F63Transfer of prisoners to or from the United Kingdom
C1C121 Issue of warrant for transfer.
1
Subject to the following provisions of this section, where—
a
the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (7) below applies, and
b
the F1relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of a particular person (in this Act referred to as “the prisoner”), and
F36c
in a case in which the terms of those arrangements provide for the prisoner to be transferred only with his consent, the prisoner's consent has been given,
the F1relevant Minister shall issue a warrant providing for the transfer of the prisoner into or out of the United Kingdom.
2
The F1relevant Minister shall not issue a F41warrant under this section, and, if he has issued one, shall revoke it, in any case where after the duty under subsection (1) above has arisen and before the transfer in question takes place circumstances arise, or are brought to the F1relevant Minister’s attention, which in his opinion make it inappropriate that the transfer should take place.
3
The F1relevant Minister shall not issue a F62warrant under this section providing for the transfer of any person into the United Kingdom unless—
a
that person is a British citizen; or
b
the transfer appears to the F1relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom; or
c
it appears to the F1relevant Minister that the transfer is such a transfer for the purpose of the temporary return of the prisoner to the United Kingdom as may be provided for by virtue of section 4(1)(b) below.
4
The F1relevant Minister shall not issue a F53warrant under this section, other than one superseding an earlier warrant, unless he is satisfied that all reasonable steps have been taken to inform the prisoner in writing in his own language—
a
of the substance, so far as relevant to the prisoner’s case, of the international arrangements in accordance with which it is proposed to transfer him,
b
of the effect in relation to the prisoner of the warrant which it is proposed to issue in respect of him F68...,
c
in the case of a transfer into the United Kingdom, of the effect in relation to the prisoner of the law relating to his detention under that warrant (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant),
d
in the case of a transfer out of the United Kingdom, of the effect in relation to the prisoner of so much of the law of the country or territory to which he is to be transferred as has effect with respect to transfers under those arrangements, and
e
of the powers of the F1relevant Minister under section 6 of this Act;
5
F26In such a case as is referred to in subsection (1)(c) above, the relevant Minister shall not issue a F38warrant under this section unless he is satisfied that the prisoner's consent was given in a manner authorised by the international arrangements in accordance with which the prisoner is to be transferred and was so given either—
a
by the prisoner himself; or
b
in circumstances where it appears to the F1relevant Minister inappropriate by reason of the physical or mental condition or the youth of the prisoner for the prisoner to act for himself, by a person appearing to the F1relevant Minister to be an appropriate person to have acted on the prisoner’s behalf.
6
A consent given for the purposes of subsection (1)(c) above shall not be capable of being withdrawn after a warrant F44under this section has been issued in respect of the prisoner; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 below subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 2(3) below.
7
This subsection applies to a person if he is for the time being required to be detained in a prison, a hospital or any other institution either—
a
by virtue of an order made in the course of the exercise by a court or tribunal in the United Kingdom, or in any country or territory outside the British Islands, of its criminal jurisdiction; or
b
under F49any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom or of the law of any country or territory outside the British Islands.
F337A
In subsection (7)(a) the reference to an order made by a court or tribunal in the United Kingdom in the course of the exercise of its criminal jurisdiction includes an order made (anywhere) by—
a
the Court Martial;
b
the Service Civilian Court;
c
the Court Martial Appeal Court; or
d
the Supreme Court on an appeal brought from the Court Martial Appeal Court.
8
In subsection (7)(b) above the reference to provisions similar to F64any of the provisions of this Act shall be construed as a reference to any provisions which have effect with respect to F30—
a
the transfer between different countries and territories (or different parts of a country or territory) of persons who are required to be detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts and tribunals of their criminal jurisdictionF46; or
b
the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).
F29
In this section “relevant Minister” means–
a
the Scottish Ministers in a case where the person who is the subject of the proposed transfer is for the time being required to be detained in a prison, a hospital or any other institution either–
i
in Scotland; or
ii
in the country or territory referred to in subsection (1)(b) above if it is proposed to transfer him from that country or territory to Scotland; and
b
the Secretary of State in any other case.
C22 Transfer out of the United Kingdom.
F311
The effect of a warrant F56under section 1 under section 1 providing for the transfer of the prisoner out of the United Kingdom shall be to authorise—
a
the taking of the prisoner to any place in any part of the United Kingdom, his delivery at a place of departure from the United Kingdom into the custody of an appropriate person and his removal by that person from the United Kingdom to a place outside the United Kingdom; or
b
the taking of the prisoner to any place in any part of the United Kingdom, his removal from the United Kingdom and his delivery, at the place of arrival from the United Kingdom, into the custody of an appropriate person.
1A
In subsection (1) “appropriate person” means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.
2
Subject to subsections (3) to (5) below, the order by virtue of which the prisoner is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after his removal from the United Kingdom so as to apply to him if he is again in the United Kingdom at any time when under that order he is to be, or may be, detained.
3
If, at any time after the removal of the prisoner from the United Kingdom, it appears to the F3relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the prisoner was transferred, the F3relevant Minister may give a direction varying the order referred to in subsection (2) above or providing for that order to cease to have effect.
F43A
In subsection (3) above, “relevant Minister” means–
a
the Scottish Ministers where the order referred to in subsection (2) above relates to a person who has been removed from Scotland by virtue of a warrant issued under section 1 above; and
b
the Secretary of State in any other case.
4
The power by direction under subsection (3) above to vary the order referred to in subsection (2) above shall include power by direction—
a
to provide for how any period during which the prisoner is, by virtue of a F67warrant under section 1 , out of the part of the United Kingdom in which that order has effect is to be treated for the purposes of that order; and
b
to provide for the prisoner to be treated as having been—
F29 i
released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under section 244 or 246 of the Criminal Justice Act 2003; or
F5ii
released on licence under section 1(2), (3) or (4), 2(4) or 7(1) or (2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
F6iia
released subject to a supervised release order made under section 209 of the M1Criminal Procedure (Scotland) Act 1995;
iii
released on licenceunder F7Article 6(3) of the Life Sentences (Northern Ireland) Order 2001 or discharged on licence F8Article 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998 (release and discharge on licence of, respectively, persons serving imprisonment for life and F8children in detention for grave crimes); or
iv
for the purposes of Part II of the M2Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge), discharged from prison or a young offenders centre in pursuance of rules made under section 13 of the said Act of 1953.
5
Except in relation to any period during which a restriction order is in force in respect of the prisoner, subsection (2) above shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to the prisoner—
a
at the time of his removal from the United Kingdom if no restriction order is in force in respect of him at that time; and
b
if at that time a restriction order is in force in respect of him, as soon after his removal as the restriction order ceases to have effect.
6
In subsection (5) above—
“hospital order” means an order made under section 37 of the Mental Health Act 1983, section 175 or 376 of the M3Criminal Procedure (Scotland) Act 1975 or F9Article 44 of the Mental Health (Northern Ireland) Order 1986F57 or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 or any order or direction made under another enactment but having the same effect as an order made under one of F9those provisions; and
“restriction order” means an order made under section 41 of the said Act of 1983, section 178 or 379 of the said Act of 1975 or F9Article 47 of the said Order of 1986 or any order or direction made under another enactment but having the same effect as an order made under one of F9those provisions.
7
References in this section to the order by virtue of which the prisoner is required to be detained at the time a F34warrant under section 1 is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.
C33 Transfer into the United Kingdom.
1
The effect of a warrant F72under section 1 providing for the transfer of the prisoner into the United Kingdom shall be to authorise—
a
the bringing of the prisoner into the United Kingdom from a place outside the United Kingdom;
b
the taking of the prisoner to such place in any part of the United Kingdom, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (c) below, as may be specified in the warrant; and
c
the detention of the prisoner in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the F10relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which the prisoner is transferred.
