SCHEDULES
C13C14 SCHEDULE 1 Transfer of prisoners within the British Islands
Sch. 1 excluded (1.1.1998) by S.I. 1997/2200, art. 5(6)
Sch. 1 excluded (18.9.1998) by S.I. 1998/2251, art. 16(5).
Sch. 1 excluded (1.9.2001) by 2001 c. 17, s. 42(5) (with s. 78); S.I. 2001/2161, art. 2
Sch. 1 extended (1.9.2001) by 2001 c. 17, s. 46(1) (with s. 78); S.I. 2001/2161, art. 2
C12 Part II Effect of transfers
Sch. 1 Pt. II excluded (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(1); S.I. 1998/1858, art.2.
Preliminary
C16
1
For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule—
a
is a restricted transfer if it is subject to a condition that the person to whom it relates is to be treated for the relevant purposes as if he were still subject to the provisions applicable for those purposes under the law of the place from which the transfer is made; and
b
is an unrestricted transfer if it is not so subject.
2
In this Part of this Schedule “the relevant purposes” means—
a
in relation to the transfer of a person under paragraph 1(1)(a) or (2)(a) F24or (2A)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above, the purposes of his remand in custody and, where applicable, the purposes of his detention under and release from any sentence of imprisonment that may be imposed;
b
in relation to the transfer of a person under paragraph 1(1)(b) or (2)(b) F25or (2A)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above, the purposes of his detention under and release from his sentence and, where applicable, the purposes of his supervision F75, possible recall following release and any supervision default order; and
c
in relation to the transfer of a person’s supervision under paragraph 4(1) or (2) above, the purposes of his supervision F77, possible recall and any supervision default order.
3
In this paragraph “recall” means—
a
in relation to a person who is supervised in pursuance of an order made for the purpose, being sentenced to imprisonment, or being recalled to prison, for a breach of any condition of the order;
F1aa
in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under F97section 242(2)(b) of the Sentencing Code;
b
in relation to a person who is supervised in pursuance of a condition contained in a licence, being F2recalled or returned to prison, whether for a breach of any condition of the licence or otherwise.
F76c
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.
F304
Restricted transfers: general
C2C37
1
Where—
a
a person’s transfer under paragraph 1, 2 or 3 above; or
b
a transfer under paragraph 4 above of a person’s supervision,
is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred.
F521A
An order for the transfer of a person or a person’s supervision back to the country from which he or it was transferred shall be made by the Department of Justice in Northern Ireland if the transfer of the person or, as the case may be, the transfer of his supervision was the subject of an order or direction made by the Department of Justice.
2
Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.
F532A
Where a transfer under paragraph 1 or 2 is the subject of an order made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (2) to the Secretary of State must be read as a reference to the Department of Justice.
Restricted transfers from England and Wales to Scotland
8
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 M1Prosecution 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.
C42
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—
F33a
sections 241, F58243AF129toF131244A, F43246 to F78264BF59, 267A and 267B of F79, and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F98sections 241, 242 and 247 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
F60ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C44
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—
F34a
sections 241 F61, 249 to F80264B, 267A and 267B of F81, and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F99sections 242 and 247 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
F62ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F325
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”.
C15F326
Any provision of F100sections 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 F44youth 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
F106... any reference to the Secretary of State were a reference to the Scottish Ministers,
c
any reference to an officer of a F46provider 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 F107section 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,
F102ea
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
F104in 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,
g
F108section 242(7) were omitted,
h
F109in 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 F110section 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
F111paragraph 2(3) of Schedule 12 were omitted,
j
F101k
paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.
F947
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.
F958
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 F114section 247 of the Sentencing Code, 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
F115c
section 247 of the Sentencing Code.
10
The references mentioned in sub-paragraph (8)(a) are—
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 |
Young offender institution | Young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989 |
11
The modifications mentioned in sub-paragraph (8)(b) are—
a
section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or the Prisoners and Criminal Proceedings (Scotland) Act 1993,
b
section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “
the Scottish Ministers
”
,
c
paragraph 2 of Schedule 19A to the 2003 Act has effect as if—
i
sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and
ii
sub-paragraph (e) were omitted,
d
paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—
7A
Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied
e
paragraph 7 of Schedule 19A to the 2003 Act has effect as if—
i
in sub-paragraph (1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “
the supervisor may cause an information to be laid before a sheriff court in respect of the person's failure to comply with the requirement
”
, and
ii
sub-paragraphs (2) to (5) were omitted, and
f
paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order” there were substituted “
imposes any other sentence
”
.
12
The further modifications mentioned in sub-paragraph (8)(c) are that F105section 247 of the Sentencing Code has effect as if—
a
in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being, and
b
after subsection (3) there were inserted—
3A
Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.
F73Restricted transfers between England and Wales and Scotland: further provision about supervision default orders
Sch. 1 para. 8A and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 4 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
8A
1
This paragraph applies if—
a
a person's supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or transferred back to England and Wales under paragraph 7 of this Schedule, and
b
at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.
2
The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction from which the person is transferring).
3
The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.
4
In this paragraph—
“relevant area” means—
- a
in England and Wales, a local justice area, and
- b
in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;
- a
“supervision default order” has the meaning given in section 268(1) of the 2003 Act.
Restricted transfers from England and Wales to Northern Ireland
9
1
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
subject F4... 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 Northern Ireland.
C52
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—
F35a
sections 241, F67243AF130toF132244A,F66246A, 247 to 252 F65, 254 to F85264B , 267A and 267B of F86, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F116sections 241, 242 and 247 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 Northern Ireland;
aa
F68ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 that sentence had been an equivalent sentence passed by a court in Northern Ireland.
