Repatriation of Prisoners Act 1984

SCHEDULE U.K. Operation of Certain Enactments in Relation to the Prisoner

[F1 Part 1 U.K. Warrants under section 1 Application of Part 1]

Textual Amendments

F1 Sch. Pt. 1: Sch. renumbered as Sch. Pt. 1 (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 19(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

1 U.K. [F2 This Part of] this Schedule applies where a warrant is issued under [F3 section 1 of] this Act providing for the transfer of the prisoner into the United Kingdom; and in [F4 this Part of] this Schedule “the relevant provisions” means the provisions contained in the warrant by virtue of section 3(1)(c) of this Act or, in the case of a warrant which contains such a requirement as is referred to in section 4(2) of this Act, the provisions in accordance with which the prisoner continues, in pursuance of that requirement, to be detained.

Textual Amendments

F2 Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(a).

F3 Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(b).

F4 Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(c).

[F5 Release on licence][F5 Early release] U.K.

Textual Amendments

F5 Sch. para. 2 and cross-heading substituted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 33(1)(b)(i), 89(2) (with s. 33(2)); S.S.I. 2003/288, art. 2, sch.

2 [F5 [F6 (1) In determining for the purposes of any of the enactments relating to release on licence whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision, the prisoner’s sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.] U.K.

[F7 (2) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period.

(3) Where the prisoner’s sentence is for a term of less than twelve months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 shall apply as if the sentence were for a term of twelve months or more.

[F8 (3A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.]

(4) In this paragraph—

• “the enactments relating to release on licence” means section 28(5) and (7) of the Crime (Sentences) Act 1997 and Chapter 6 of Part 12 of the Criminal Justice Act 2003;

• “sentence”, means the provision included in the warrant which is equivalent to sentence.]]

[F5 (1) In determining, for the purposes of sections 1(1) to (3), [F9 1AA, 2(2) and (7), 3AA] and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), in their application to prisoners repatriated to Scotland (eligibility for early release from a sentence), whether the prisoner has at any time served a particular proportion or part of the sentence, the sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.

(2) If the warrant specifies a period to be taken into account for the purposes of section 1(3) [F10 , 2(2) or (7) or 3AA] of that Act (eligibility of long-term and life prisoners as respects release on licence)—

(a) the amount of time the prisoner has served; and

(b) where the sentence is a determinate one, the sentence,

shall, so far only as the question whether he has served any particular proportion or part of the sentence is concerned, be deemed to be increased by that period.

(3) The question whether the prisoner is a short-term or a long-term prisoner for the purposes of any of the sections mentioned in sub-paragraph (1) above shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

(4) For the purposes of Schedule 6 to that Act, a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

(5) In this paragraph, “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.]

Textual Amendments

F6 Sch. para. 2(1)(1A) substituted for para. 2(1) (E.W.S.) (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 3(4) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F7 Sch. para. 2(2)-(4) substituted (E.W.) (4.4.2005) for Sch. 2 para. (1A)(2) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 43(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(19) (with savings in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F8 Sch. para. 2(3A) inserted (E.W.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(5); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F9 Words in Sch. para. 2(1) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(5)(a), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1

F10 Words in Sch. para. 2(2) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(5)(b), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1

Modifications etc. (not altering text)

C1 Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to Scotland) by 1997 c. 43, s. 42, Sch. 2 para. 6(1)(2); S.I. 1997/2200, art. 2(1)(h)

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to E.W.) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1)(h) (and, as so modified, further modified (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 58; S.I. 1998/2327, art. 2(1)(y)(2)(s), and further modified by art. 5(3)(b) of that S.I., and further modified (E.W.) (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 94(1)(a)(2))

Sch. para. 2 modified (1.10.1997 in relation to prisoners repatriated to E.W.) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1)(h) (and, as so modified, further modified (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 59; S.I. 1998/2327, art. 2(1)(y)(2)(s), and further modified (E.W.) (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 94(1)(b)(2))

Sch. para. 2 modified (E.W.) (prosp.) by 1997 c. 43, s. 42, Sch. 2 paras. 4(1)(4) (which Sch. 2 para. 4 was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch. 10; S.I. 1998/2327, art. 2(1)(2)(pp)(3)(y))

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to Scotland) by 1997 c. 43, s. 42, Sch. 2 para. 5(1)(2) (which modification shall be deemed to have had effect since 16.2.1990); S.I. 1997/2200, art. 2(1)(h)

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to Scotland) by 1997 c. 43, s. 42, Sch. 2 para. 7(2); S.I. 1997/2200, art. 2(1)(h)

Sch. para. 2 modified (S.) (prosp.) by 1997 c. 43, s. 42, Sch. 2 para. 8(1)(2) (which amending Sch. 2 para. 8 was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch. 10; S.I. 1998/2327, art. 2(1)(2)(pp)(3)(y))

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to N.I.) by 1997 c. 43, s. 42, Sch. 2 para. 9(1)(2); S.I. 1997/2200, art. 2(1)(h)

C2 Sch. para. 2: 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(11)

C3 Sch. para. 2 (as it applies in E.W. in relation to offences committed before 4.4.2005) modified (9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(4); S.I. 2008/1466, art. 2(c)(i) (with art. 4)

[F11 2A (1) This paragraph applies to a prisoner repatriated to Northern Ireland. N.I.

(2) In determining for the purposes of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that Chapter, the prisoner's sentence shall subject to sub-paragraph (3), be deemed to begin with the day on which the relevant provisions take effect.

(3) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular proportion or part of his sentence, be deemed to be increased by that period.

(4) Where the prisoner's sentence is for a term of less than 12 months, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply as if the sentence were for a term of 12 months or more.