2
Subject to section 4(2) to (4) below, a provision shall not be contained by virtue of subsection (1)(c) above in a F32warrant under section 1 unless it satisfies the following two conditions, that is to say—
a
it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and
b
it is a provision which at the time the warrant is issued may be contained in an order made either—
i
in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the prisoner is to be detained; or
ii
otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i) above.
3
In determining for the purposes of paragraph (c) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph, the F10relevant Minister shall, to the extent that it appears to him consistent with those arrangements to do so, have regard to the inappropriateness of the warrant’s containing provisions which—
a
are equivalent to more than the maximum penalties (if any) that may be imposed on a person who, in the part of the United Kingdom in which the prisoner is to be detained, commits an offence corresponding to that in respect of which the prisoner is required to be detained in the country or territory from which he is to be transferred; or
b
are framed without reference to the length—
i
of the period during which the prisoner is, but for the transfer, required to be detained in that country or territory; and
ii
of so much of that period as will have been, or be treated as having been, served by the prisoner when the said provisions take effect.
4
Subject to subsection (6) below and the Schedule to this Act, a provision contained by virtue of subsection (1)(c) above in a F51warrant under section 1 shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2) (b) above.
5
A provision contained by virtue of subsection (1)(c) above in a warrant under this Act shall take effect with the delivery of the prisoner to the place specified in the warrant for the purposes of subsection (1)(b) above.
6
Subsection (4) above shall not confer any right of appeal on the prisoner against provisions contained by virtue of subsection (1)(c) above in a F61warrant under section 1.
7
8
For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) above could have been made as so mentioned, there shall be disregarded both—
a
any requirement that certain conditions must be satisfied before the order is made; and
b
any restriction on the minimum period in respect of which the order may be made.
F589
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C44 Temporary return.
1
A single F24warrant under section 1 may provide for the transfer of the prisoner both out of and into (or into and out of) the United Kingdom if it appears to the F11relevant Minister that the transfers are to be for the purpose of the temporary return of the prisoner either—
a
from the United Kingdom to a country or territory outside the British Islands from which he has previously been transferred into the United KingdomF76, or from which responsibility for his detention and release has previously been transferred to the United Kingdom, under this Act or any other enactment; or
b
to the United Kingdom from a country or territory outside the British Islands to which he has previously been transferredF55, or to which responsibility for his detention and release has previously been transferred, from the United Kingdom under this Act.
2
The provisions contained by virtue of section 3(1)(c) above in F39a warrant under section 1 issued for the purpose of the temporary return of the prisoner to a country or territory outside the British Islands may, where the prisoner is required when that warrant is issued to be detained in accordance with provisions so contained in an F66earlier warrant under section 1 or section 4A, require the prisoner to continue, after his return to the part of the United Kingdom in which the provisions contained in the earlier warrant have effect, to be detained in accordance with those earlier provisions.
3
A warrant F45issued under section 1 containing, with respect to provisions contained in an earlier warrant F71under section 1 or section 4A, any such requirement as is referred to in subsection (2) above, shall provide that any period during which the prisoner is out of the part of the United Kingdom in which the provisions contained in the earlier warrant have effect and is in custody is to be treated (except to such extent as may be specified in the warrant in order that effect may be given to the international arrangements in question) as a period during which the prisoner is detained under the provisions contained in the earlier warrant.
4
The provisions contained by virtue of section 3(1)(c) above in a F23warrant under section 1 issued for the purpose of the temporary return of the prisoner to the United Kingdom may require the prisoner to be detained in accordance with any order which on his return will apply in respect of him in pursuance of section 2(2) above; and the Schedule to this Act shall not apply in relation to the provisions so contained in such a warrant.
F125
In this section “relevant Minister” means–
a
the Scottish Ministers in a case where the prisoner is a person who is either–
i
detained in Scotland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Scotland under this Act or any other enactment; or
ii
detained in a country or territory outside the British Islands to which he has previously been transferred from Scotland under this Act; and
b
the Secretary of State in any other case.
F746
Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).