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.
C54
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—
F36a
sections 241, 249 to 252 F69, 254 to F87264B , 267A and 267B of F88, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F117sections 242 and 247 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 Northern Ireland;
aa
F70ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 Northern Ireland.
F375
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 probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.
F835A
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 probation officer.
F918
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F849
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 (11) were a reference to whatever is opposite it in the second column of that Table, and
b
with the other modifications in sub-paragraph (12).
10
In this paragraph “the supervision provisions” means—
a
sections 256AA to 256AC, 256D and 256E of the 2003 Act, and
F118b
section 247 of the Sentencing Code.
11
The references mentioned in sub-paragraph (9)(a) are—
Reference | Substituted reference |
|---|---|
Crown Court | County court |
Justice of the peace | Lay magistrate |
Information | Complaint |
Local justice area | Petty sessions district |
Magistrates' court | Court of summary jurisdiction |
Officer of a provider of probation services | Probation officer |
Young offender institution | Young offender centre |
12
The other modifications mentioned in sub-paragraph (9)(b) are—
a
section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—
i
a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and
ii
a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),
b
section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and
c
subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “
the Department of Justice in Northern Ireland
”
.
Restricted transfers from Scotland to England and Wales
10
1
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer—
a
sections 65 and 147 of the M2Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the place of the corresponding provisions of the law of England and Wales; 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 England and Wales.
2
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—
a
F5sections 1, F381AA, F1191AB, 1A, F1201B, 3, 3AA, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F12126ZA, 26A and 27 of, and Schedules 2 and 6 to, the M3Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) or, as the case may require, sections 1(4), 2, 3, F66(1)(b)(i) and (iii) 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but
b
subject to that, to F7sub-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 England and Wales.
C63
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 is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
F84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—
a
F9sections F391AA, 1A, F1221B, 2(4), 3AA, 3A, 11 to 13, 15 to 21, F12326ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; 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 his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.
6
Any reference in—
a
sub-paragraphs (2) and (5) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;
C6F117
Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.
Restricted transfers from Scotland to Northern Ireland
11
1
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer—
a
sections 65 and 147 of the M5Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Northern Ireland; 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 Northern Ireland.
2
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland F40to Northern Ireland is a restricted transfer—
a
F12sections 1, F411AA, F1241AB, 1A, F1251B, 3, 3AA , 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F12726ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 1(4), 2, 3, F136(1)(b)(i) and (iii), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but
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 Northern Ireland.
C73
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 is 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 Scotland to Northern Ireland is a restricted transfer—
a
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 Northern Ireland.
5
F15Sub-paragraph (6) of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.
C76
Any provision of Part I of the 1993 Act F16. . . which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.
Expression | Substituted expression |
|---|---|
Chief social work officer | Chief Officer of a Board or an authorised Health and Social Services (HSS) Trust |
Justices for a petty sessions area | Probation Board for Northern Ireland |
F17F18Officer of a local probation board appointed for or assigned to such petty sessions area F45or officer of a provider of probation services acting in such local justice area | Probation Officer appointed by the Probation Board for Northern Ireland |
Restricted transfers from Northern Ireland to England and Wales
12
1
Where a person’s transfer under paragraph 1(1)(a) F26or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject 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 England and Wales.
2
Where a person’s transfer under paragraph 1(1)(b) F27or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—
F19a
sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 F48or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of England and Wales;
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 that sentence had been an equivalent sentence passed by a court in England and Wales.
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.
F543A
Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.
4
Where a transfer under paragraph 4(1) of a person’s supervision from Northern Ireland to England and Wales is a restricted transfer, subject 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 England and Wales.
5
Any provision of the M6Prison Act (Northern Ireland) 1953, the M7Treatment of Offenders (Northern Ireland) Order 1976, the M8Criminal Justice (Northern Ireland) Order 1996 or the M9Northern Ireland (Remission of Sentences) Act 1995 F49or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.
Restricted transfers from Northern Ireland to Scotland
13
1
Where a person’s transfer under paragraph 1(1)(a) F28or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland is a restricted transfer, subject 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) F29or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—
F21a
sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 F50or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of Scotland;
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 that 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.
F553A
Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.
4
Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject 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
Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 F22, the Life Sentences (Northern Ireland) Order 2001 or the Northern Ireland (Remission of Sentences) Act 1995 F51or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.
Restricted transfers between the United Kingdom and the Channel Islands
C814
1
Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above.
2
An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.
3
An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Unrestricted transfers: general
C915
1
Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred.
2
Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.
C103
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.
C104
Where a transfer under paragraph 4(1) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—
a
that person 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 the place to which he is transferred; and
b
any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.
F564A
F93Sub-paragraphs (3) and (4) have effect subject to the following modifications—
a
in relation to a person transferred to Northern Ireland, any reference in sub-paragraph (3) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
b
in relation to a person whose supervision has been transferred to Northern Ireland, sub-paragraph (4)(b) above applies as if—
i
after “Secretary of State” where it first occurs there were inserted “or the Department of Justice in Northern Ireland”, and
ii
after “Secretary of State” where it occurs second there were inserted “or the Department of Justice (as the case may be)”.
F924B
A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.
4C
In sub-paragraph (4B), “the receiving authority” means—
a
in relation to a person transferred to Scotland, the Scottish Ministers,
b
in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and
c
in relation to any other person, the Secretary of State.
F315
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Transfers ceasing to be restricted
C1116
Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.
Sch. 1: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(1), Sch. 2 para. 3