act, section 16 above shall have effect as if—
the prisoner had been released on the expiration of his sentence;
the reference in subsection (3)(a) to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department;
the reference in subsection (4)(a) to an approved probation hostel included a reference to any hostel or home whose residents are subject to supervision; and
subsection (4)(b) were omitted.
In this section references to the expiration of the prisoner’s sentence shall be construed in accordance with subsection (3) of section 50 of the 1983 Act (prisoners under sentence).
This Chapter (except sections 16 to 18 above) applies to persons committed to prison or to be detained under section 9 of the 1982 Act— as it applies to persons serving equivalent sentences of imprisonment; and references in this Chapter to prisoners, or to prison or imprisonment, shall be construed accordingly.
in default of payment of a sum adjudged to be paid by a conviction; or
for contempt of court or any kindred offence,
In relation to an offender who is liable to removal from the United Kingdom—
section 12 above shall have effect as if, in subsection (2), for the words “shall, if recommended to do so by the Parole Board,” there were substituted the word “may”; and
section 16 above shall have effect as if, in subsection (2), for the words “On his release, the offender shall” there were substituted the words “If the Secretary of State thinks fit, the offender shall, on his release,”.
An offender is liable to removal from the United Kingdom for the purposes of this section if—
he is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
he is liable to deportation under section 3(6) of that Act;
he has been notified of a decision to refuse him leave to enter the United Kingdom; or
he is an illegal entrant within the meaning of section 33(1) of that Act.
A prisoner is an extradited prisoner for the purposes of this section if—
he was tried for the offence in respect of which his sentence was imposed—
after having been extradited to the United Kingdom; and
without having first been restored or had an opportunity of leaving the United Kingdom; and
he was kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.
If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, this Chapter shall have effect in relation to him as if a number of days specified in the order were a number of days in relation to which a direction under section 9 above had been given.
The number of days that may be so specified is such number as in the opinion of the court is just in all the circumstances and does not exceed the number of days for which he was kept in custody as mentioned in subsection (1)(b) above.
In this section—
This section has effect for the purpose of securing that, where a person is sentenced to a term of imprisonment in respect of an offence— he serves approximately the same time in prison as he would have served if the offence had been committed immediately before that commencement.
to which this section applies; and
which is committed after the commencement of this Chapter,
Subject to sections 3(2) and 4(2) above, the court by which a person is so sentenced at any time shall impose a term which is equal to two-thirds of the term which, at that time, it would have considered to be appropriate if the offence had been so committed.
This section applies to any offence other than one—
which did not subsist, or was not punishable with imprisonment, immediately before the commencement of this Chapter; or
for which the maximum sentence of imprisonment that may be imposed has been varied after that commencement.
In this Chapter—
“court”, except in sections 9, 17 and 19 above, includes a court-martial and a Standing Civilian Court;
“prescribed” means prescribed by prison rules;
“sentence of imprisonment” does not include a committal— and cognate expressions shall be construed accordingly;
Subject to subsections (3) and (4) below, for the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which a person has been or could be sentenced, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
Subsection (4) below applies where—
an offender sentenced to two or more concurrent or consecutive terms of imprisonment is released from prison; and
a direction was given under section 20(3) or 21(3) above in respect of one or more of those terms.
The offender’s release supervision period shall be equal to the aggregate of the following, namely—
the period which would be applicable if he had been sentenced only to the term or terms in respect of which such a direction was given; and
the period which would be applicable if he had not been sentenced to the following, namely—
the term or terms mentioned in paragraph (a) above; and
so much of any other term as was concurrent with, or with any part of, the term or any of the terms so mentioned.
Any order, rules or prison rules made under or by virtue of this Chapter may make such incidental, supplemental and consequential provisions as may appear to the Secretary of State to be necessary or expedient.
A life prisoner is one to whom this section applies if—
the conditions mentioned in subsection (2) below are fulfilled; or
he was under 18 at the time when he committed the offence for which his sentence was imposed.
The conditions referred to in subsection (1)(a) above are—
that the prisoner’s sentence was imposed for an offence the sentence for which is not fixed by law; and
that the court by which he was sentenced for that offence ordered that this section should apply to him as soon as he had served a part of his sentence specified in the order.
A part of a sentence specified in an order under subsection (2)(b) above shall be such part as the court considers appropriate taking into account—
the seriousness of the offence, or the combination of the offence and other offences associated with it; and
the effect of any direction which it would have given under section 9 above if it had sentenced him to a term of imprisonment.
