SCHEDULE 1 Transfer of prisoners within the British Islands
Part I Powers of transfer
Transfer of prisoners: general
1
(1)
The Secretary of State may, on the application of—
(a)
a person remanded in custody in any part of the United Kingdom in connection with an offence; or
(b)
a person serving a sentence of imprisonment in any part of the United Kingdom,
make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.
(2)
Where—
(a)
a person is remanded in custody in any of the Channel Islands in connection with an offence; or
(b)
a person has been sentenced to imprisonment in any of the Channel Islands,
the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there.
F1(2A)
If it appears to F2the Department of Justice in Northern Ireland or the Secretary of State that—
(a)
a person remanded in custody in Northern Ireland in connection with an offence, or
(b)
a person serving a sentence of imprisonment in Northern Ireland;
should be transferred to another part of the United Kingdom in the interests of maintaining security or good order in any prison in Northern Ireland, F3the Department of Justice in Northern Ireland or (as the case may be) the Secretary of State may make an order for his transfer to that other part, there to be remanded in custody pending his trial or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.
F4(2B)
But the Secretary of State may make an order under sub-paragraph (2A) only if—
(a)
the Secretary of State is of the view that the transfer is in the interests of national security, or
(b)
the Secretary of State’s view that the person should be transferred is arrived at (wholly or partly) on the basis of protected information.
“Protected information” means information the disclosure of which may, in the view of the Secretary of State, be against the interests of national security.
(3)
In this paragraph “appropriate institution”—
(a)
in relation to a person remanded in custody, means any prison or other institution;
(b)
in relation to a person sentenced to imprisonment, means, subject to sub-paragraph (4) below, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the country or island to which he is transferred.
(4)
Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.
F5(5)
This paragraph has effect subject to the following modifications—
(a)
in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
(b)
in determining the meaning of “appropriate institution” in relation to a person transferred to Northern Ireland from another part of the United Kingdom, any reference in sub-paragraph (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
Transfer of prisoners for trial
2
(1)
If it appears to the Secretary of State that—
(a)
a person remanded in custody in any part of the United Kingdom in connection with an offence; or
(b)
a person serving a sentence of imprisonment in any part of the United Kingdom,
should be transferred to another part of the United Kingdom or to any of the Channel Islands for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that other part or that island and for his removal to a prison or other institution there.
(2)
If it appears to the Secretary of State that—
(a)
a person remanded in custody in any of the Channel Islands in connection with an offence; or
(b)
a person serving a sentence of imprisonment in any of the Channel Islands,
should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.
(3)
Where a person has been transferred under sub-paragraph (1)(a) or (2)(a) above for the purpose of any proceedings, the Secretary of State may, if that person is not sentenced to imprisonment in those proceedings, make an order for his return to the country or island from which he was transferred under that sub-paragraph.
(4)
Where a person has been transferred under sub-paragraph (1)(b) or (2)(b) above for the purpose of any proceedings, the Secretary of State may—
(a)
if that person is sentenced to imprisonment in those proceedings, make an order under paragraph 1(1)(b) or (2)(b) above (but without application in that behalf) transferring him back to the country or island from which he was transferred under that sub-paragraph;
(b)
if he is not so sentenced, make an order for his return to the said country or island, there to serve the remainder of the sentence referred to in that sub-paragraph.
F6(5)
This paragraph has effect subject to the following modifications—
(a)
in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
(b)
in relation to a person who has been transferred from Northern Ireland to another part of the United Kingdom, any reference in sub-paragraph (3) or (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
Transfer of prisoners for other judicial purposes
3
(1)
If the Secretary of State is satisfied, in the case of—
(a)
a person remanded in custody in any part of the United Kingdom in connection with an offence;
(b)
a person serving a sentence of imprisonment in any part of the United Kingdom; or
(c)
a person not falling within paragraph (a) or (b) above who is detained in a prison in any part of the United Kingdom,
that the attendance of that person at any place in that or any other part of the United Kingdom or in any of the Channel Islands is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.