F40Transfer of responsibility for detention and release of offender present outside the country or territory in which he is required to be detained
Ss. 4A-4C and cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 94, 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 38
4AIssue of warrant transferring responsibility for detention and release of offender
1
This section enables responsibility for the detention and release of a person to whom subsection (2) or (3) applies to be transferred between the relevant Minister in the United Kingdom and the appropriate authority in a country or territory outside the British Islands.
2
A person falls within this subsection if that person—
a
is a person to whom section 1(7) applies by virtue of—
i
an order made in the course of the exercise by a court or tribunal in any part of the United Kingdom of its criminal jurisdiction; or
ii
any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom; and
b
is present in a country or territory outside the British Islands.
3
A person falls within this subsection if that person—
a
is a person to whom section 1(7) applies by virtue of —
i
an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or
ii
any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and
b
is present in the United Kingdom.
4
Terms used in subsection (2)(a) and (3)(a) have the same meaning as in section 1(7).
5
Subject to the following provisions of this section, where—
a
the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of responsibility for the detention and release of persons to whom subsection (2) or (3) applies,
b
the relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of responsibility for the detention and release of a particular person to whom subsection (2) or (3) applies (in this Act referred to as “the relevant person”), and
c
in a case in which the terms of those arrangements provide for the transfer of responsibility to take place only with the relevant person's consent, that consent has been given,
the relevant Minister shall issue a warrant providing for the transfer of responsibility for the detention and release of the relevant person from that Minister (where subsection (2) applies) or to that Minister (where subsection (3) applies).
6
The relevant Minister shall not issue a warrant under this section providing for the transfer of responsibility for the detention and release of a person to the relevant Minister unless—
a
that person is a British citizen;
b
the transfer appears to the relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom.
7
The relevant Minister shall not issue a warrant under this section where, after the duty in subsection (5) has arisen, circumstances arise or are brought to his attention which in his opinion make it inappropriate that the transfer of responsibility should take place.
8
The relevant Minister shall not issue a warrant under this section (other than one superseding an earlier warrant) unless he is satisfied that all reasonable steps have been taken to inform the relevant person in writing in his own language—
a
of the substance, so far as relevant to the case, of the international arrangements in accordance with which it is proposed to transfer responsibility for his detention and release;
b
of the effect in relation to the relevant person of the warrant which it is proposed to issue under this section;
c
in the case of a person to whom subsection (2) applies, of the effect in relation to his case of so much of the law of the country or territory concerned as has effect with respect to transfers under those arrangements of responsibility for his detention and release;
d
in the case of a person to whom subsection (3) applies, of the effect in relation to his case of the law relating to his detention under that warrant and subsequent release (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant); and
e
of the powers of the relevant Minister under section 6;
and the relevant Minister shall not issue a warrant superseding an earlier warrant under this section unless the requirements of this subsection were fulfilled in relation to the earlier warrant.
9
A consent given for the purposes of subsection (5)(c) shall not be capable of being withdrawn after a warrant under this section has been issued in respect of the relevant person; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 4B(3).
10
In this section “relevant Minister” means—
a
the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is—
i
a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland; or
ii
a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Scotland;
b
the Secretary of State, in any other case.
4BTransfer of responsibility from the United Kingdom
1
The effect of a warrant under section 4A relating to a person to whom subsection (2) of that section applies shall be to transfer responsibility for the detention and release of that person from the relevant Minister (as defined in section 4A(10)) to the appropriate authority of the country or territory in which he is present.
2
Subject to subsections (3) to (6), the order by virtue of which the relevant person is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after the transfer of responsibility so as to apply to him if he comes to be in the United Kingdom at any time when under that order he is to be, or may be, detained.
3
If, at any time after the transfer of responsibility, it appears to the relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the transfer took place, the relevant Minister may give a direction—
a
varying the order referred to in subsection (2); or
b
providing for the order to cease to have effect.
4
In subsection (3) “relevant Minister” means—
a
the Scottish Ministers, where Scotland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and
b
the Secretary of State in any other case.