Where in the case of a life prisoner to whom this section applies the conditions mentioned in subsection (2) above are not fulfilled, the Secretary of State shall direct that this section shall apply to him as soon as he has served a part of his sentence specified in the direction.
As soon as, in the case of a life prisoner to whom this section applies— it shall be the duty of the Secretary of State to release him on licence.
he has served the part of his sentence specified in the order or direction (“the relevant part”); and
the Parole Board has directed his release under this section,
The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies unless—
the Secretary of State has referred the prisoner’s case to the Board; and
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board at any time— and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.
after he has served the relevant part of his sentence; and
where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and
where he is also serving a sentence of imprisonment or detention for a term, after the time when, but for his life sentence, he would be entitled to be released;
In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the Prison Act 1952.
An offence is associated with another for the purposes of this section if it is so associated for the purposes of Part I of the 1991 Act.
If recommended to do so by the Parole Board, the Secretary of State may, after consultation with the Lord Chief Justice together with the trial judge if available, release on licence a life prisoner who is not one to whom section 28 above applies.
The Parole Board shall not make a recommendation under subsection (1) above unless the Secretary of State has referred the particular case, or the class of case to which that case belongs, to the Board for its advice.
The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.
Where a life prisoner is released on licence, the licence shall, unless previously revoked under section 32(1) or (2) below, remain in force until his death.
A life prisoner subject to a licence shall comply with such conditions (which shall include on his release conditions as to his supervision by a probation officer) as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.
The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a life prisoner, or vary or cancel any such condition, except—
in the case of the inclusion of a condition in the licence of a life prisoner to whom section 28 above applies, in accordance with recommendations of the Parole Board; and
in any other case, after consultation with the Board.
For the purposes of subsection (3) above, the Secretary of State shall be treated as having consulted the Parole Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In relation to a life prisoner who is liable to removal from the United Kingdom (within the meaning given by section 24(2) above), subsection (2) above shall have effect as if the words in parentheses were omitted.
If recommended to do so by the Parole Board in the case of a life prisoner who has been released on licence under this Chapter, the Secretary of State may revoke his licence and recall him to prison.
The Secretary of State may revoke the licence of any life prisoner and recall him to prison without a recommendation by the Parole Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.
A life prisoner recalled to prison under subsection (1) or (2) above—
may make representations in writing with respect to his recall; and
on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.
The Secretary of State shall refer to the Parole Board—
the case of a life prisoner recalled under subsection (1) above who makes representations under subsection (3) above; and
the case of a life prisoner recalled under subsection (2) above.
Where on a reference under subsection (4) above the Parole Board— his immediate release on licence under this section, the Secretary of State shall give effect to the direction or recommendation.
directs in the case of a life prisoner to whom section 28 above applies; or
recommends in the case of any other life prisoner,
On the revocation of the licence of any life prisoner under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if— the court by which he was so sentenced would have ordered that section 28 above should apply to him as soon as he had served a part of his sentence specified in the certificate.
the prisoner’s offence had been committed after the commencement of this Chapter; and
he had been sentenced for it in England and Wales,
This section also applies where, in the case of a transferred life prisoner, the Secretary of State certifies his opinion that, if— the Secretary of State would have directed that section 28 above should apply to him as soon as he had served a part of his sentence specified in the certificate.
the prisoner’s offence had been committed after the commencement of this Chapter; and
he had been sentenced for it in England and Wales,
In a case to which this section applies, this Chapter except section 29(1) above shall apply as if—
the transferred life prisoner were a life prisoner to whom section 28 above applies; and
the relevant part of his sentence within the meaning of section 28 above were the part specified in the certificate.
In this section “transferred life prisoner” means a person—
on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and
who has been transferred to England and Wales, in pursuance of— there to serve his sentence or sentences or the remainder of his sentence or sentences.
an order made by the Secretary of State under paragraph 1 of Schedule 1 to this Act or section 2 of the Colonial Prisoners Removal Act 1884; or
a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984,
A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a life prisoner to whom section 28 above applies unless the requirements of subsection (1) or (2) above are satisfied as respects each of those sentences; and subsections (5) and (7) of section 28 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
In this Chapter “life prisoner” means a person serving one or more life sentences; but—
a person serving two or more such sentences shall not be treated as a life prisoner to whom section 28 above applies unless the requirements of section 28(1) above are satisfied as respects each of those sentences; and
subsections (5) and (7) of that section shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
In this section “life sentence” means any of the following imposed for an offence, whether committed before or after the commencement of this Chapter, namely—
a sentence of imprisonment for life;
a sentence of detention during Her Majesty’s pleasure or for life under section 53 of the 1933 Act; and
a sentence of custody for life under section 8 of the 1982 Act.
