Repatriation of Prisoners Act 1984

Section 3.

SCHEDULE Operation of Certain Enactments in Relation to the Prisoner

Application of Schedule

1 This Schedule applies where a warrant is issued under this Act providing for the transfer of the prisoner into the United Kingdom ; and in 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.

Release on licence

2 (1) In determining for the purposes of section 60 of the [1967 c. 80.] Criminal Justice Act 1967 (release on licence) whether the prisoner has at any time served one third of his sentence or the specified period mentioned in subsection (1) of that section 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.

(2) If the warrant specifies a period to be taken into account for the purposes of this paragraph the prisoner's sentence and the amount he has served shall, so far only as the question whether he has served one third of his sentence is concerned, be deemed to be increased by that period.

Life imprisonment

3 Where the relevant provisions include provision equivalent to a sentence in relation to which section 61 of the Criminal Justice Act 1967 (release on licence, on the recommendation of the Parole Board and after consultation with the Lord Chief Justice or Lord Justice General and with the trial judge if available, of person sentenced to life imprisonment etc.) applies, subsection (1) of that section shall be deemed to have effect in relation to the prisoner as if the words " together with the trial judge if available " were omitted.

Persons under the age of 21

4 (1) Where the prisoner has not attained the age of 21 years at the time the warrant containing the relevant provisions is issued and the relevant provisions include provision equivalent to a sentence under section 6 or 8 of the [1982 c. 48.] Criminal Justice Act 1982 (youth custody and custody for life)—

(a) subsections (1) to (7) of section 12 of that Act (accommodation of persons sentenced under section 6 or 8) shall not apply in relation to the prisoner ; and

(b) the prisoner may be detained-

(i) in a youth custody centre,

(ii) in a remand centre, or

(iii) in a prison,

as the Secretary of State may from time to time direct.

(2) Where—

(a) at the time the warrant containing the relevant provisions is issued the prisoner is not less than 16 years of age but has not attained the age of 21 years, and

(b) the relevant provisions include provision equivalent to an order imposing detention under section 207 or 415 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (restriction on detention of persons under 21 years of age),

the provisions of those sections which require that, in certain circumstances, a person shall be detained in a specified type of institution shall not apply in relation to the prisoner, and the prisoner may be detained—

(i) in a young offenders institution, or

(ii) in a prison,

as the Secretary of State may from time to time direct.

Mental health legislation

5 (1) References in—

(a) the [1983 c. 20.] Mental Health Act 1983, and

(b) the [1961 c. 15 (N.I.).] Mental Health Act (Northern Ireland) 1961,

to the date of an order under either of those Acts 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 a Mental Health Review Tribunal at any time in the period of six months beginning with the day on which the relevant provisions take effect.

(3) References howsoever expressed in—

(a) the [1984 c. 36.] Mental Health (Scotland) Act 1984, and

(b) the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975,

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.

Rehabilitation of offenders

6 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 [1974 c. 53.] Rehabilitation of Offenders Act 1974, except section 1(2)(person not rehabilitated unless he serves sentence etc.); and

(b) the [S.I. 1978/1908 (N.I. 27).] Rehabilitation of Offenders (Northern Ireland) Order 1978, except Article 3(2) (person not rehabilitated unless he serves sentence etc.).

The Representation of the People Act 1981

7 For the purposes of section 1 of the [1981 c. 34.] 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 1981

8 Where the relevant provisions include provision equivalent to such a sentence as is mentioned in paragraph (2) of Article 22 of the [S.I. 1981/155 (N.I. 2).] Firearms (Northern Ireland) Order 1981 (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.