SCHEDULES
C3C4 SCHEDULE 1 Transfer of prisoners within the British Islands
Sch. 1 excluded (1.1.1998) by S.I. 1997/2200, art. 5(6)
Sch. 1 excluded (18.9.1998) by S.I. 1998/2251, art. 16(5).
Sch. 1 excluded (1.9.2001) by 2001 c. 17, s. 42(5) (with s. 78); S.I. 2001/2161, art. 2
Sch. 1 extended (1.9.2001) by 2001 c. 17, s. 46(1) (with s. 78); S.I. 2001/2161, art. 2
C2 Part II Effect of transfers
Sch. 1 Pt. II excluded (28.7.1998) by 1998 c. 35, s. 17, Sch. 3 para. 9(1); S.I. 1998/1858, art.2.
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—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
subject F2... 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.
C12
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—
F3a
sections 241, F8243AF26toF27244A,F7246A, 247 to 252 F6, 254 to F16264B , 267A and 267B of F17, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F23sections 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
F9ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C14
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—
F4a
sections 241, 249 to 252 F10, 254 to F18264B , 267A and 267B of F19, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F24sections 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
F11ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F55
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”.
F145A
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.
F228
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F159
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
F25b
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
”
.
Sch. 1: exercise of functions restricted in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(1), Sch. 2 para. 3