SCHEDULES
C28C29 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
C11Part I Powers of transfer
Sch. 1 Pt. I extended (with modifications) (18.12.1998) by S.I. 1998/2798, arts. 2, 3, Schs.1, 2.
Transfer of prisoners: general
C11
C21
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.
F592A
If it appears to F108the 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, F109the 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.
F1062B
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.
C24
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.
F1075
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
C32
C41
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.
C43
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.
C44
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.
F1105
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
C53
C61
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.
C63
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.
F1114
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
C74
C81
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.
F1123
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
C95
C101
A transfer under this Part F60(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.
F1134
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.
F58Conditions of transfer under paragraph 1(2A)
Sch. 1 para. 5A and cross-heading inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(4), 19(1); S.R. 2004/267, art. 2
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) F114—
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 F115by the person who imposed it.
C23 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.
Preliminary
C126
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) F61or (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) F62or (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 F141, 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 F143, 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;
F1aa
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 F164section 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 F2recalled or returned to prison, whether for a breach of any condition of the licence or otherwise.
F142c
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.
F684
Restricted transfers: general
C13C147
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.
F1161A
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.
F1172A
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.
C152
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—
F79a
sections 241, F123243AF199toF201244A, F90246 to F144264BF124, 267A and 267B of F145, and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F165sections 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
F125ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C154
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—
F80a
sections 241 F126, 249 to F146264B, 267A and 267B of F147, and Schedules 19A, 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F166sections 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
F127ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F785
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”.
C35F786
Any provision of F167sections 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 F92youth 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
F173... any reference to the Secretary of State were a reference to the Scottish Ministers,
c
any reference to an officer of a F94provider 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 F174section 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,
F169ea
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
F171in 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
F175section 242(7) were omitted,
h
F176in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) there were substituted—
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 F177section 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
F178paragraph 2(3) of Schedule 12 were omitted,
j
F168k
paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.
F1617
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.
F1628
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 F181section 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
F182c
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
paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—
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 F172section 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
after subsection (3) there were inserted—
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.
F138Restricted transfers between England and Wales and Scotland: further provision about supervision default orders
Sch. 1 para. 8A and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 4 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
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;
- a
“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—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
subject F4... 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.
C162
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—
F81a
sections 241, F132243AF200toF202244A,F131246A, 247 to 252 F130, 254 to F151264B , 267A and 267B of F152, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F183sections 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
F133ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C164
Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—
F82a
sections 241, 249 to 252 F134, 254 to F153264B , 267A and 267B of F154, and Schedules 20A and 20B to, the 2003 Act (fixed-term prisoners) or, as the case may require, F184sections 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
F135ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F835
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”.
F1495A
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.
F1578
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1509
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
F185b
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
F5sections 1, F851AA, F1891AB, 1A, F1901B, 3, 3AA, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F19126ZA, 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, F66(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 F7sub-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.
C173
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.
F84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F9sections F861AA, 1A, F1921B, 2(4), 3AA, 3A, 11 to 13, 15 to 21, F19326ZA, 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;
C17F117
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 F87to Northern Ireland is a restricted transfer—
a
F12sections 1, F881AA, F1941AB, 1A, F1951B, 3, 3AA , 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F19726ZA, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case may require, sections 1(4), 2, 3, F136(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.
C183
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
F15Sub-paragraph (6) of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.
C186
Any provision of Part I of the 1993 Act F16. . . 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 |
F17F18Officer of a local probation board appointed for or assigned to such petty sessions area F93or 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) F63or (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) F64or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—
F19a
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 F96or 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.
F1183A
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 F97or 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) F65or (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) F66or (2A)(b), 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—
F21a
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 F98or 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.
F1193A
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 F22, the Life Sentences (Northern Ireland) Order 2001 or the Northern Ireland (Remission of Sentences) Act 1995 F99or 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
C1914
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
C2015
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.
C213
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.
C214
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.
F1204A
F159Sub-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)”.
F1584B
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.
F695
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers ceasing to be restricted
C2216
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
C2417
1
The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large), namely—
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
C25b
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.
F1217
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
C2618
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
C27C33C3419
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.
F139Service of process issued in Scotland
Sch. 1 paras. 19A, 19B and cross-headings inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 7 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
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—
F104"detention and training order” includes an order under section 211 of the Armed Forces Act 2006;
“prison”, unless the context otherwise requires, includes F91any accommodation which is youth detention accommodation (within the meaning given by F186section 248(1) of the Sentencing Code), a young offenders institution, a young offenders centre and a remand centre;
“sentence of imprisonment” includes any sentence of detention F105(except a sentence of service detention within the meaning of the Armed Forces Act 2006) and a sentence of custody for life under F25section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000F187or section 272 or 275 of the Sentencing Code, and cognate expressions shall be construed accordingly;
F160“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 F188section 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).
