Modifications etc. (not altering text)
C1Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Valid from 26/01/2004
Valid from 07/03/2005
(1)Subject to subsections (2) and (3), where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period.
(2)Subsection (1) does not apply in relation to a prisoner unless—
(a)the length of the requisite custodial period is at least 6 weeks, and
(b)he has served—
(i)at least 4 weeks of his sentence, and
(ii)at least one-half of the requisite custodial period.
(3)Subsection (1) does not apply where—
(a)the sentence is imposed under section 227 or 228,
(b)the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),
(c)the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),
(d)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42), or
(e)in the case of a prisoner to whom a direction under section 240 relates, the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days.
(4)A prisoner removed from prison under this section—
(a)is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
(i)Schedule 2 or 3 to the Immigration Act 1971, or
(ii)section 10 of the Immigration and Asylum Act 1999 (c. 33), and
(b)so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.
(5)So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 244 or 248 is exercisable in relation to him as if he were in prison.
(6)The Secretary of State may by order—
(a)amend the number of days for the time being specified in subsection (1) or (3)(e),
(b)amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and
(c)amend the fraction for the time being specified in subsection (2)(b)(ii).
(7)In this section “the requisite custodial period” has the meaning given by paragraph (a), (b) or (d) of section 244(3).
Commencement Information
I1S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)