(2)
If the Secretary of State is satisfied, in the case of—
(a)
a person remanded in custody in any of the Channel Islands in connection with an offence;
(b)
a person serving a sentence of imprisonment in any of the Islands; or
(c)
a person not falling within paragraph (a) or (b) above who is detained in a prison in any of the Channel Islands,
that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.
(3)
Where any person is directed under this paragraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison or other institution or place in which he is required in accordance with law to be detained.
F7(4)
This paragraph has effect subject to the following modifications—
(a)
in relation to the attendance at a place in Northern Ireland or any other part of the United Kingdom of a person who is remanded in custody in, serving a sentence of imprisonment in, or otherwise detained in a prison in, Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
(b)
in relation to a person who is directed by the Department of Justice in Northern Ireland to be taken to any place under this paragraph, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
Transfer of supervision of released prisoners
4
(1)
The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any part of the United Kingdom, make an order for the transfer of his supervision to another part of the United Kingdom or to any of the Channel Islands, that is to say, an order—
(a)
for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country or island; and
(b)
for responsibility for his supervision to be transferred to an appropriate person there.
(2)
The Secretary of State may, on the application of a person undergoing or about to undergo supervision in any of the Channel Islands, make an order for the transfer of his supervision to any part of the United Kingdom, that is to say, an order—
(a)
for his supervision or, as the case may be, the remainder of his supervision to be undergone in that country; and
(b)
for responsibility for his supervision to be transferred to an appropriate person there.
F8(3)
In relation to the transfer to another part of the United Kingdom of the supervision of a person undergoing or about to undergo supervision in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
Conditions of transfers
5
(1)
A transfer under this Part F9(other than a transfer under paragraph 1(2A)) shall have effect subject to such conditions (if any) as the Secretary of State may think fit to impose.
(2)
Subject to sub-paragraph (3) below, a condition imposed under this paragraph may be varied or removed at any time.
(3)
Such a condition as is mentioned in paragraph 6(1)(a) below shall not be varied or removed except with the consent of the person to whom the transfer relates.
F10(4)
In relation to a transfer under this Part which is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
F11Conditions of transfer under paragraph 1(2A)
5A
(1)
A transfer under paragraph 1(2A) shall have effect subject to—
(a)
such a condition as is mentioned in paragraph 6(1)(a); and
(b)
such other conditions (if any) F12—
(i)
as the Department of Justice in Northern Ireland may think fit to impose, in the case of an order made by the Department, or
(ii)
as the Secretary of State may think fit to impose, in the case of an order made by the Secretary of State.
(2)
Such a condition as is mentioned in paragraph 6(1)(a) shall not be varied or removed.
(3)
A condition imposed under sub-paragraph (1)(b) may be varied or removed at any time F13by the person who imposed it.
Part II Effect of transfers
Preliminary
6
(1)
For the purposes of this Part of this Schedule, a transfer under Part I of this Schedule—
(a)
is a restricted transfer if it is subject to a condition that the person to whom it relates is to be treated for the relevant purposes as if he were still subject to the provisions applicable for those purposes under the law of the place from which the transfer is made; and
(b)
is an unrestricted transfer if it is not so subject.
(2)
In this Part of this Schedule “the relevant purposes” means—
(a)
in relation to the transfer of a person under paragraph 1(1)(a) or (2)(a) F14or (2A)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above, the purposes of his remand in custody and, where applicable, the purposes of his detention under and release from any sentence of imprisonment that may be imposed;
(b)
in relation to the transfer of a person under paragraph 1(1)(b) or (2)(b) F15or (2A)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above, the purposes of his detention under and release from his sentence and, where applicable, the purposes of his supervision F16, possible recall following release and any supervision default order; and
(c)
in relation to the transfer of a person’s supervision under paragraph 4(1) or (2) above, the purposes of his supervision F17, possible recall and any supervision default order.
(3)
In this paragraph “recall” means—
(a)
in relation to a person who is supervised in pursuance of an order made for the purpose, being sentenced to imprisonment, or being recalled to prison, for a breach of any condition of the order;
F18(aa)
in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under F19section 242(2)(b) of the Sentencing Code;
(b)
in relation to a person who is supervised in pursuance of a condition contained in a licence, being F20recalled or returned to prison, whether for a breach of any condition of the licence or otherwise.