5
The power by direction under subsection (3) to vary the order referred to in subsection (2) includes power by direction—
a
to provide for how any period during which the detention and release of the relevant person is, by virtue of a warrant under section 4A, the responsibility of a country or territory outside the United Kingdom is to be treated for the purposes of the order; and
b
to provide for the relevant person to be treated as having been released or discharged as mentioned in any paragraph of section 2(4)(b).
6
Except in relation to any period during which a restriction order is in force in respect of the relevant person, subsection (2) shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to that person—
a
at the time of the transfer of responsibility, if no restriction order is in force in respect of him at that time; and
b
if at that time a restriction order is in force in respect of him, as soon after the transfer of responsibility as the restriction order ceases to have effect.
7
In subsection (6) “hospital order” and “restriction order” have the same meaning as in section 2(6).
8
References in this section to the order by virtue of which a person is required to be detained at the time a warrant under section 4A is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.
4CTransfer of responsibility to the United Kingdom
1
The effect of a warrant under section 4A relating to a person to whom subsection (3) of that section applies shall be to transfer responsibility for the detention and release of that person to the relevant Minister (as defined in section 4A(10)) and to authorise—
a
the taking of that person in custody to such place in any part of the United Kingdom as may be specified in the warrant, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (b); and
b
the detention of that person in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which responsibility for that person is transferred.
2
A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions, that is to say—
a
it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and
b
it is a provision which at the time the warrant is issued may be contained in an order made either—
i
in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the person is to be detained; or
ii
otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i).
3
Section 3(3) applies for determining for the purposes of paragraph (b) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph in a relevant person's case as it applies for the purposes of section 3(1)(c) in the case of a prisoner who is to be transferred into the United Kingdom.
4
Subject to subsection (6) and Part 2 of the Schedule to this Act, a provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b).
5
A provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall take effect with the delivery of the relevant person to the place specified in the warrant for the purposes of subsection (1)(a).
6
Subsection (4) shall not confer any right of appeal on the relevant person against provisions contained by virtue of subsection (1)(b) in a warrant under this section.
7
Part 2 of the Schedule to this Act shall have effect with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(b) in a warrant under section 4A.
8
For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) could have been made as so mentioned, there shall be disregarded both—
a
any requirement that certain conditions must be satisfied before the order is made; and
b
any restriction on the minimum period in respect of which the order may be made.
F43Persons believed to fall within section 4A(3): powers of arrest and detention
Ss. 4D-4F and cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 95, 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 39
4DArrest and detention with a view to establishing whether a person falls within section 4A(3) etc.
1
The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—
a
considers that there are reasonable grounds for believing that a person in the United Kingdom is a person falling within section 4A(3), and
b
has requested written confirmation from the country or territory concerned of the details of that person's case.
2
The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).
3
The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).
4
The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it).
5
A person arrested under this section shall, as soon as is practicable—
a
be given a copy of the warrant for his arrest; and
b
be brought before the appropriate judge.
6
The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made.
7
The purpose of an order under subsection (6) is to secure the detention of the person concerned while—
a
written confirmation is obtained from a representative of the country or territory concerned of the details of his case;
b
it is established whether he is a person falling within section 4A(3); and
c
any application for an order under section 4E(6) is made in respect of him.
8
Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).
9
Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him.
10
It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section.
4EArrest and detention with a view to determining whether to issue a warrant under section 4A
1
The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—
a
considers that a person in the United Kingdom is a person falling within section 4A(3), and
b
has received written confirmation from a representative of the country or territory concerned of the details of that person's case;
and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D.
2
The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).
3
The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).
4
The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it).
5
A person arrested under this section shall, as soon as is practicable—
a
be given a copy of the warrant for his arrest; and
b
be brought before the appropriate judge.
6
The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers, order that a person before the judge who—
a
is the subject of a certificate under this section, and
b
the judge is satisfied is a person falling within section 4A(3),
shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made.
7
The purpose of an order under subsection (6) is to secure the detention of the person concerned until—
a
it is determined whether to issue a warrant under section 4A; and
b
if so determined, such a warrant is issued.
