Criminal Law Act 1997

SECOND SCHEDULE

Amendment of Defence Act, 1954

1. In section 2 there shall be deleted—

( a) “the expression ‘military convict’ means a person under sentence of penal servitude passed by a court-martial;”, and

( b) “the expression ‘penal servitude prison’ means any prison or place in which a person convicted and sentenced to penal servitude by a civil court may be lawfully confined;”.

2. In section 40 (2) “military convict,” shall be deleted in each place where the words occur.

3. In section 50 (2) “penal servitude or” shall be deleted.

4. In sections 120 (3), 206 (1), 222, 223 (1), 223 (2), 223 (3), 223 (4), 230 and 240 (1) ( i) “penal servitude,” shall be deleted.

5. In sections 126 (2) (i), 127, 131, 135 (1) ( b), 145, 149, 151, 154 (1), 155 and 158, “imprisonment for a term not exceeding seven years” shall be substituted for “penal servitude”.

6. In sections 129, 130, 132, 135 (1) ( a), 169 (3) ( a) and 169 (3) ( b) “imprisonment for life” shall be substituted for “penal servitude”.

7. In section 192 (2) ( d) “for a term of two years” shall be inserted after “ imprisonment” in place of the words “for any term not exceeding two years” (inserted by paragraph 4 ( h) of the First Schedule to the Criminal Justice Act, 1990).

8. In section 208 (2) ( a) “, without hard labour,” shall be deleted and “or, in either case, to be fined” shall be inserted after “twenty-one days”.

9. In item A of the Scale in section 209 (1) (as amended by paragraph 4 ( j) of the First Schedule to the Criminal Justice Act, 1990) after “Imprisonment for life” there shall be inserted “or any specified period” and items B and C shall be deleted.

10. In section 209 (5) “penal servitude or” wherever occurring shall be deleted.

11. In item A of the Scale in section 210 (1) (as amended by paragraph 4 ( j) of the First Schedule to the Criminal Justice Act, 1990) after “Imprisonment for life” there shall be inserted “or any specified period” and items B and C shall be deleted.

12. In section 210 (6) “imprisonment for a term exceeding two years” shall be substituted for “imprisonment for life or penal servitude” wherever occurring.

13. In section 212 “be served concurrently with the term then unexpired of the former sentence and on completion of either sentence any balance of the other sentence shall be served” shall be substituted for “not exceed such term as will make up a period of two consecutive years including the term then unexpired of the former sentence”.

14. In section 223 (7) “penal servitude,” (where occurring after “is sentenced to”) and “, and where the sentence for such other offence is a sentence of penal servitude, then, whether or not that sentence is suspended, any previous sentence of imprisonment or detention which has been suspended shall be avoided” shall be deleted and “any sentences of” shall be substituted for “imprisonment or” (where occurring after “the aggregate term of”).

15. Sections 224 (2) ( c) (iii) and 228 shall be deleted.

16. In section 229 the following subsection shall be substituted for subsection (1):

“(1) Where a sentence of imprisonment is passed by a court-martial and confirmed, the military prisoner shall undergo sentence as follows:

( a) if the sentence is for a term exceeding two years, he or she shall, as soon as practicable, be committed to a public prison to undergo sentence;

( b) if the sentence is for a term not exceeding two years, he or she shall undergo sentence either in a military prison or detention barrack or in other service custody or in a public prison, or partly in one way and partly in another.”.

17. In section 229 (8) “, kept to hard labour” shall be deleted.

18. In section 234 “an offence” shall be substituted for “felony” and “, with or without hard labour,” shall be deleted.

19. In section 239 (1) “military convict or”, “convict or” and “convict,” and in section 239 (2) “a military convict or” shall be deleted.