F21(c)
in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;
(d)
in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.
F22(4)
In this Part of this Schedule—
“the 2003 Act” means the Criminal Justice Act 2003;
F23...
F23...
F24“supervision default order” has the meaning given in section 268(1) of the 2003 Act;
Restricted transfers: general
7
(1)
Where—
(a)
a person’s transfer under paragraph 1, 2 or 3 above; or
(b)
a transfer under paragraph 4 above of a person’s supervision,
is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred.
F25(1A)
An order for the transfer of a person or a person’s supervision back to the country from which he or it was transferred shall be made by the Department of Justice in Northern Ireland if the transfer of the person or, as the case may be, the transfer of his supervision was the subject of an order or direction made by the Department of Justice.
(2)
Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.
F26(2A)
Where a transfer under paragraph 1 or 2 is the subject of an order made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (2) to the Secretary of State must be read as a reference to the Department of Justice.
Restricted transfers from England and Wales to Scotland
8
(1)
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Scotland is a restricted transfer—
(a)
regulations made under section 22 of the M1Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall apply to him in place of the corresponding provisions of the law of Scotland; but
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.
(2)
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Scotland is a restricted transfer—
F27(a)
sections 241, F28243A F29to F30244A, F31246 to F32264B F33, 267A and 267B of F34, and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F35sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa)
F38(ab)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Scotland.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4)
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—
F39(a)
sections 241 F40, 249 to F41264B, 267A and 267B of F42, and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F43sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa)
F46(ab)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.
F47(5)
Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a relevant officer of such local authority as may be specified in the licence”.
F47(6)
Any provision of F48sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—
(a)
any reference to F49youth detention accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,
(b)
F50... any reference to the Secretary of State were a reference to the Scottish Ministers,
(c)
any reference to an officer of a F51provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,
(d)
any reference to a youth court were a reference to a sheriff court,
(e)
in F52section 242, any reference to a local justice area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,
F53(ea)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)
F54in section 242(2)(a), for sub-paragraph (ii) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,
(g)
F57section 242(7) were omitted,
(h)
“(1)
Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under F59section 242(4)(b), the court may—
(a)
issue a citation requiring the offender to appear before it at the time specified in the citation, or
(b)
issue a warrant for the offender’s arrest.”,
(i)
F60paragraph 2(3) of Schedule 12 were omitted,
(j)
F63(k)
paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.
F64(7)
Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
F65(8)
The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—
(a)
as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever is opposite it in the second column of that Table,
(b)
with the modifications in sub-paragraph (11), and
(c)
in a case falling within F66section 247 of the Sentencing Code, with the further modifications in sub-paragraph (12),
(and see also paragraphs 8A, 19A and 19B).
(9)
In this paragraph “the supervision provisions” means—
(a)
sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,
(b)
the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and that Schedule, and
F67(c)
section 247 of the Sentencing Code.
(10)
The references mentioned in sub-paragraph (8)(a) are—
Reference | Substituted reference |
|---|---|
Crown Court | High Court of Justiciary |
Justice of the peace | Sheriff court |
Local justice area | Local government area within the meaning of the Local Government etc (Scotland) Act 1994 |
Magistrates' court | Sheriff court |
Officer of a provider of probation services | Relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 |
Summons | Citation |
Young offender institution | Young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989 |
(11)
The modifications mentioned in sub-paragraph (8)(b) are—
(a)
section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or the Prisoners and Criminal Proceedings (Scotland) Act 1993,
(b)
section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “
the Scottish Ministers
”
,
(c)
paragraph 2 of Schedule 19A to the 2003 Act has effect as if—
(i)
sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and
(ii)
sub-paragraph (e) were omitted,
(d)
“(7A)
Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied”,
(e)
paragraph 7 of Schedule 19A to the 2003 Act has effect as if—
(i)
in sub-paragraph (1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “
the supervisor may cause an information to be laid before a sheriff court in respect of the person's failure to comply with the requirement
”
, and
(ii)
sub-paragraphs (2) to (5) were omitted, and
(f)
paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order” there were substituted “
imposes any other sentence
”
.
