The Repatriation of Prisoners (Overseas Territories) Order 2017

5.  In section 2(1) (transfer out of the United Kingdom)—

(a)omit subsection (3A);

(b)for subsection (4)(b) substitute—

(b)to provide for the prisoner to be treated as having been released on supervision or licence.;

(c)for subsection (6) substitute—

(6) In subsection (5)—

“hospital order” means an order or direction made under an enactment applying in the territory and having the equivalent effect to an order or direction made under section 37 of the Mental Health Act 1983(2); and

“restriction order” means an order made under an enactment applying in the Territory and having the equivalent effect to an order made under section 41 of that Act..

(1)

Subsections 2(1) and (1A) were amended by section 93 of the Criminal Justice and Immigration Act 2008. Subsection 2(3) was amended by article 4 of, and paragraphs 75(1) and (3)(a) of Part 1 of Schedule 2 to, SI 1999/1820. Subsections 2(4)(a) and (7) were amended by section 148 of, and paragraphs 9, 12(1), (3)(a) and (4) of Part 2 of Schedule 26 to, the Criminal Justice and Immigration Act 2008.