# Crime (Sentences) Act 1997, Paragraph 8

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 England and Wales to Scotland is a restricted transfer—
(a) regulations made under section 22 of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall apply to him in place of the corresponding provisions of the law of Scotland; but
(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Scotland is a restricted transfer—
(a) sections 241, 243A to 244A, 246 to 264B , 267A and 267B of , and Schedules ... 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa) sections 62 , 64 and 64A of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland; and
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Scotland.
(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4) Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—
(a) sections 241 , 249 to 264B, 267A and 267B of , and Schedules ... 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, section 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa) sections 62 , 64 and 64A of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland; and
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.
(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a relevant officer of such local authority as may be specified in the licence”.
(6) Any provision of sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—
(a) any reference to youth detention accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,
(b) ... any reference to the Secretary of State were a reference to the Scottish Ministers,
(c) any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,
(d) any reference to a youth court were a reference to a sheriff court,
(e) in section 242, any reference to a local justice area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,
(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) in section 242(2)(a), for sub-paragraph (ii) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,
(fa) section 242(6) were omitted,
(g) section 242(7) were omitted,
(h) in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) there were substituted—
“(1) Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under section 242(4)(b), the court may—
(a) issue a citation requiring the offender to appear before it at the time specified in the citation, or
(b) issue a warrant for the offender’s arrest.”,
(i) paragraph 2(3) of Schedule 12 were omitted,
(j) in paragraph 3(11) of that Schedule, the reference to the Crown Court were a reference to the High Court of Justiciary , and
(k) paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.
(7) Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(8) The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—
(a) as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever is opposite it in the second column of that Table,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(and see also paragraph 19A).
(9) In this paragraph “the supervision provisions” means—
(a) sections 256B to 256E of the 2003 Act,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) The references mentioned in sub-paragraph (8)(a) are—
TABLE
Reference
Substituted reference
Crown Court
High Court of Justiciary
Justice of the peace
Sheriff court
Local justice area
Local government area within the meaning of the Local Government etc (Scotland) Act 1994
Magistrates' court
Sheriff court
Officer of a provider of probation services
Relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
Summons
Citation
. . .
. . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/1997/43/schedule/1/paragraph/8 (the official version)
Page: https://openlegislation.uk/crime-sentences-act-1997/schedule-1/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.