The Transfer of Offenders (Designation of Equivalent Sentences) (Amendment) Order 1988

• Citation: S.I. 1988/1654
• Sections: 3

Section 1

(1) This Order may be cited as the Transfer of Offenders (Designation of Equivalent Sentences) (Amendment) Order 1988 and, subject to article 3 thereof, this Order shall come into force on 1st October 1988.

(2) In this Order, “the 1983 Order” means the Transfer of Offenders (Designation of Equivalent Sentences) Order 1983 .

Section 2

Schedule 1 to the 1983 Order shall be amended as follows:

(a) without prejudice to paragraph (f) below, for each reference to a youth custody sentence under section 6 of the Criminal Justice Act 1982 there shall be substituted a reference to detention in a young offender institution under section 1A of the Criminal Justice Act 1982 ;

(b) In Part I, the entry in column 1 “Detention centre order under section 4 of the Criminal Justice Act 1982” and the entries in column 2 specifying in relation to it equivalent sentences in Scotland, Northern Ireland and Jersey, shall be omitted;

(c) In Part II, the entry in column 1 “Borstal training”, and the entries in column 2 specifying in relation to equivalent sentences in England and Wales, Northern Ireland, the Channel Islands and the Isle of Man, shall be omitted;

(d) In Part II, in the entry in column 2 specifying an equivalent sentence in England and Wales to a sentence of detention in a detention centre (which is specified in column 1) for the words “a detention centre order under section 4” there shall be substituted the words “detention in a young offender institution under section 1A”;

(e) In Part III, in paragraph (b) of the entry in column 2 specifying an equivalent sentence in England and Wales to imprisonment for a determinate period (which is specified in column 1) the words “not less than 15 but” shall be omitted;

(f) In Part III, for the entry in column 2 specifying an equivalent sentence in England and Wales to detention in a young offenders centre (which is specified in column 1) there shall be substituted the following:

“In England and Wales, detention in a young offender institution under section 1A of the Criminal Justice Act 1982 for the like term”;

(g) Any reference to imprisonment in the Isle of Man, except any reference to imprisonment for life, shall be construed as a reference to imprisonment or youth custody.

Section 3

With effect from the day appointed under section 171(1) of the Criminal Justice Act 1988 for the coming into force of Section 124 of that Act, the entry in column 1 of Part II of Schedule 1 to the 1983 Order “Detention in a detention centre” and the entries in column 2 specifying in relation to it equivalent sentences in England and Wales, Northern Ireland and Jersey, shall be omitted, and, accordingly, on that day article 2(d) of this Order shall cease to have effect.