Criminal Justice Act 1967

MiscellaneousU.K.

65 Abolition of corporal punishment in prison.E+W

Corporal punishment shall not be inflicted in any prison or other institution to which the M1Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.

66

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)Section 15 of the said Act of 1952 (provision of separate buildings for male and female prisoners confined in the same prison) shall cease to have effect.

(3)For sections 30 to 32 of the said Act of 1952 (discharged prisoners aid societies and allowances and expenses for discharged prisoners) there shall be substituted the following section:—

“30 Payments for discharged prisoners.

The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine”

(4)Any statutory instrument containing rules made under section 47 of the said Act of 1952 (prison rules) shall be subject to annulment in pursuance of a resolution of either House of Parliament; and accordingly so much of section 52(2) of that Act as requires a draft of such an instrument to be laid before Parliament shall cease to have effect.

(5)In section 47(4) of that Act (duty to include in prison rules provisions for the special treatment of certain classes of prisoners), paragraphs (b) and (c) (persons convicted of sedition, etc., and appellants) shall cease to have effect, and at the end of paragraph (d) (miscellaneous prisoners) there shall be added the words “or a person committed to custody on his conviction”.

67Computation of sentences of imprisonment passed in England and Wales.E+W

(1)The length of any sentence of imprisonment imposed on an offender by a court shall be treated as reduced by any [F2relevant period, but where he][F3(a)] was previously subject to a probation order, [F4a community service order], an order for conditional discharge or a suspended sentence in respect of that offence, any such period falling before the order was made or suspended sentence passed shall be disregarded for the purposes of this section.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

[F6(1A)In subsection (1) above “relevant period” means—

(a)any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or

(b)any period during which he was in custody—

(i)by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or

(ii)by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.][F7or—

(c)any period during which, in connection with the offence for which the sentence was passed, he was [F8remanded [F9or committed] to local authority accommodation] by virtue of an order under section 23 of the Children and Young Persons Act 1969 [F10or section 37 of the Magistrates’ Courts Act 1980] and in accommodation provided for the purpose of restricting liberty.]

(2)For the purposes of this section a suspended sentence shall be treated as a sentence of imprisonment when it takes effect under [F11section 119 of the Powers of Criminal Courts (Sentencing) Act 2000] and as being imposed by the order under which it takes effect.

[F12(2A)Where a person is sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (sentences partly suspended), subsection (1) above—

(a)operates to reduce the part of the sentence required to be served in prison;

(b)operates to reduce the whole period of the sentence for the purposes of section 47(3) of that Act; but

(c)does not operate to reduce any part of the sentence which is ordered under section 47(1) of that Act to be held in suspense.

(2B)Where—

(a)an offender has been sentenced to imprisonment with an order under section 47(1) of that Act; and

(b)he has been released from prison after serving part of his sentence; and

(c)an order is subsequently made restoring part of his sentence.

the restored part shall for the purposes of this section be treated as a sentence of imprisonment imposed by the order restoring it (but shall not be reduced by any period spent in custody by the offender before the original sentence was passed).]

(3)No period of custody, other than a period which would have been taken into account before the commencement of this Act under section 17(2) of the Criminal Justice Administration Act 1962 (duration of sentence) for the purpose of reducing a term of imprisonment, shall be taken into account for the like purpose under this section unless it falls after the commencement of this Act.

(4)Any reference in this Act or any other enactment (whether passed before or after the commencement of this Act) to the length of any sentence of imprisonment shall, unless the context otherwise requires, be construed as a reference to the sentence pronounced by the court and not the sentence as reduced by this section.

[F13(5)This section applies—

(a)to sentences of detention in a young offender institution; F14. . .

(b)to determinate sentences of detention passed under [F11section 91 of the Powers of Criminal Courts (Sentencing) Act 2000]](sentences for serious indictable offences),

[F15(c)to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;]

as it applies to sentences of imprisonment.

(6)The reference in subsection [F16(1A)] above to an offender being committed to custody by an order of a court includes a reference to his being [F17[F18remanded or]]committed to a remand centre or to prison under [F19section 23 of the Children and Young Persons Act 1969 or] section 37 of the Magistrates’ Courts Act 1980 but does not include a reference to his being [F20remanded or committed to local authority accommodation] under the said section 23 [F21or 37].

[F22(7)A person is in police detention for the purposes of this section—

(a)at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and

(b)at any time when he is detained under [F23section 41 of the Terrorism Act 2000].

(8)No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.]

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W+S

69 Extension of enactments relating to persons sentenced to imprisonment or detention to young offenders sentenced to detention.U.K.

(1)In section 38(3) of the M2Criminal Justice Act 1961 (construction of references to imprisonment or detention and sentence) at the end there shall be added the following paragraph—

“(c)any reference to a person serving a sentence of, or sentenced to, imprisonment or detention shall be construed as including a reference to a person who, under any enactment relating to children and young persons in force in any part of the United Kingdom or any of the Channel Islands or the Isle of Man, has been sentenced by a court to be detained for an offence and is liable to be detained in accordance with directions given by the Secretary of State, by the Minister of Home Affairs for Northern Ireland or by the Governor of the Isle of Man with the concurrence of the Secretary of State, and any other reference to a sentence of imprisonment or detention shall be construed accordingly.”

(2)In section 49 of the M3Prison Act 1952 F25. . .and section 38(2) of the M4Prison Act (Northern Ireland) 1953 (persons unlawfully at large) any reference to a person sentenced to imprisonment shall be construed as including a reference to any such person as is mentioned in the foregoing subsection.

70 Prisoner transferred from Scotland to England for security.E+W+S

(1)Where the Secretary of State, in the case of a person serving a sentence of imprisonment,. . . F26 in Scotland, is of the opinion that in the interests of security or of public safety that person ought to be transferred to a prison in England and Wales, he may make an order for his transfer to that prison:

(2)A person transferred to England and Wales or transferred back to Scotland under this section shall be treated for all purposes as if he had been transferred to England and Wales or, as the case may be, Scotland under section 26 of the M5Criminal Justice Act 1961.

71 Exercise of powers of release.E+W

Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act 1952 applies or from an approved school may be exercised notwithstanding that he is not for the time being detained in that institution or school and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that institution or school.

72 Power of magistrates to issue warrants for arrest of escaped prisoners and mental patients.U.K.

[F27(1)On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—

(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or

(b)a convicted mental patient liable to be retaken under [F28section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M6Mental Health (Scotland) Act 1960 or [F29Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody);

the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.

(2)Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3)[F30section 137 of the Mental Health Act 1983], section 105 of the M7Mental Health (Scotland) Act 1960 and [F31Article 131 of the Mental Health (Northern Ireland) Order 1986] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [F32the said Act of 1983], 1960 [F33or 1984 or the said Order of 1986] 1960 or 1961, as the case may be, to be so conveyed, kept or detained.

(4)In this section—

• “convicted mental patient” means a person liable after being convicted of an offence to be detained under [F34Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F35(Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F36or in pursuance of a hospital direction and a limitation direction][F37or a person liable to be detained under][F34section 38 of the said Act of 1983][F38or Article 45 of the Mental Health (Northern Ireland) Order 1986];

• “place of safety” has the same meaning as in [F34Part III of the said Act of 1983] or 1960 or Part III of the said [F39Order of 1986], as the case may be;

• “Prison Act” means the M8Prison Act 1952, the M9Prisons (Scotland) Act 1952 or the M10Prison Act (Northern Ireland) 1953, as the case may be.]

(5)Section 27 of the M11Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.