- a
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.
SCHEDULE 2 Repatriation of prisoners to the British Islands
Preliminary
1
Any reference in this Schedule to prisoners repatriated to any part of the United Kingdom is a reference to prisoners transferred there in pursuance of a warrant issued under the M14Repatriation of Prisoners Act 1984 (“the 1984 Act”).
Prisoners repatriated to England and Wales
F702
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F264
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prisoners repatriated to Scotland
5
1
This paragraph applies in relation to—
a
prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed before 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and
b
prisoners repatriated to Scotland in respect of such sentences on or after the relevant date.
F100c
prisoners detained in Scotland in pursuance of warrants which—
i
are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and
ii
relate to sentences that were imposed before 1 October 1993.
2
Paragraph 2 of the Schedule to the 1984 Act, as originally enacted, shall have effect, and shall be deemed to have had effect since 16th February 1990, as if—
a
in sub-paragraph (1), for the words “section 60 of the Criminal Justice Act 1967” there were substituted the words “
section 22 of the Prisons (Scotland) Act 1989
”
; and
b
at the end there were added the following sub-paragraph—
3
In this paragraph “sentence” means the provision included in a warrant which is equivalent to a sentence.
6
1
This paragraph applies in relation to—
a
prisoners repatriated to Scotland before 25th October 1996 (the “relevant date”) who were still serving sentences, which were imposed on or after 1st October 1993 in the country or territory from which they were transferred, on the relevant date; and
b
prisoners repatriated to Scotland in respect of such sentences on or after the relevant date and before the commencement of this Schedule.
2
Paragraph 2 of the Schedule to the 1984 Act shall have effect, and shall be deemed always to have had effect, with the omission of sub-paragraph (1A) and the insertion after sub-paragraph (2) of the following sub-paragraphs—
3
The question whether the prisoner is a short-term or long-term prisoner for the purposes of the enactments relating to release on licence 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 the M15Prisoners and Criminal Proceedings (Scotland) Act 1993 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—
“the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.
7
1
This paragraph applies in relation to prisoners repatriated to Scotland after the commencement of this Schedule whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993 F57but before the commencement of section 33 of the Criminal Justice (Scotland) Act 2003 (asp 7).
2
In paragraph 2 of the Schedule to the 1984 Act, for sub-paragraphs (1A) and (2) there shall be substituted the following sub-paragraphs—
2
If the warrant specifies a period to be taken into account for the purposes of sections 1(3) and 2(2) and (7) of the M16Prisoners and Criminal Proceedings (Scotland) Act 1993—
a
the amount of time the prisoner has served; and
b
where his sentence is a determinate one, his sentence,
shall, so far only as the question whether he has served any particular proportion or part of his sentence is concerned, be deemed to be increased by that period.
3
The question whether the prisoner is a long-term prisoner for the purposes of the enactments relating to release on licence 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 the Prisoners and Criminal Proceedings (Scotland) Act 1993 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—
“the enactments relating to release on licence” means sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.
F278
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prisoners repatriated to Northern Ireland
F1039
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prisoners repatriated to the Islands
11
1
This paragraph applies where any Order in Council under section 9(4) of the 1984 Act extends the provisions of that Act to any of the Channel Islands or the Isle of Man.
2
The modifications of that Act made by the Order may include modifications broadly corresponding to those made by any of paragraphs 1 to 10 above.
SCHEDULE 3 Transfers within the British Islands of responsibility for offenders conditionally discharged from hospital
Part I Amendments of the 1983 Act
Transfers from England and Wales to Scotland
1
After section 80 of the 1983 Act there shall be inserted the following section—
80A Transfer of responsibility for patients to Scotland.
1
If it appears to the Secretary of State, in the case of a patient who—
a
is subject to a restriction order under section 41 above; and
b
has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister.
2
Where responsibility for such a patient is transferred under this section, the patient shall be treated—
a
as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Scotland; and
b
as if he were subject to a restriction order under the corresponding enactment in force in Scotland.
3
Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order of limited duration, the restriction order to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.
Transfers from England and Wales to Northern Ireland
2
After section 81 of the 1983 Act there shall be inserted the following section—
81A Transfer of responsibility for patients to Northern Ireland.
1
If it appears to the Secretary of State, in the case of a patient who—
a
is subject to a restriction order or restriction direction under section 41 or 49 above; and
b
has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister.
