Repatriation of Prisoners Act 1984

[F1 Supplementary and general provisions] U.K.

Textual Amendments

F1 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)

5 Operation of warrant and retaking prisoners. U.K.

(1) Where a warrant has been issued [F2 under section 1] the following provisions of this section [F3 (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 [F4 relevant 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 [F4 relevant 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 M1 Civil 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 M2 Hovercraft Act 1968, or one of Her Majesty’s hovercraft; and

• “British ship” means a British ship within the meaning of the M3 [F5 Merchant 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.

[F6 (8) In this section “relevant Minister” means–

(a) the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; F7 ...

[F8 (aa) the Department of Justice in Northern Ireland where the warrant provides for the transfer of a prisoner to or from Northern Ireland; and]

(b) the Secretary of State in any other case.]

[F9 (9) 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; F10 ...

(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” [F11 ; and]

[F11 (e) in subsection (8)(aa) for “transfer of a prisoner to or from Northern Ireland” there were substituted “transfer of responsibility for the detention and release of the relevant person to the Department of Justice]]

Textual Amendments

F2 Words in s. 5(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 16(2)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F3 Words in s. 5(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 16(2)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F4 Words in s. 5(2)(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(6)(a)

F5 S. 5(6): words in definition of “British ship”substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 73 (with s. 312(1))

F6 S. 5(8) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(6)(b)

F7 Word in s. 5(8)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 10(2)(a) (with arts. 28-31)

F8 S. 5(8)(aa) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 10(2)(b) (with arts. 28-31)

F9 S. 5(9)(10) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 16(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F10 Word in s. 5(10) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 10(3) (with arts. 28-31)

F11 S. 5(10)(e) and preceding word inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 10(3) (with arts. 28-31)

Modifications etc. (not altering text)

C1 Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

Marginal Citations

M1 1982 c. 16.

M2 1968 c. 59.

M3 1995 c. 21.

6 Revocation etc. of warrants. U.K.

(1) Subject to section 1(4) above, if at any time it appears to the [F12 relevant 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 [F13 warrant 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 [F14 that section] containing provision superseding some or all of the provisions of the previous warrant.

[F15 (1A) 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) [F16 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) [F17 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.

[F18 (5) In this section “relevant Minister” means–

(a) the Scottish Ministers [F19 in 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;]

[F20 (aa) the Department of Justice in Northern Ireland in a case where—

(i) the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Northern Ireland; 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 the Department of Justice;]

(b) the Secretary of State in any other case.]

Textual Amendments

F12 Words in s. 6(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(7)(a)

F13 Words in s. 6(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 17(2)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F14 Words in s. 6(1)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 17(2)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F15 S. 6(1A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 17(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F16 Words in s. 6(2) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 17(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F17 Words in s. 6(3) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 17(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F18 S. 6(5) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(7)(b)

F19 Words in s. 6(5)(a) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 17(5); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F20 S. 6(5)(aa) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 11 (with arts. 28-31)

Modifications etc. (not altering text)

C2 Ss. 1-8: Certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

7 Expenses. U.K.

(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 [F21 relevant 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 [F21 relevant 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 [F21 relevant 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 [F21 relevant 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.

[F22 (3A) In subsections (2) and (3) above, “relevant Minister” means–

(a) the Scottish Ministers where the transfer is to Scotland; F23 ...

[F24 (aa) the Department of Justice in Northern Ireland where the transfer is to Northern Ireland; 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.

[F25 (5A) The Scottish Ministers shall pay any sums received by them by virtue of subsection (2) above into the Scottish Consolidated Fund.]

Textual Amendments

F21 Words in s. 7(2)(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(a)

F22 S. 7(3A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(b)

F23 Word in s. 7(3A)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 12(a) (with arts. 28-31)

F24 S. 7(3A)(aa) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 12(b) (with arts. 28-31)

F25 S. 7(5A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(c)

Modifications etc. (not altering text)

C3 Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

8 Interpretation and certificates. U.K.

(1) In this Act, except in so far as the context otherwise requires—

• [F26 “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) above[F27 ; 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 [F28 relevant Minister]—

(a) that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) [F29 or 4A(5)(a)] above,

(b) that the appropriate authority of a country or territory which is [F30 a 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,

[F31 (ba) 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.

[F32 (4) 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; F33 ...

[F34 (aa) the Department of Justice in Northern Ireland where the proceedings relate to a transfer which it has the responsibility under this Act to make or consider making; and]

(b) the Secretary of State in any other case.]

Textual Amendments

F26 Words in s. 8(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 96(3), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 40

F27 Words in s. 8(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F28 Words in s. 8(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(9)(a)

F29 Words in s. 8(3)(a) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(3)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F30 Words in s. 8(3)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(3)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F31 S. 8(3)(ba) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(3)(c); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F32 S. 8(4) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(9)(b)

F33 Word in s. 8(4)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 13(a) (with arts. 28-31)

F34 S. 8(4)(aa) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 13(b) (with arts. 28-31)

Modifications etc. (not altering text)

C4 Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(10)

[F35 8A Northern Ireland: national security U.K.

(1) The Secretary of State may, by virtue of this subsection, make an agreement under section 1(1)(b) or 4A(5)(b) if—

(a) the agreement is one that could be made by the Department of Justice in Northern Ireland by virtue of section 1(9)(aa) or 4A(10)(aa), and

(b) the Secretary of State’s decision to make the agreement is arrived at (wholly or partly) on the basis of protected information.

(2) Subject to subsection (3), if the Secretary of State makes an agreement by virtue of subsection (1) in any case, in this Act references to the relevant Minister are to be read, for that case, as references to the Secretary of State (and the definitions of “relevant Minister” are to be read accordingly).

(3) In the case of an agreement under section 4A(5)(b), subsection (2) does not apply to—

(a) the references in sections 4A(1) and 4B(1);

(b) the last two references in section 4A(5);

(c) the second reference in section 4A(6);

(d) the first reference in section 4C(1);

(e) the reference in paragraph 9 of the Schedule.

(4) The Secretary of State may notify the Department of Justice that no agreement is to be made under section 1(1)(b) or 4A(5)(b) in relation to a particular person without the Secretary of State’s agreement; and the Department may not make such an agreement in relation to that person without the Secretary of State’s agreement.

(5) But the Secretary of State may give a notification or refuse his agreement only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

(6) In this section “protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.]

Textual Amendments

F35 S. 8A inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 14 (with arts. 28-31)

9 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Repatriation of Prisoners Act 1984.

(2) 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.

(4) 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.

Modifications etc. (not altering text)

C5 Power of appointment conferred by s. 9(2) fully exercised: 15.4.1985 appointed by S.I. 1985/550

C6 S. 9(4) extended (31.7.1998) by 1998 c. 37, s. 121(12)

C7 S. 9(4) modified (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 152(8), 153(1)(g)

C8 S. 9(4) extended (1.5.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 151(2)(c), 153(1)