(12)
The further modifications mentioned in sub-paragraph (8)(c) are that F68section 247 of the Sentencing Code has effect as if—
(a)
in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being, and
(b)
“(3A)
Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.”
F69Restricted transfers between England and Wales and Scotland: further provision about supervision default orders
8A
(1)
This paragraph applies if—
(a)
a person's supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or transferred back to England and Wales under paragraph 7 of this Schedule, and
(b)
at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.
(2)
The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction from which the person is transferring).
(3)
The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.
(4)
In this paragraph—
“relevant area” means—
(a)
in England and Wales, a local justice area, and
(b)
in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;
“supervision default order” has the meaning given in section 268(1) of the 2003 Act.
Restricted transfers from England and Wales to Northern Ireland
9
(1)
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer—
F70(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
subject F71... to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.
(2)
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—
F72(a)
sections 241, F73243A F74to F75244A, F76246A, 247 to 252 F77, 254 to F78264B , 267A and 267B of F79, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F80sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa)
F83(ab)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Northern Ireland.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4)
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—
F84(a)
sections 241, 249 to 252 F85, 254 to F86264B , 267A and 267B of F87, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F88sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa)
F91(ab)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.
F92(5)
Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.
F93(5A)
Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a probation officer.
F94(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F95(9)
The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—
(a)
as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever is opposite it in the second column of that Table, and
(b)
with the other modifications in sub-paragraph (12).
(10)
In this paragraph “the supervision provisions” means—
(a)
sections 256AA to 256AC, 256D and 256E of the 2003 Act, and
F96(b)
section 247 of the Sentencing Code.
(11)
The references mentioned in sub-paragraph (9)(a) are—
Reference | Substituted reference |
|---|---|
Crown Court | County court |
Justice of the peace | Lay magistrate |
Information | Complaint |
Local justice area | Petty sessions district |
Magistrates' court | Court of summary jurisdiction |
Officer of a provider of probation services | Probation officer |
Young offender institution | Young offender centre |
(12)
The other modifications mentioned in sub-paragraph (9)(b) are—
(a)
section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—
(i)
a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and
(ii)
a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),
(b)
section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and
(c)
subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “
the Department of Justice in Northern Ireland
”
.
Restricted transfers from Scotland to England and Wales
10
(1)
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer—
(a)
sections 65 and 147 of the M2Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the place of the corresponding provisions of the law of England and Wales; but
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.
(2)
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—
(a)
F97sections 1, F981AA, F991AB, 1A, F1001B, 3, 3AA, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F10126ZA, 26A and 27 of, and Schedules 2 and 6 to, the M3Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) or, as the case may require, sections 1(4), 2, 3, F1026(1)(b)(i) and (iii) 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but
(b)
subject to that, to F103sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in England and Wales.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
F104(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—
(a)
F105sections F1061AA, 1A, F1071B, 2(4), 3AA, 3A, 11 to 13, 15 to 21, F10826ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.
(6)
Any reference in—
(a)
sub-paragraphs (2) and (5) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;
F109(b)
in the said sub-paragraph (2) the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the M4Criminal Procedure (Scotland) Act 1995.
F110(7)
Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.
Restricted transfers from Scotland to Northern Ireland
11
(1)
Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer—
(a)
sections 65 and 147 of the M5Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Northern Ireland; but
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.
(2)
Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland F111to Northern Ireland is a restricted transfer—
(a)
F112sections 1, F1131AA, F1141AB, 1A, F1151B, 3, 3AA , 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F11626ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 1(4), 2, 3, F1176(1)(b)(i) and (iii), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but
(b)
subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Northern Ireland.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4)
Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to Northern Ireland is a restricted transfer—
(a)
(b)
subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.
(5)
F122Sub-paragraph (6) of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.
(6)
Any provision of Part I of the 1993 Act F123. . . which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.
