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Criminal Justice Act 1961

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Changes over time for: Section 28

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Version Superseded: 01/10/1997

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Point in time view as at 01/02/1991. This version of this provision has been superseded. Help about Status

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There are currently no known outstanding effects for the Criminal Justice Act 1961, Section 28. Help about Changes to Legislation

28 Transfer for trial.U.K.

(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 [F1or 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 [F1or that island], and for his removal to a prison or other institution there.

[F2(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 . . . F3 this section remains in the part of the United Kingdom [F1or 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) [F1or (1A)] of this section for the purpose of any proceedings, the responsible Minister [F1(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 [F1or island] from which he was transferred under subsection (1) [F1or (1A)] of this section;

(b)if he is not so sentenced, make an order for his return to the said country [F1or island], and for his removal to an appropriate institution in that country [F1or island], there to serve the remainder of the sentence referred to in subsection (1) [F1or (1A)] of this section.

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