PART 8Prisoner Transfer

Transfer of prisoners114

1

The Repatriation of Prisoners Act 1984 M1 is amended as follows.

2

In section 3A M2 (prosecution of other offences), in subsections (1)(a) and (3)(d) (in both places), for “Great Britain” substitute “ the United Kingdom ”.

3

In section 6A M3 (transit)—

a

in subsections (1)(b) and (3)(b), for “Great Britain” substitute “ the United Kingdom ”;

b

in subsection (6), for “Great Britain” substitute “ the United Kingdom ”;

c

in subsection (7), for “Great Britain” substitute “ the United Kingdom ”;

d

in subsection (9)—

i

in paragraph (a)(ii), for “Great Britain” substitute “ the United Kingdom ”;

ii

after paragraph (a) insert—

aa

the Department of Justice in Northern Ireland, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

i

be present only in Northern Ireland, or

ii

arrive in Northern Ireland before being taken to another part of the United Kingdom;

e

in subsection (10) for “Great Britain”, in both places, substitute “ the United Kingdom ”.

4

In section 6B (transit: supplementary), in subsections (4) and (11)(a) (in both places), for “Great Britain” substitute “ the United Kingdom ”.

5

For section 6C substitute—

6CTransit through different parts of the United Kingdom

1

Where—

a

a transit order is issued by the Minister for one part of the United Kingdom (“jurisdiction A”), and

b

it is proposed that the person who is the subject of the order will whilst in transit be taken to another part of the United Kingdom (“jurisdiction B”),

the Minister for jurisdiction A must notify the Minister for jurisdiction B.

2

Notification need not be given where the Minister for jurisdiction B has agreed in writing to the transit order.

3

Unless the Minister for jurisdiction B agrees in writing to the transit order, the order authorises the detention of the person subject to it in jurisdiction A only.

4

But where the person escapes or is unlawfully at large, the order also authorises—

a

the arrest of the person under section 6B(5) in a part of the United Kingdom other than jurisdiction A, and

b

the detention of the person in that part by a constable (within the meaning of that section) for the purpose of taking the person to jurisdiction A.

5

For the purposes of this section—

a

the Minister for England and Wales, is the Secretary of State,

b

the Minister for Scotland is the Scottish Ministers, and

c

the Minister for Northern Ireland is the Department of Justice in Northern Ireland.

6

In section 6D (transit: unscheduled arrivals), in subsections (1)(c), (2), (3) (in both places) and (4), for “Great Britain” substitute “ the United Kingdom ”.

7

In section 8 (interpretation and certificates) M4—

a

in subsection (1), omit the definition of “international arrangements”, and

b

after subsection (2) insert—

2A

In this Act—

a

“international arrangements” includes any arrangements between the United Kingdom and a British overseas territory, and

b

references to a country or territory being a party to international arrangements include references to the country or territory being required to comply with provisions of a Framework Decision of the Council of the European Union (and references to international arrangements are to be construed accordingly).

8

In section 9 M5 (short title, commencement and extent)—

a

in subsection (3), omit “Subject to subsection (3A)”;

b

omit subsection (3A).