Expression | Substituted expression |
|---|---|
Chief social work officer | Chief Officer of a Board or an authorised Health and Social Services (HSS) Trust |
Justices for a petty sessions area | Probation Board for Northern Ireland |
F124F125Officer of a local probation board appointed for or assigned to such petty sessions area F126or officer of a provider of probation services acting in such local justice area | Probation Officer appointed by the Probation Board for Northern Ireland |
Restricted transfers from Northern Ireland to England and Wales
12
(1)
Where a person’s transfer under paragraph 1(1)(a) F127or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.
(2)
Where a person’s transfer under paragraph 1(1)(b) F128or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—
F129(a)
sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 F130or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of England and Wales;
(b)
subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in England and Wales.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
F131(3A)
Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.
(4)
Where a transfer under paragraph 4(1) of a person’s supervision from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.
(5)
Any provision of the M6Prison Act (Northern Ireland) 1953, the M7Treatment of Offenders (Northern Ireland) Order 1976, the M8Criminal Justice (Northern Ireland) Order 1996 or the M9Northern Ireland (Remission of Sentences) Act 1995 F132or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.
Restricted transfers from Northern Ireland to Scotland
13
(1)
Where a person’s transfer under paragraph 1(1)(a) F134or (2A)(a), 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.
(2)
Where a person’s transfer under paragraph 1(1)(b) F135or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—
F136(a)
sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 F137or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply to him in place of the corresponding provisions of the law of Scotland;
(b)
subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Scotland.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
F138(3A)
Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.
(4)
Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.
(5)
Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 F139, the Life Sentences (Northern Ireland) Order 2001 or the Northern Ireland (Remission of Sentences) Act 1995 F140or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.
Restricted transfers between the United Kingdom and the Channel Islands
14
(1)
Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above.
(2)
An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.
(3)
An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Unrestricted transfers: general
15
(1)
Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred.
(2)
Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.
(3)
A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4)
Where a transfer under paragraph 4(1) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—
(a)
that person shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in the place to which he is transferred; and
(b)
any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.
F142(4A)
F143Sub-paragraphs (3) and (4) have effect subject to the following modifications—
(a)
in relation to a person transferred to Northern Ireland, any reference in sub-paragraph (3) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
(b)
in relation to a person whose supervision has been transferred to Northern Ireland, sub-paragraph (4)(b) above applies as if—
(i)
after “Secretary of State” where it first occurs there were inserted “or the Department of Justice in Northern Ireland”, and
(ii)
after “Secretary of State” where it occurs second there were inserted “or the Department of Justice (as the case may be)”.
F144(4B)
A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.
(4C)
In sub-paragraph (4B), “the receiving authority” means—
(a)
in relation to a person transferred to Scotland, the Scottish Ministers,
(b)
in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and
(c)
in relation to any other person, the Secretary of State.
F145(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers ceasing to be restricted
16
Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.
Part III Supplemental
Prisoners unlawfully at large
17
(1)
The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely—
(a)
section 49(1) F146and (5) of the M11Prison Act 1952;
(b)
section 40(1) of the M12Prisons (Scotland) Act 1989; and
(c)
section 38(1) of the M13Prison Act (Northern Ireland) 1953,
shall extend throughout the United Kingdom and the Channel Islands.
(2)
Any reference in those enactments to a constable shall include a reference—
(a)
to a person being a constable under the law of any part of the United Kingdom;
(b)
to a police officer within the meaning of the Police Force (Jersey) Law 1974 or any corresponding law for the time being in force; and
(c)
to an officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force.
(3)
Those enactments shall also apply to persons who, being unlawfully at large under the law of any of the Channel Islands, are for the time being within the United Kingdom as they apply to persons unlawfully at large under the law of any part of the United Kingdom.
(4)
Any person arrested in the United Kingdom under those enactments as applied by sub-paragraph (3) above may be taken to the place in the Channel Islands in which he is required in accordance with the law in force there to be detained.
(5)
Where a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in any part of the United Kingdom is sentenced to imprisonment by a court in another part of the United Kingdom—
(a)
the provisions of Part II of this Schedule relating to the treatment of persons transferred under sub-paragraph (1)(b) of paragraph 1 above shall apply to him, while he remains in that other part of the United Kingdom, as if he had been transferred there under that sub-paragraph immediately before he was so sentenced; and
(b)
the Secretary of State may, if he thinks fit, make an order under that sub-paragraph (but without application in that behalf) transferring him back to the part of the United Kingdom from which he was unlawfully at large.