2
Where responsibility for such a patient is transferred under this section, the patient shall be treated—
a
as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and
b
as if he were subject to a restriction order or restriction direction under the corresponding enactment in force in Northern Ireland.
3
Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.
Transfers from Northern Ireland to England and Wales
3
After section 82 of the 1983 Act there shall be inserted the following section—
82A Transfer of responsibility for patients to England and Wales from Northern Ireland.
1
If it appears to the relevant Minister, in the case of a patient who—
a
is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the M17Mental Health (Northern Ireland) Order 1986; and
b
has been conditionally discharged under Article 48(2) or 78(2) of that Order,
that a transfer under this section would be in the interests of the patient, that Minister may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State.
2
Where responsibility for such a patient is transferred under this section, the patient shall be treated—
a
as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
b
as if he were subject to a restriction order or restriction direction under section 41 or 49 above.
3
Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.
4
In this section “the relevant Minister” means the Minister exercising in Northern Ireland functions corresponding to those of the Secretary of State.
Transfers from England and Wales to the Islands
4
After section 83 of the 1983 Act there shall be inserted the following section—
83A Transfer of responsibility for patients to Channel Islands or Isle of Man.
If it appears to the Secretary of State, in the case of a patient who—
a
is subject to a restriction order or restriction direction under section 41 or 49 above; and
b
has been conditionally discharged under section 42 or 73 above,
that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority.
Transfers from the Islands to England and Wales
5
After section 85 of the 1983 Act there shall be inserted the following section—
85A Responsibility for patients transferred from Channel Islands or Isle of Man.
1
This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above.
2
The patient shall be treated—
a
as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and
b
as if he were subject to a restriction order or restriction direction under section 41 or 49 above.
3
Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made.
Part II Amendments of the 1984 Act
Transfers from Scotland to England and Wales
F846
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers from Scotland to Northern Ireland
F847
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers from Northern Ireland to Scotland
F848
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers from the Islands to Scotland
F849
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers from Scotland to the Islands
F8410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4 Minor and consequential amendments
Army Act 1955 (c.18)
I11
1
After subsection (3) of section 70 of the Army Act 1955 (civil offences) there shall be inserted the following subsection—
3A
Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.
2
For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—
1A
Where—
a
a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or
b
a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,
the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.
3
In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “
Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act)
”
.
4
In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “
or falls to be imposed under section 70(3A) above
”
.
5
In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “
Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act)
”
.
Air Force Act 1955 (c.19)
I22
1
After subsection (3) of section 70 of the Air Force Act 1955 (civil offences) there shall be inserted the following subsection—
3A
Where the corresponding civil offence is one to which section 2, 3 or 4 of the Crime (Sentences) Act 1997 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.
2
For subsection (1A) of section 71A of that Act (juveniles) there shall be substituted the following subsection—
1A
Where—
a
a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or
b
a person under that age is convicted of any civil offence to which section 2 of the Crime (Sentences) Act 1997 would apply and the court is not of the opinion mentioned in subsection (2) of that section,
the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.
3
In subsection (6A) of section 71AA of that Act (young service offenders: custodial orders), for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “
Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act)
”
.
4
In paragraph 3(1) of Schedule 5A to that Act (powers of court on trial of civilian), after the words “fixed by law” there shall be inserted the words “
or falls to be imposed under section 70(3A) above
”
.
5
In paragraph 10(6A) of that Schedule, for the words “Section 65 of the Criminal Justice Act 1991” there shall be substituted the words “
Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act)
”
.
Children and Young Persons Act 1963 (c.37)
F674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1967 (c.80)
5
F291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In subsection (4) of section 72 of that Act (power of magistrates to issue warrants for escaped prisoners and mental patients), after the words “restricting his discharge” there shall be inserted the words “
or in pursuance of a hospital direction and a limitation direction
”
.
Criminal Appeal Act 1968 (c.19)
I46
1
In subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—
a
after paragraph (b) there shall be inserted the following paragraph—
bb
a hospital direction and a limitation direction under that Part;
F30b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Immigration Act 1971 (c.77)
F737
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts Act 1973 (c.62)
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c.53)
F329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates’ Courts Act 1980 (c.43)
I510
F741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For subsection (3) of section 85 of that Act (power to remit fine) there shall be substituted the following subsections—
2A
Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.
3
In calculating any reduction required by subsection (2) or (2A) above any fraction of a day or hour shall be left out of account.
Criminal Justice Act 1982 (c.48)
F3311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health Act 1983 (c.20)
I612
F751
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
After that subsection there shall be inserted the following subsection—
1A
In the case of an offence the sentence for which would otherwise fall to be imposed under subsection (2) of section 3 or 4 of the Crime (Sentences) Act 1997, nothing in that subsection shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.
3
In subsection (4) of that section, the words “in the event of such an order being made by the court” shall cease to have effect.
F344
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
After subsection (4) of that section there shall be inserted the following subsection—
5
The preceding provisions of this section shall have effect as if—
a
the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment;
b
the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and
c
references in subsections (3) and (4) to a transfer direction included references to a hospital direction.
6
In section 54 of that Act (requirements as to medical evidence), after the words “38(1)” there shall be inserted the words “
45A(2)
”
.
7
In subsection (2) of section 61 of that Act (review of treatment)—
a
after the words “restriction order” there shall be inserted the words “
, limitation direction
”
; and
b
in paragraph (b), after the words “section 41(6)” there shall be inserted the words “
, 45B(3)
”
.
F1028
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In section 70(a) of that Act (applications to tribunals concerning restricted patients), after the words “hospital order” there shall be inserted the words “
, hospital direction
”
.
10
In subsection (1) of section 74 of that Act (restricted patients), after the words “who is subject to” there shall be inserted the words “
a limitation direction or
”
.
11
In subsection (5) of that section, after the word “above” there shall be inserted the words “
the relevant hospital direction and the limitation direction or, as the case may be,
”
.
12
In subsection (6) of that section, after the words “references to”, in the second place where they occur, there shall be inserted the words “
the hospital direction and the limitation direction or, as the case may be, to
”
.
13
In section 75(1)(b) of that Act (applications and references concerning conditionally discharged restricted patients), after the words “hospital order” there shall be inserted the words “
, hospital direction
”
.
14
In subsection (1) of section 79 of that Act (interpretation of Part V), after the words “restriction order” there shall be inserted the words “
, limitation direction
”
.
15
In subsection (2) of that section—
a
after the words “ “the relevant hospital order”” there shall be inserted the words “
, “the relevant hospital direction”
”
; and
b
after the words “the hospital order” there shall be inserted the words “
, the hospital direction
”
.
16
After subsection (3) of section 92 of that Act (interpretation of Part VI) there shall be inserted the following subsections—
4
Sections 80 to 85A above shall have effect as if—
a
any hospital direction under section 45A above were a transfer direction under section 47 above; and
b
any limitation direction under section 45A above were a restriction direction under section 49 above.
5
Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.
17
In subsection (1) of section 117 of that Act (after-care), after the words “transferred to a hospital in pursuance of” there shall be inserted the words “
a hospital direction made under section 45A above or
”
.
18
In subsection (3) of section 143 of that Act (general provisions as to regulations, orders and rules), after the word “section” there shall be inserted the word “
45A(10),
”
.
19
In subsection (1) of section 145 of that Act (interpretation)—
a
after the definition of “hospital” there shall be inserted the following definition—
“hospital direction” has the meaning given in section 45A(3)(a) above;
b
after the definition of “interim hospital order” there shall be inserted the following definition—
“limitation direction” has the meaning given in section 45A(3)(b) above;
Criminal Justice Act 1988 (c.33)
F7613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)
14
In sub-paragraph (5) of paragraph 9 of Schedule 2 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (exemption from exclusion orders), for the words “section 67 of the Criminal Justice Act 1967” there shall be substituted the words F35“
section 87 of the Powers of Criminal Courts (Sentencing) Act 2000
”
.
Criminal Justice Act 1991 (c.53)
I7C3015
F361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F365
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F366
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F367
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
16
1
In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (meaning of transferred life prisoner), for the words “section 26 of the Criminal Justice Act 1961” there shall be substituted the words “
paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997
”
.
2
In Schedule 6 to that Act, in paragraph 1, in the definition of “new provisions”, after the word “Act” where it last occurs, there shall be inserted the words “
and the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997
”
.
Criminal Justice and Public Order Act 1994 (c.33)
F3717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5 Transitional provisions and savings
Sentences for offences committed before the commencement of Chapter I of Part II
F381
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consecutive sentences for offences committed before and after that commencement
F392
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Concurrent sentences for offences committed before and after that commencement
F403
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crediting of periods of remand in custody
F414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to release certain life prisoners
5
F421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Section 28(7) of this Act shall have effect as if—
a
any reference of a prisoner’s case made to the Parole Board under section 32(2) or 34(4) of the 1991 Act had been made under section 28(6) of this Act; and
b
any such reference made under section 39(4) of that Act had been made under section 32(4) of this Act.
