Criminal Justice and Immigration Act 2008

19 (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows. U.K.

(2) For the cross-heading before paragraph 1 substitute— “ Part 1 Warrants under section 1 Application of Part 1 ”.

(3) In paragraph 1—

(a) at the beginning insert “ This Part of ”;

(b) after “under” insert “ section 1 of ”; and

(c) after “; and in” insert “ this Part of ”.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) After paragraph 8 insert—

“Part 2 U.K. Warrants under section 4A transferring responsibility to the relevant minister

9 This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10 Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11 Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12 (1) Any reference to the prisoner is to be read as a reference to the relevant person.

(2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13 In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

(a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

(b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14 The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”

Textual Amendments

F1 Sch. 26 para. 19(4) repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(3)(a), 208(5)(p)

F2 Sch. 26 para. 19(5) repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(3)(a), 208(5)(p)

Commencement Information

I1 Sch. 26 para. 19(1)(4) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i) (with art. 4)

I2 Sch. 26 para. 19(2)(3)(5)(6) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)