F1Part III

26 Transfer to serve sentence.

(1)

The responsible Minister may, on the application of a person serving a sentence of imprisonment or detention in any part of the United Kingdom, make an order for his transfer to another part of the United Kingdom F2or to any of the Channel Islands or the Isle of Man, there to serve the remainder of his sentence, and for his removal to an appropriate institution F3there.

(2)

Where a person has been sentenced to imprisonment or detention in any of the Channel Islands or the Isle of Man, 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 serve his sentence or the remainder of his sentence, as the case may be, and for his removal to an appropriate institution in that part of the United Kingdom.

(3)

. . . F4

F5(4)

Subject to the following provisions of this section, a person transferred under this section to any part of the United Kingdom or to any of the Channel Islands or the Isle of Man there to serve his sentence or the remainder of his sentence shall be treated for purposes of detention, release, supervision, recall and otherwise as if that sentence (and any other sentence to which he may be subject) had been an equivalent sentence passed by a court in the place to which he is transferred.

(4A)

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 subsection (4) of this section as the Secretary of State may direct.

27 Temporary transfer.

(1)

The responsible Minister may, on the application of a person serving a sentence of imprisonment or detention in any part of the United Kingdom, make an order for his temporary transfer to another part of the United Kingdom or to any of the Channel Islands or the Isle of Man and for his removal to an appropriate institution there.

(2)

The Secretary of State may, on the application of a person serving a sentence of imprisonment or detention in any of the Channel Islands or the Isle of Man, make an order for his temporary transfer to any part of the United Kingdom or another of those islands and for his removal to an appropriate institution there.

(3)

A person removed in pursuance of any such order from one country or island to another shall while in the country or island to which he is so removed be kept in custody except so far as the Minister by whom the order was made may in any particular case or class of case otherwise direct.

(4)

A person removed in pursuance of any such order from one country or island to another may without further order be returned to the country or island from which he was removed.

28 Transfer for trial.

(1)

If it appears to the responsible Minister that a person serving a sentence of imprisonment or detention in any part of the United Kingdom F6or to any of the Channel Islands or the Isle of Man should be transferred to another part of the United Kingdom for the purpose of attending criminal proceedings against him there, that Minister may make an order for his transfer to that other part F6or that island, and for his removal to a prison or other institution there.

F7(1A)

If it appears to the Secretary of State that a person serving a sentence of imprisonment or detention in any of the Channel Islands or the Isle of Man 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.

(2)

During the period for which a person transferred under . . . F8 this section remains in the part of the United Kingdom F6or island to which he is transferred, the provisions of section twenty-six of this Act relating to the treatment of persons transferred under that section shall apply to him as if he had been transferred to that part under that section.

(3)

Where a person has been transferred under subsection (1) F6or (1A) of this section for the purpose of any proceedings, the responsible Minister F6(in the case of a person so transferred to any part of the United Kingdom) or the Secretary of State (in the case of a person so transferred to any of the Channel Islands or the Isle of Man) may,—

(a)

if that person is sentenced to imprisonment or detention in those proceedings, make an order under section twenty-six of this Act (but without application in that behalf) transferring him back to the country F6or island from which he was transferred under subsection (1) F6or (1A) of this section;

(b)

if he is not so sentenced, make an order for his return to the said country F6or island, and for his removal to an appropriate institution in that country F6or island, there to serve the remainder of the sentence referred to in subsection (1) F6or (1A) of this section.

29 Removal for other judicial purposes.

(1)

If the responsible Minister is satisfied, in the case of a person detained in any part of the United Kingdom in a prison F9youth custody centre , remand centre, detention centre F10young offenders centreF11, young offenders institution or . . . F12F13 . . . F12place of safety that the attendance of that person at any place in that or any other part of the United Kingdom F14or in any of the Channel Islands or the Isle of Man is desirable in the interests of justice or for the purposes of any public inquiry, the responsible Minister may direct that person to be taken to that place.

F15(1A)

If the Secretary of State is satisfied, in the case of a person detained in any of the Channel Islands or the Isle of man in a prison, remand centre or detention centre, 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.

(2)

Where any person is directed under this section to be taken to any place he shall, unless the F16Minister by whom that direction is given 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 F17or place in which he is required in accordance with law to be detained.

F18(3)

In this section . . . F19 place of safety has—

(a)

in relation to England and Wales, the same meaning as in F20the M1Children and Young Persons Act 1933; and

(b)

in relation to Scotland, the same meaning as in the M2Children and Young Persons (Scotland) Act 1937; and

(c)

in relation to Northern Ireland, the same meaning as in the M3Children and Young Persons Act (Northern Ireland) 1950.

