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Schedule 3 - Release and supervision: minor and consequential provision

Part of Offender Rehabilitation Bill [Lords] – in a Public Bill Committee at 5:15 pm on 28th November 2013.

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‘Crime (Sentences) Act 1997 (c. 43)

A1 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

A2 (1) Paragraph 6 (effect of transfers: preliminary) is amended as follows.

(2) In sub-paragraph (2)(b), for “and possible recall following his release” substitute “, possible recall following release and any supervision default order”.

(3) In sub-paragraph (2)(c), for “and possible recall” substitute “, possible recall and any supervision default order”.

(4) In sub-paragraph (3), at the end insert—

(c) in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;

(d) in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.”

(5) In sub-paragraph (4), at the appropriate place insert—

““supervision default order” has the meaning given in section 268(1) of the 2003 Act;”.

A3 (1) Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 19A, 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(3) In sub-paragraph (4)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 19A, 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(4) In sub-paragraph (6)(f), for “paragraphs (b) and (c)” substitute “paragraph (c)”.

(5) At the end (after the sub-paragraph (7) inserted by section (Drug testing and appointments: offenders transferred within the British Islands) of this Act) insert—

“(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) with the modifications in sub-paragraph (11), and

(c) in a case falling within section 106B of the Powers of Criminal Courts (Sentencing) Act 2000, with the further modifications in sub-paragraph (12),

(and see also paragraphs 8A, 19A and 19B).

(9) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,

(b) the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and that Schedule, and

(c) section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.

(10) The references mentioned in sub-paragraph (8)(a) are—