8
Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).
9
Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.
10
It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.
4FSections 4D and 4E: supplementary provisions
1
This section has effect for the purposes of sections 4D and 4E.
2
A “designated person” is a person designated by the Secretary of State or the Scottish Ministers.
3
The appropriate judge is—
a
in England and Wales, any District Judge (Magistrates' Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;
b
in Scotland, the sheriff of Lothian and Borders; and
c
in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.
4
A designation under subsection (2) or (3)(a) or (c) may be made—
a
for the purposes of section 4D or 4E (or both); and
b
for all cases or only for cases (or cases of a description) specified in the designation.
5
A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.
F54Supplementary and general provisions
S. 5 cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 15; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
C55 Operation of warrant and retaking prisoners.
1
Where a warrant has been issued F35under section 1 the following provisions of this section F48(apart from subsection (9)) shall have effect for the purposes of the warrant, except (without prejudice to section 3(4) above or any enactment contained otherwise than in this Act) in relation to any time when the prisoner is required to be detained in accordance with provisions contained in the warrant by virtue of section 3(1)(c) above.
2
The prisoner shall be deemed to be in the legal custody of the F13relevant Minister at any time when, being in the United Kingdom or on board a British ship, a British aircraft or a British hovercraft, he is being taken under the warrant to or from any place, or being kept in custody under the warrant.
3
The F13relevant Minister may, from time to time, designate any person as a person who is for the time being authorised for the purposes of the warrant to take the prisoner to or from any place under the warrant, or to keep the prisoner in custody under the warrant.
4
A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep the prisoner in custody shall have all the powers, authority, protection and privileges—
a
of a constable in any part of the United Kingdom in which that person is for the time being; or
b
if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken under the warrant.
5
If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant under this Act.
6
In subsection (2) above—
“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the M4Civil Aviation Act 1982 (application of criminal law to aircraft), or one of Her Majesty’s aircraft;
“British hovercraft” means a British-controlled hovercraft within the meaning of the said section 92 as applied in relation to hovercraft by virtue of provision made under the M5Hovercraft Act 1968, or one of Her Majesty’s hovercraft; and
“British ship” means a British ship within the meaning of the M6F14Merchant Shipping Act 1995, or one of Her Majesty’s ships;
and in this subsection reference to Her Majesty’s aircraft, hovercraft or ships are references to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the United Kingdom.
7
In subsection (5) above “constable”, in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment (including subsection (4) above), the powers of a constable in that or any other part of the United Kingdom.
F158
In this section “relevant Minister” means–
a
the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; and
b
the Secretary of State in any other case.
F289
Where—
a
a warrant under section 4A has been issued, and
b
the relevant person is a person to whom subsection (3) of that section applies,
subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).
10
In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—
a
any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;
b
any reference to the prisoner were a reference to the relevant person;
c
in subsection (4)—
i
in paragraph (a) for “that person” there were substituted “
the authorised person
”
; and
ii
paragraph (b) were omitted; and
d
in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “
transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers
”
.
C66 Revocation etc. of warrants.
1
Subject to section 1(4) above, if at any time it appears to the F16relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 1(1)(a) above or in a case falling within section 1(2) above, for a F42warrant under section 1 to be revoked or varied, he may, as the case may require—
a
revoke that warrant; or
b
revoke that warrant and issue a new warrant under F27that section containing provision superseding some or all of the provisions of the previous warrant.
F521A
Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—
a
revoke that warrant; or
b
revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.
2
Subject to subsection (3)(c) below, the provision that may be contained in a new warrant issued by virtue of subsection (1)(b) F47 or (1A)(b) above shall be any provision that could have been contained in the previous warrant.