In this Chapter “court” includes a court-martial and “trial judge” includes a trial judge advocate; and in subsection (2) above—
the reference to section 53 of the 1933 Act includes a reference to subsections (3) and (4) of section 71A of the Army Act 1955 and the Air Force Act 1955 and section 43A of the Naval Discipline Act 1957; and
the reference to section 8 of the 1982 Act includes a reference to subsections (1A) and (1B) of those sections.
Subsection (2) below applies in any case where a magistrates' court—
has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates' court (other than a sum ordered to be paid under section 71 of the Criminal Justice Act 1988 or section 2 of the Drug Trafficking Act 1994); or
would, but for section 1 of the 1982 Act (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.
The magistrates' court may— in respect of the person in default instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders).
subject to subsections (4) to (6) and (11) below, make a community service order; or
subject to subsections (7) to (11) below, make a curfew order,
Where a magistrates' court has power to make an order under subsection (2)(a) or (b) above, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions, if any, as it thinks just.
In this section “community service order” has the same meaning as in the 1973 Act and— shall have effect in relation to an order under subsection (2)(a) above as they have effect in relation to an order in respect of an offender, but subject to the exceptions in subsection (5) below.
section 14(2) of that Act; and
so far as applicable, the other provisions of that Act relating to community service orders and the provisions of Part I of the 1991 Act so relating,
The following are the exceptions, namely—
the reference in section 14(1A)(a) of the 1973 Act to 40 hours shall be construed as a reference to 20 hours;
section 14(3) of that Act shall not apply;
the requirements in the order under subsection (2)(a) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends school or other educational establishment;
the power conferred by paragraph 3(1)(d) of Schedule 2 to the 1991 Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things; and
paragraph 3(2)(a) of that Schedule shall not apply.
In the case of an amount in default which is described in the first column of the following Table, the period of community service specified in an order under subsection (2)(a) above shall not exceed the number of hours set out opposite that amount in the second column of that Table. Amount Number of hours An amount not exceeding £200 40 hours An amount exceeding £200 but not exceeding £500 60 hours An amount exceeding £500 100 hours
In this section “curfew order” has the same meaning as in Part I of the 1991 Act and— shall have effect in relation to an order under subsection (2)(b) above as they have effect in relation to an order in respect of an offender, but subject to the exceptions in subsection (8) below.
section 12(5) of that Act; and
so far as applicable, the other provisions of that Part relating to curfew orders,
The following are the exceptions, namely—
the power conferred by paragraph 3(1)(d) of Schedule 2 to the 1991 Act to revoke the order and deal with an offender for the offence in respect of which the order was made shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things; and
paragraph 3(2)(a) of that Schedule shall not apply.
In the case of an amount in default which is described in the first column of the following Table, the number of days to which an order under subsection (2)(b) above relates shall not exceed the number of days set out opposite that amount in the second column of that Table. Amount Number of days An amount not exceeding £200 20 days An amount exceeding £200 but not exceeding £500 30 days An amount exceeding £500 but not exceeding £1,000 60 days An amount exceeding £1,000 but not exceeding £2,500 90 days An amount exceeding £2,500 180 days
A magistrates' court shall not make an order under subsection (2)(b) above in respect of a person who is under 16.
A magistrates court shall not make an order under subsection (2)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.
In subsection (11) above “the relevant area” means—
in relation to an order under subsection (2)(a) above, the area proposed to be specified in the order;
in relation to an order under subsection (2)(b) above, the area in which the place proposed to be specified in the order is situated.
Where an order has been made under subsection (2)(a) or (b) above for default in paying any sum— and the total number is so reduced if it is reduced by such number of complete hours or days as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.
on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;
on payment of a part of that sum to any such person, the total number of hours or days to which the order relates shall be reduced proportionately;
The Secretary of State may by order direct that subsection (5)(a), (6) or (9) above shall be amended by substituting for any number of hours or days there specified such number of hours or days as may be specified in the order.
The power to make an order under this section shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
In subsection (1) of section 17 of the 1982 Act (attendance centre orders), after paragraph (b) there shall be inserted the words or.
In subsection (5) of that section, after the words “under 21” there shall be inserted the words “or, as the case may be, 25”.