(6)
In the following provisions, namely—
(a)
paragraph (a) of the proviso to section 49(2) of the Prison Act 1952 (which in effect enables a person who is unlawfully at large during the currency of his original sentence to count towards that sentence any period during which he is detained in pursuance of a sentence of any court);
(b)
the proviso to section 40(2) of the Prisons (Scotland) Act 1989 (which contains corresponding provisions for Scotland); and
(c)
section 38(3) of the Prison Act (Northern Ireland) 1953 (which contains corresponding provisions for Northern Ireland),
references to a court shall include references to any court in the United Kingdom.
F147(7)
In relation to a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in England and Wales or Scotland and is sentenced to imprisonment by a court in Northern Ireland, any reference in sub-paragraph (5) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
Subsequent sentence in case of transferred prisoners
18
(1)
The power of a court in any part of the United Kingdom to order that the term of any sentence of imprisonment passed by the court shall commence at or before the expiration of another term of imprisonment shall include power to make such an order where that other term was imposed by sentence of a court elsewhere in the United Kingdom or in any of the Channel Islands if the offender—
(a)
is serving that other sentence in that part of the United Kingdom; or
(b)
is for the time being present in that part of the United Kingdom,
by virtue of an order under this Schedule, or is unlawfully at large under the law of the country or island in which that other sentence was passed.
(2)
The provisions of this paragraph shall be without prejudice to the powers exercisable by any court apart from those provisions.
Application to the Isle of Man
19
(1)
Her Majesty may by Order in Council direct that any of the foregoing provisions of this Schedule which extend to, or apply in relation to, the Channel Islands shall extend to, or apply in relation to, the Isle of Man with such modifications (if any) as Her Majesty considers appropriate.
(2)
An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.
(3)
An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F148Service of process issued in Scotland
19A
(1)
Section 4 of the Summary Jurisdiction (Process) Act 1881 (service in England and Wales of Scottish process etc) applies to any process issued by a court in Scotland under the supervision provisions.
(2)
“The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).
Electronic monitoring in Scotland
19B
(1)
Section 245C of the Criminal Procedure (Scotland) Act 1995 (remote monitoring), and regulations under that section, apply in relation to the electronic monitoring of compliance with a curfew requirement in a supervision default order imposed under the supervision provisions as they apply in relation to the remote monitoring of compliance with a restriction of liberty order.
(2)
“The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).
Interpretation
20
(1)
In this Schedule—
F149"detention and training order” includes an order under section 211 of the Armed Forces Act 2006;
“sentence of imprisonment” includes any sentence of detention F152(except a sentence of service detention within the meaning of the Armed Forces Act 2006) and a sentence of custody for life under F153section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 F154or section 272 or 275 of the Sentencing Code, and cognate expressions shall be construed accordingly;
F155“supervision” means—
(a)
supervision under an order made for the purpose,
(b)
supervision under a detention and training order,
(c)
in the case of a person released from prison on licence, supervision under a condition contained in the licence,
(d)
supervision under section 256AA of the Criminal Justice Act 2003 (supervision after end of sentence), including supervision under that section as applied by F156section 247 of the Sentencing Code, or
(e)
supervision under section 256B of the Criminal Justice Act 2003 (supervision after release of certain young offenders serving less than 12 months).
(2)
References in this Schedule to a person being remanded in custody are references to his being remanded in or committed to custody by an order of a court.
(3)
In determining, in relation to any person serving a sentence of imprisonment, the time which is to be served in respect of an equivalent sentence treated as passed in another country or island, regard shall be had, not only to any time already served by him, but also to—
(a)
any periods for which he has been remanded in custody, being either—
(i)
periods by which his sentence falls to be reduced; or
(ii)
periods which have been directed to count as time served as part of his sentence; and
(b)
any early release or additional days awarded to him.