Life prisoners transferred to England and Wales
F446
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recall of life prisoners while on licence
7
1
Section 32(3) and (4) of this Act shall have effect as if any life prisoner recalled to prison under subsection (1) or (2) of section 39 of the 1991 Act had been recalled to prison under F101... section 32 of this Act.
2
Section 32(4) of this Act shall have effect as if any representations made by a life prisoner under section 39(3) of the 1991 Act had been made under section 32(3) of this Act.
Transfers of prisoners: general
F458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers of prisoners from England and Wales to Scotland
9
F461
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 8 of Schedule 1 to this Act shall have effect as if—
a
references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;
b
references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and
c
the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.
Transfers of prisoners from England and Wales to Northern Ireland
10
F471
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In relation to any time before the commencement of Chapter II of Part II of this Act, paragraph 9 of Schedule 1 to this Act shall have effect as if—
a
references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;
b
references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and
c
the reference in sub-paragraph (5) to any provision of Part II of this Act were a reference to any provision of Part II of that Act.
Transfers of prisoners from Scotland to England and Wales
11
F481
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In relation to any prisoner to whom the existing provisions apply, paragraph 10 of Schedule 1 to this Act shall have effect as if—
a
references in sub-paragraph (2) to F49sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M18Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, F49the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;
b
references in sub-paragraph (5) to F50sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and
c
the reference in sub-paragraph (7) to any provision of Part I of the 1993 Act F51. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.
C313
F51. . .In sub-paragraph (2) above—
a
the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and
b
any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.
Transfers of prisoners from Scotland to Northern Ireland
12
F521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In relation to any prisoner to whom the existing provisions apply, paragraph 11 of Schedule 1 to this Act shall have effect as if—
a
references in sub-paragraph (2) to F53sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M19Prisoners and Criminal Proceedings (Scotland) Act (“the 1993 Act”)were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43, and Schedule 1 to, F53the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18 or 39 of that Act;
b
references in sub-paragraph (4) to F54sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and
c
the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act F55. . . were a reference to any provision of the said Schedule 6 or the 1989 Act.
3
Sub-paragraph (3) of paragraph 11 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.
Interpretation
13
In this Schedule—
“life prisoner” has the same meaning as in Chapter II of Part II of this Act;
“term of imprisonment” includes a sentence of detention in a young offender institution or under section 53 of the 1933 Act.
I8C32I9I10 SCHEDULE 6Repeals
Sch. 6 in force in force at 1.10.1997 for specified purposes by S.I. 1997/2200, art. 2(1)(o)(p)(3)
Sch. 6 in force at 4.4.2005 for specified purposes by S.I. 2005/932, art. 2(1)(2)(b) (with art. 2(3))
Sch. 6 in force at 3.12.2012 for specified purposes by S.I. 2012/2901, art. 2(b)
Entries in Sch. 6 repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 139, Sch.10; S.I. 1998/2327, art. 2(2)(pp)(3)(x).
Sch. 6 excluded (1.1.1998) by S.I. 1997/2200, art. 5(1)(6)
Chapter | Short title | Extent of repeal |
|---|---|---|
9 & 10 Eliz. 2 c.39. | Criminal Justice Act 1961. | Part III. |
In section 36(1), the words “or under Part III”. | ||
In section 38, in subsection (3), the words “of Part III and” and, in subsection (6), the words “and of any enactment referred to in Part III of this Act”. | ||
In section 39, in subsection (1), the definitions of “appropriate institution” and “responsible Minister”, and subsection (1A). | ||
In section 42, in subsection (1), the words “Part III except section thirty-three” and, in subsection (2), the words “Part III”. | ||
1967 c.80. | Criminal Justice Act 1967. | Section 67. |
1973 c.62. | Powers of Criminal Courts Act 1973. | In section 2(3), the words from “and the court” to the end. |
In section 14(2), the words “the offender consents and”. | ||
In section 42(1), the words “or section 62 of the Criminal Justice Act 1967”. | ||
1983 c.20. | Mental Health Act 1983. | In section 37(4), the words “in the event of such an order being made by the court”. |
In section 47(1), the words “(not being a mental nursing home)”. | ||
In Schedule 1, in Part II, in paragraph 5, the word “and” immediately following sub-paragraph (a). | ||
1991 c.53. | Criminal Justice Act 1991. | In section 4(1), the words “section 3(1) above applies and”. |
In section 12, in subsection (1), the words “of or over the age of sixteen years” and, in subsection (5), the words from “and the court” to the end. | ||
F56. . . | ||
F56. . . | ||
In Schedule 2, in paragraph 14, in sub-paragraph (2)(b), the words from “being treatment” to the end. |
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