3
A new warrant issued by virtue of subsection (1)(b) F65 or (1A)(b) above may provide—
a
that a provision contained in it is to be treated as having taken effect when the provisions which that provision supersedes took effect;
b
that things done under or for the purposes of the superseded provisions are, accordingly, to be treated as having been done under or for the purposes of the provision contained in the new warrant; and
c
that an enactment in force at the time the new warrant is issued is, for the purposes of subsection (2) above or this subsection, to be treated as having been in force when the superseded provisions took effect.
4
The powers conferred by this section shall be exercisable notwithstanding any defect in the warrant which is revoked.
F175
In this section “relevant Minister” means–
a
the Scottish Ministers F37in a case where—
i
the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or
ii
the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;
b
the Secretary of State in any other case.
C77 Expenses.
1
Subject to subsection (2) below, any expenses incurred by the Secretary of State for the purposes of this Act shall be defrayed out of money provided by Parliament.
2
Subject to subsections (3) and (4) below, it shall be the duty of the F18relevant Minister, in the case of the transfer of a person into the United Kingdom under this Act, to secure the payment to him by that person, or from some other source, of the amount of any expenses incurred by him in connection with the conveyance of that person to the United Kingdom; and for this purpose the F18relevant Minister shall have the same power as in any other case where he assists the return of a person to the United Kingdom to require a person to give an undertaking to pay the F18relevant Minister the whole or any part of that amount, to enforce such an undertaking and to make such other arrangements for recovering that amount as he thinks fit.
3
Subsection (2) above shall not apply to the extent that in any case it appears to the F18relevant Minister that it would be unreasonable for him to exercise any of the powers conferred by that subsection either because of the exceptional circumstances of the case or because the means of the prisoner are insufficient to meet the expenses and their recovery, whether immediately or at some future time, from the prisoner or from any other source is impracticable.
F193A
In subsections (2) and (3) above, “relevant Minister” means–
a
the Scottish Ministers where the transfer is to Scotland; and
b
the Secretary of State in any other case.
4
The expenses mentioned in subsections (2) and (3) above shall not include—
a
any expenses of providing an escort for a person transferred into the United Kingdom under this Act; or
b
any expenses of the conveyance of such a person beyond the place at which he first arrives in the United Kingdom.
5
The Secretary of State shall pay any sums received by him by virtue of subsection (2) above into the Consolidated Fund.
F205A
The Scottish Ministers shall pay any sums received by them by virtue of subsection (2) above into the Scottish Consolidated Fund.
C88 Interpretation and certificates.
1
In this Act, except in so far as the context otherwise requires—
F60“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;
“international arrangements” includes any arrangements between the United Kingdom and a colony;
“order” includes any sentence, direction, warrant or other means of giving effect to the decision of a court or tribunal; and
“the prisoner” has the meaning given by section 1(1)(b) aboveF69; and
“the relevant person” has the meaning given by section 4A(5)(b).
2
In this Act a reference to criminal jurisdiction, in relation to a court or tribunal in a country or territory outside the British Islands, includes a reference to any jurisdiction which would be a criminal jurisdiction but for the age or incapacity of the persons in respect of whom it is exercised.
3
In any proceedings, the certificate of the F21relevant Minister—
a
that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) F73 or 4A(5)(a) above,
b
that the appropriate authority of a country or territory which is F70a party to such international arrangements as are mentioned in section 1(1)(a) has agreed to the transfer of a particular person in accordance with any such arrangements,
F50ba
that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements, or
c
that, for the purposes of any provision of this Act, a particular person is or represents the appropriate authority of any country or territory,
shall be conclusive of the matter certified.
F224
In subsection (3) above, “relevant Minister” means–
a
the Scottish Ministers where the proceedings relate to a transfer which they have the responsibility under this Act to make or consider making; and
b
the Secretary of State in any other case.
9 Short title, commencement and extent.
1
This Act may be cited as the Repatriation of Prisoners Act 1984.
C92
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
3
This Act extends to Northern Ireland.
C10C114
Her Majesty may by Order in Council make provision for extending the provisions of this Act, with such exceptions, adaptations and modifications as may be speficied in the Order, to any of the Channel Islands, to the Isle of Man or to any colony.
S. 1 cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 10; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)