- Latest available (Revised)
- Point in Time (03/12/2012)
- Original (As enacted)
Point in time view as at 03/12/2012.
There are currently no known outstanding effects for the Repatriation of Prisoners Act 1984, Section 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The effect of a warrant [F1under 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 [F2relevant 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 [F3warrant 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 [F2relevant 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 [F4warrant 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 [F5warrant under section 1].
(7)[F6Part 1 of] the Schedule to this Act shall have effect, subject to section 4(4) below, with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(c) above in a [F7warrant under section 1].
(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.
F8(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 3(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F2Words in s. 3(1)(c)(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(4)
F3Words in s. 3(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F4Words in s. 3(4) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F5Words in s. 3(6) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F6Words in s. 3(7) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(4)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F7Words in s. 3(7) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(4)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F8S. 3(9) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 42, Sch. 37 Pt. 9
F9S. 3(10) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 13(5), Sch. 28 Pt. 6; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 48(g)50(6)
Modifications etc. (not altering text)
C1Ss. 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)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: