# Crime (Sentences) Act 1997, Paragraph 11

Extent: E+W+S+N.I.

(1) 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—
(a) sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part 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 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) from Scotland to Northern Ireland is a restricted transfer—
(a) sections 1, 1AA, 1AB, 1A, 1B, 3, 3AA , 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 1(4), 2, 3, 6(1)(b)(i) and (iii), 11 to 13 and 17 of the 1993 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 his 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 is 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 Scotland to Northern Ireland is a restricted transfer—
(a) sections 1AA, 1A, 1B, 3AA , 3A, 11 to 13, 15 to 21, 26ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 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.
(5) Sub-paragraph (6) of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.
(6) Any provision of Part I of the 1993 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.
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
Officer of a local probation board appointed for or assigned to such petty sessions area or officer of a provider of probation services acting in such local justice area
Probation Officer appointed by the Probation Board for Northern Ireland

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Source: https://www.legislation.gov.uk/ukpga/1997/43/schedule/1/paragraph/11 (the official version)
Page: https://openlegislation.uk/crime-sentences-act-1997/schedule-1/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