This section applies where—
a person is convicted of an offence by a magistrates' court or before the Crown Court;
the court is satisfied that each of the conditions mentioned in subsection (2) below is fulfilled; and
if it were not so satisfied, the court would be minded to impose a fine in respect of the offence.
The conditions are—
that one or more fines imposed on the offender in respect of one or more previous offences have not been paid; and
if a fine were imposed in an amount which was commensurate with the seriousness of the offence, the offender would not have sufficient means to pay it.
Notwithstanding anything in section 6 of the 1991 Act, the court may— in respect of the offender instead of imposing a fine.
subject to subsections (4) and (6) below, make a community service order; or
subject to subsections (5) and (6) below, make a curfew order,
Subsections (4) and (5) of section 35 above shall apply for the purposes of this section as they apply for the purposes of that section except that—
the reference in subsection (4) to subsection (2)(a) of that section shall be construed as a reference to subsection (3)(a) of this section;
paragraph (a) of subsection (5) shall not apply; and
the reference in paragraph (d) of that subsection to dealing with the person in respect of whom the order was made for his default in paying the sum in question shall be construed as a reference to dealing with the offender for the offence in respect of which the order was made.
Subsections (7), (8) and (10) of section 35 above shall apply for the purposes of this section as they apply for the purposes of that section except that the references in subsections (7) and (10) to subsection (2)(b) of that section shall be construed as references to subsection (3)(b) of this section.
A court shall not make an order under subsection (3)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.
In subsection (6) above “the relevant area” means—
in relation to an order under subsection (3)(a) above, the area proposed to be specified in the order;
in relation to an order under subsection (3)(b) above, the area in which the place proposed to be specified in the order is situated.
In subsection (6) of section 12A of the 1969 Act (young offenders), for paragraph (c) there shall be substituted the following paragraph—
The following provisions shall cease to have effect, namely—
in subsection (3) of section 2 of the 1973 Act (probation orders), the words from “and the court” to the end;
in subsection (2) of section 14 of that Act (community service orders), the words “the offender consents and”; and
in subsection (5) of section 12 of the 1991 Act (curfew orders), the words from “and the court” to the end.
A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless—
A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol unless—
Subject to subsections (2) and (3) below, the court by or before which a person is convicted of an offence may, in addition to or instead of dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2), or 4(2) above, subsection (1) above shall have effect as if the words “or instead of” were omitted.
A court shall not make an order under subsection (1) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him together with its counterpart.
The following provisions, namely— shall have effect as if the reference to section 44 of the 1973 Act included a reference to this section.
section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence etc.); and
section 27(3) of the Road Traffic Offenders Act 1988 (failure to produce driving licence),
In this section—
“driving licence” means a licence to drive a motor vehicle granted under Part III of that Act.
This section applies in any case where a magistrates' court—
has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates' court (other than a sum ordered to be paid under section 71 of the Criminal Justice Act 1988 or section 2 of the Drug Trafficking Act 1994); or
would, but for section 1 of the 1982 Act (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.
Subject to subsection (3) below, the magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.
A magistrates court shall not make an order under subsection (2) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
Where an order has been made under subsection (2) above for default in paying any sum— and the total number is so reduced if it is reduced by such number of complete weeks or months as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.
on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;
on payment of a part of that sum to any such person, the number of weeks or months to which the order relates shall be reduced proportionately;
The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
Subsections (4) to (6) of section 39 above shall apply for the purposes of this section as they apply for the purposes of that section.
Schedule 1 to this Act (which makes provision with respect to the transfer of prisoners within the British Islands) shall have effect.
Schedule 2 to this Act (which makes provision, including retrospective provision, with respect to prisoners repatriated to the British Islands) shall have effect.
In subsection (1) of section 12 of the 1991 Act (curfew orders), the words “of or over the age of sixteen years” shall cease to have effect.
After subsection (2) of that section there shall be inserted the following subsection—
After subsection (6) of that section there shall be inserted the following subsection—
In paragraph 3(1) of Schedule 2 to the 1991 Act (enforcement of community orders), for paragraph (c) there shall be substituted the following paragraph—.
In subsection (2)(a) of section 53 of the 1933 Act (long term detention of children and young persons for certain grave crimes), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—.
After subsection (4) of section 49 of the 1933 Act (restrictions on reports of proceedings in which children or young persons are concerned) there shall be inserted the following subsections—
Subsection (1) above shall not apply where the offence was committed before the commencement of this section.