30 Prisoners unlawfully at large.

(1)

The following enactments (relating to the arrest and return of prisoners and other persons unlawfully at large) that is to say—

(a)

subsection (1) of section forty-nine of the M4Prison Act 1952;

(b)

subsection (1) of section F21thirty-seven of the M5Prisons (Scotland) Act 1952F2140 of the Prisons (Scotland) Act 1952 ; and

(c)

subsection (1) of section thirty-eight of the M6Prison Act (Northern Ireland) 1953,

shall extend throughout the United Kingdom, the Channel Islands and the Isle of Man; and any reference in those enactments to a constable shall include a reference to a person being a constable under the law of any part of the United Kingdom or of the Isle of Man, to a member of the police in Jersey, and to an officer of police within the meaning of section forty-three of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force.

(2)

The enactments mentioned in subsection (1) of this section shall also apply to persons who, being unlawfully at large under any law of the Channel Islands or of the Isle of Man, are for the time being within the United Kingdom as they apply respectively to persons unlawfully at large under the law of England, Scotland and Northern Ireland; and any person arrested in the United Kingdom under the said enactments as applied by this subsection may be taken to the place in the Channel Islands or the Isle of Man in which he is required in accordance with the law in force therein to be detained.

(3)

Where a person who, having been sentenced to imprisonment or detention, is unlawfully at large during any period during which he is liable to be detained in a prison, F22youth custody centreF23young offenders centreF24young offenders institution or detention centre in any part of the United Kingdom is sentenced to imprisonment or detention by a court in another part of the United Kingdom, the provisions of section twenty-six of this Act relating to the treatment of persons transferred under that section shall apply to him, while he remains in that other part of the United Kingdom, as if he had been transferred there under that section immediately before he was so sentenced, and the responsible Minister may, if he thinks fit, make an order under that section (but without application in that behalf) transferring him back to the part of the United Kingdom from which he was unlawfully at large.

F25(4)

In paragraph (a) of the proviso to subsection (2) of section forty-nine of the M7Prison 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) and in the proviso to subsection (2) of section thirty-seven of the M8Prisons (Scotland) Act 1952 and in subsection (3) of section thirty-eight of the M9Prison Act (Northern Ireland) 1953 (which contain corresponding provisions for Scotland and Northern Ireland) references to a court shall include references to any court in the United Kingdom.

31 Subsequent sentence in case of persons transferred or removed under Part III.

(1)

The power of a court in any part of the United Kingdom to order that the term of any sentence of imprisonment or detention passed by the court shall commence at or before the expiration of another term of imprisonment or detention 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 or the Isle of Man 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 Part of this Act, or is unlawfully at large under the law of the country in which that other sentence was passed.

(2)

The provisions of this section shall be without prejudice to the powers exercisable by any court apart from those provisions.

32 Supervision and recall.

(1)

The enactments mentioned in the next following subsection, so far as they make provision—

(a)

for the supervision of persons released from a prison or other institution in any part of the United Kingdom;

(b)

for the imposition upon persons so released of requirements or conditions to be complied with by them; or

(c)

for the recall or return of persons so released to such a prison or institution,

shall apply to a person so released who is for the time being in any other part of the United Kingdom or in the Channel Islands or the Isle of Man; and for that purpose those enactments shall extend throughout the United Kingdom, the Channel Islands and the Isle of Man.

F26(2)

The following are the enactments extended by this section, that is to say:—

(a)

. . . F27

(b)

. . . F28

(c)

. . . F29

F30(d)

section 23 of the Prison Act (Northern Ireland) 1953;

(e)

. . . F31

(f)

sections . . . F32, 12 and 14 of the M10Criminal Justice (Scotland) Act 1963 and Schedule 1 to that Act; and

(g)

sections 60 to 63 of the M11Criminal Justice Act 1967.

F33(h)

section 58A of the M12Children and Young Persons (Scotland) Act 1937

F34(i)

F35sections 206,F36212, 214, 421 and 423 of the M13Criminal Procedure (Scotland) Act 1975.

F37(j)

section 15 of the Criminal Justice Act 1982;

(k)

section 73(4), (5) and (6) of the Children and Young Persons Act (Northern Ireland) M141968.

(3)

Part II of the Third Schedule to this Act shall have effect for the purposes of that Schedule as extended by this section.

33 Orders under Part III.

Any order of a Secretary of State under this Part of this Act shall be given under the hand of the Secretary of State or of an Under-Secretary or Assistant Under-Secretary of State F38or of any authorised officer.