(5) In this paragraph “sentence” means the provision included in the warrant which is equivalent to sentence.]

Textual Amendments

F11 Sch. para. 2A inserted (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216), art. 1(4), Sch. 5 para. 4(2); S.R. 2008/217, art. 2, Sch. para. 18(b)

[F12 Life imprisonment] U.K.

Textual Amendments

F12 Sch. para. 3 and cross-heading substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 60; S.I. 1998/2327, art. 2(1)(h)

F13 F14 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. para. 3 repealed (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 33(1)(b)(ii), 89(2); S.S.I. 2003/288, art. 2, sch.

F14 Sch. para 3 repealed (E.W.N.I) (8.10.2001) by S.I. 2001/2565, arts. 1(2), 2(4); S.R. 2001/337, art. 2

U.K.

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. para. 4 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16 and subject to an amendment by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 52(a)

Mental health legislation U.K.

5 (1) References in— U.K.

(a) the Mental Health Act 1983, and

(b) the Mental Health [F16 (Northern Ireland) Order 1986],

to the date of an order under [F16 that Act or that Order] shall have effect, in relation to any of the relevant provisions which is equivalent to such an order, as references to the day on which the relevant provisions take effect.

(2) Where the relevant provisions include provision equivalent to a hospital order within the meaning of the said Act of 1983 or such an order and a restriction order within the meaning of that Act, the prisoner may (in addition to any application he may make under that Act) apply to [F17 the appropriate tribunal] at any time in the period of six months beginning with the day on which the relevant provisions take effect.

[F18 (2A) For the purposes of sub-paragraph (2) above “the appropriate tribunal” means—

(a) the First-tier Tribunal, in any case where the prisoner is detained in England;

(b) the Mental Health Review Tribunal for Wales, in any case where the prisoner is detained in Wales; and

(c) the Mental Health Review Tribunal for Northern Ireland, in any case where the prisoner is detained in Northern Ireland.]

(3) References howsoever expressed in—

(a) the [F19 Mental Health (Care and Treatment) (Scotland) Act 2003], and

(b) the Criminal Procedure (Scotland) Act [F20 1995],

to the date of an order of the type referred to in the definition of hospital order or restriction order in section 2(6) of this Act shall have effect, in relation to any of the relevant provisions which is equivalent to such an order, as a reference to the day on which the relevant provisions take effect.

(4) Where the relevant provisions include provisions equivalent in Scotland to such an order, the prisoner may at any time in the period of six months beginning with the day on which the relevant provisions take effect, appeal to the Sheriff to order his discharge; and (without prejudice to section 3(4) of this Act) in any appeal under this paragraph the provisions of the said Act of 1984 in respect of appeals by a patient subject to such an order apply to an appeal by the prisoner where he is subject to any such equivalent provision as they apply to a patient who is subject to such an order.

Textual Amendments

F16 Words substituted by S.I. 1986/596, art. 9(b)

F17 Words in Sch. para. 5(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 69(a)

F18 Sch. para. 5(2A) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 69(b)

F19 Words in Sch. para. 5(3)(a) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 15(2)

F20 Word in Sch. para. 5(3)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 52(b)

Modifications etc. (not altering text)

C4 Sch. para. 5(2): transfer of functions (3.11.2008) by The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), arts. 1, 5(h)

Rehabilitation of offenders U.K.

6 U.K. The relevant provisions shall be disregarded for the purposes of the application, in relation to any offence of which the prisoner was convicted in a country or territory outside the British Islands, of—

(a) the M1 Rehabilitation of Offenders Act 1974, except section 1(2) (person not rehabilitated unless he serves sentence etc.); and

(b) the M2 Rehabilitation of Offenders (Northern Ireland) Order 1978, except Article 3(2) (person not rehabilitated unless he serves sentence etc.).

Marginal Citations

M1 1974 c. 53.

M2 S.I. 1978/1908 (N.I. 27).

The Representation of the M3 People Act 1981 U.K.

Marginal Citations

M3 1981 c. 34.

7 U.K. For the purposes of section 1 of the Representation of the People Act 1981 (disqualification of certain offenders for membership of the House of Commons), the prisoner shall, while detained in accordance with the relevant provisions, be deemed to be detained in pursuance of the order in pursuance of which, at the time of his transfer into the United Kingdom, he was required to be detained in the country or territory from which he was transferred.

The Firearms (Northern Ireland) Order [F21 2004] N.I.

Textual Amendments

F21 Word in Sch. para. 8 cross-heading substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702), art. 1(3), Sch. 7 para. 7(a) (with art. 81); S.R. 2005/4, art. 3 (with arts. 4-7)

8 N.I. Where the relevant provisions include provision equivalent to such a sentence as is mentioned in paragraph (2) of [F22 Article 63] of the Firearms (Northern Ireland) Order [F23 2004] (possession of firearm by person previously convicted of crime), that paragraph shall apply in relation to the prisoner as if for the reference in that paragraph to the period of eight years from the date so mentioned there were substituted a reference to the period of eight years from the day on which the relevant provisions take effect.

Textual Amendments

F22 Words in Sch. para. 8 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702), art. 1(3), Sch. 7 para. 7(b) (with art. 81); S.R. 2005/4, art. 3 (with arts. 4-7)

F23 Word in Sch. para. 8 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702), art. 1(3), Sch. 7 para. 7(b) (with art. 81); S.R. 2005/4, art. 3 (with arts. 4-7)

[F24 Part 2 U.K. Warrants under section 4A transferring responsibility to the relevant minister

Textual Amendments

F24 Sch. Pt. 2 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 19(6); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

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

11 U.K. 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. U.K.

(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 U.K. 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 U.K. 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.]