After section 45 of the 1983 Act there shall be inserted the following sections—
Subject to subsection (2) below, any power to specify a hospital which is conferred by— includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.
section 37 of the 1983 Act (hospital orders);
section 45A of that Act (hospital and limitation directions);
section 47 of that Act (transfer directions); or
paragraph 1 of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (orders for admission to hospital),
In subsection (1) above—
paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);
paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); and
paragraph (d) shall not apply unless the court has given a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.
In this section—
“hospital”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;
“hospital unit” means any part of a hospital which is treated as a separate unit.
In this section—
the reference to paragraph 1 of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 includes a reference to subsection (1) of section 116B of the Army Act 1955 and the Air Force Act 1955 and section 63B of the Naval Discipline Act 1957; and
the reference to paragraph 2(1)(b) of that Schedule includes a reference to subsection (2) of those sections.
The 1983 Act and the 1984 Act shall have effect subject to the amendments specified in Schedule 3 to this Act, being amendments making provision with respect to transfers within the British Islands of responsibility for offenders conditionally discharged from hospital.
In this section and that Schedule “the 1984 Act” means the Mental Health (Scotland) Act 1984.
In subsection (5) of section 38 of the 1983 Act (interim hospital orders), for the words “six months” there shall be substituted the words “twelve months”.
In subsection (3) of section 41 of that Act (power of higher courts to restrict discharge from hospital), in paragraph (c)(ii), after the words “section 19 above” there shall be inserted the words “or in pursuance of subsection (3) of that section”.
In subsection (1) of section 47 of that Act (removal to hospital of persons serving sentences of imprisonment etc.), the words “(not being a mental nursing home)” shall cease to have effect.
In paragraph 5 of Part II of Schedule 1 to that Act (patients subject to hospital and guardianship orders)—
the word “and” immediately following sub-paragraph (a) shall cease to have effect; and
after sub-paragraph (b) there shall be inserted the words and
This section applies where a court obtains a pre-sentence report within the meaning of Part I of the 1991 Act.
Subject to subsections (3) and (4) below, the court shall give a copy of the report—
to the offender or his counsel or solicitor; and
to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.
If the offender is under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.
If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.
No information obtained by virtue of subsection (2)(b) above shall be used or disclosed otherwise than for the purpose of—
determining whether representations as to matters contained in the report need to be made to the court; or
making such representations to the court.
The power to make orders under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After section 38 of the 1980 Act there shall be inserted the following section—
In subsection (1) of section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child), for the words “two years” there shall be substituted the words “ten years”.
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.
In this Act—
“the 1933 Act” means the Children and Young Persons Act 1933;
“the 1969 Act” means the Children and Young Persons Act 1969;
“the 1973 Act” means the Powers of Criminal Courts Act 1973;
“the 1980 Act” means the Magistrates' Courts Act 1980;
“the 1982 Act” means the Criminal Justice Act 1982;
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.
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.
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.
For the purposes of any of those enactments as so amended—
a sentence falls to be imposed under subsection (2) of section 2, 3 or 4 above if it is required by that subsection in any case where the court is not of the opinion there mentioned; and
a sentence falls to be imposed under subsection (3A) of section 70 of the Army Act 1955 or the Air Force Act 1955 or subsection (1A) of section 42 of the Naval Discipline Act 1957 if it is required by that subsection in any case where the court-martial is not of the opinion there mentioned.
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 Interpretation Act 1978 (which relate to the effect of repeals).
The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Crime (Sentences) Act 1997.
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.
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.
Subject to subsections (5) to (8) below, this Act extends to England and Wales only.
The following provisions of this Act extend to Scotland, Northern Ireland and the Channel Islands, namely—
section 41 and Schedule 1; and
section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the Criminal Justice Act 1961.
The following provisions of this Act extend to Scotland, namely—
section 45;
paragraphs 1 and 5 to 8 of Schedule 2 and section 42 so far as relating to those paragraphs;
paragraphs 1 and 6 to 10 of Schedule 3 and section 48 so far as relating to those paragraphs;
paragraph 16 of Schedule 4 to this Act and section 55 so far as relating to that paragraph; and
paragraphs 9, 11 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.
The following provisions of this Act extend to Northern Ireland, namely—
paragraphs 1, 9 and 10 of Schedule 2 and section 42 so far as relating to those paragraphs;
paragraphs 2, 3, 7 and 8 of Schedule 3 and section 48 so far as relating to those paragraphs; and
paragraphs 10 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.
Nothing in subsection (4) above affects the extent of this Act in so far as it—
confers a power or imposes a duty on a court-martial or a Standing Civilian Court; or
amends any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.