F17Transfer of prisoners to or from the United Kingdom
C1C51 Issue of warrant for transfer.
1
Subject to the following provisions of this section, where—
a
the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (7) below applies, and
b
the F1relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of a particular person (in this Act referred to as “the prisoner”), and
F15c
in a case in which the terms of those arrangements provide for the prisoner to be transferred only with his consent, the prisoner's consent has been given,
the F1relevant Minister shall issue a warrant providing for the transfer of the prisoner into or out of the United Kingdom.
2
The F1relevant Minister shall not issue a F18warrant under this section, and, if he has issued one, shall revoke it, in any case where after the duty under subsection (1) above has arisen and before the transfer in question takes place circumstances arise, or are brought to the F1relevant Minister’s attention, which in his opinion make it inappropriate that the transfer should take place.
3
The F1relevant Minister shall not issue a F19warrant under this section providing for the transfer of any person into the United Kingdom unless—
a
that person is a British citizen; or
b
the transfer appears to the F1relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom; or
c
it appears to the F1relevant Minister that the transfer is such a transfer for the purpose of the temporary return of the prisoner to the United Kingdom as may be provided for by virtue of section 4(1)(b) below.
4
The F1relevant Minister shall not issue a F20warrant under this section, other than one superseding an earlier warrant, unless he is satisfied that all reasonable steps have been taken to inform the prisoner in writing in his own language—
a
of the substance, so far as relevant to the prisoner’s case, of the international arrangements in accordance with which it is proposed to transfer him,
b
of the effect in relation to the prisoner of the warrant which it is proposed to issue in respect of him F21...,
c
in the case of a transfer into the United Kingdom, of the effect in relation to the prisoner of the law relating to his detention under that warrant (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant),
d
in the case of a transfer out of the United Kingdom, of the effect in relation to the prisoner of so much of the law of the country or territory to which he is to be transferred as has effect with respect to transfers under those arrangements, and
e
of the powers of the F1relevant Minister under section 6 of this Act;
5
F16In such a case as is referred to in subsection (1)(c) above, the relevant Minister shall not issue a F22warrant under this section unless he is satisfied that the prisoner's consent was given in a manner authorised by the international arrangements in accordance with which the prisoner is to be transferred and was so given either—
a
by the prisoner himself; or
b
in circumstances where it appears to the F1relevant Minister inappropriate by reason of the physical or mental condition or the youth of the prisoner for the prisoner to act for himself, by a person appearing to the F1relevant Minister to be an appropriate person to have acted on the prisoner’s behalf.
6
A consent given for the purposes of subsection (1)(c) above shall not be capable of being withdrawn after a warrant F23under this section has been issued in respect of the prisoner; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 below subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 2(3) below.
7
This subsection applies to a person if he is for the time being required to be detained in a prison, a hospital or any other institution either—
C6a
by virtue of an order made in the course of the exercise by a court or tribunal in the United Kingdom, or in any country or territory outside the British Islands, of its criminal jurisdiction; or
b
under F24any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom or of the law of any country or territory outside the British Islands.
F507A
In subsection (7)(a) the reference to an order made by a court or tribunal in the United Kingdom in the course of the exercise of its criminal jurisdiction includes an order made (anywhere) by—
a
the Court Martial;
b
the Service Civilian Court;
c
the Court Martial Appeal Court; or
d
the Supreme Court on an appeal brought from the Court Martial Appeal Court.
8
In subsection (7)(b) above the reference to provisions similar to F25any of the provisions of this Act shall be construed as a reference to any provisions which have effect with respect to F26—
a
the transfer between different countries and territories (or different parts of a country or territory) of persons who are required to be detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts and tribunals of their criminal jurisdictionF27; or
b
the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).
F29
In this section “relevant Minister” means–
a
the Scottish Ministers in a case where the person who is the subject of the proposed transfer is for the time being required to be detained in a prison, a hospital or any other institution either–
i
in Scotland; or
ii
in the country or territory referred to in subsection (1)(b) above if it is proposed to transfer him from that country or territory to Scotland; F51...
F52aa
the Department of Justice in Northern Ireland in a case where the person who is the subject of the proposed transfer is for the time being required to be detained in a prison, a hospital or any other institution either—
i
in Northern Ireland; or
ii
in the country or territory referred to in subsection (1)(b) above if it is proposed to transfer him from that country or territory to Northern Ireland; and
b
the Secretary of State in any other case.
C22 Transfer out of the United Kingdom.
F281
The effect of a warrant F29under section 1 under section 1 providing for the transfer of the prisoner out of the United Kingdom shall be to authorise—
a
the taking of the prisoner to any place in any part of the United Kingdom, his delivery at a place of departure from the United Kingdom into the custody of an appropriate person and his removal by that person from the United Kingdom to a place outside the United Kingdom; or
b
the taking of the prisoner to any place in any part of the United Kingdom, his removal from the United Kingdom and his delivery, at the place of arrival from the United Kingdom, into the custody of an appropriate person.
1A
In subsection (1) “appropriate person” means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.
2
Subject to subsections (3) to (5) below, the order by virtue of which the prisoner is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after his removal from the United Kingdom so as to apply to him if he is again in the United Kingdom at any time when under that order he is to be, or may be, detained.
3
If, at any time after the removal of the prisoner from the United Kingdom, it appears to the F3relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the prisoner was transferred, the F3relevant Minister may give a direction varying the order referred to in subsection (2) above or providing for that order to cease to have effect.
F43A
In subsection (3) above, “relevant Minister” means–
a
the Scottish Ministers where the order referred to in subsection (2) above relates to a person who has been removed from Scotland by virtue of a warrant issued under section 1 above; F53...
F54aa
the Department of Justice in Northern Ireland where the order referred to in subsection (2) above relates to a person who has been removed from Northern Ireland by virtue of a warrant issued under section 1 above; and
b
the Secretary of State in any other case.
4
The power by direction under subsection (3) above to vary the order referred to in subsection (2) above shall include power by direction—
a
to provide for how any period during which the prisoner is, by virtue of a F30warrant under section 1 , out of the part of the United Kingdom in which that order has effect is to be treated for the purposes of that order; and
b
to provide for the prisoner to be treated as having been—
F14 i
released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under F59Chapter 6 of Part 12 of the Criminal Justice Act 2003; or
F5ii
released on licence under section 1(2), (3) or (4), F621AB, 2(4) or 7(1) or (2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
F6iia
released subject to a supervised release order made under section 209 of the M1Criminal Procedure (Scotland) Act 1995;
iii
released on licenceunder F7Article 6(3) of the Life Sentences (Northern Ireland) Order 2001 or discharged on licence F8Article 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998 (release and discharge on licence of, respectively, persons serving imprisonment for life and F8children in detention for grave crimes); or
F49iiia
released on licence under Article 17 or 19 of the Criminal Justice (Northern Ireland) Order 2008;
iv
for the purposes of Part II of the M2Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge), discharged from prison or a young offenders centre in pursuance of rules made under section 13 of the said Act of 1953.
5
Except in relation to any period during which a restriction order is in force in respect of the prisoner, subsection (2) above shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to the prisoner—
a
at the time of his removal from the United Kingdom if no restriction order is in force in respect of him at that time; and
b
if at that time a restriction order is in force in respect of him, as soon after his removal as the restriction order ceases to have effect.
6
In subsection (5) above—
“hospital order” means an order made under section 37 of the Mental Health Act 1983, section 175 or 376 of the M3Criminal Procedure (Scotland) Act 1975 or F9Article 44 of the Mental Health (Northern Ireland) Order 1986F31 or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 or any order or direction made under another enactment but having the same effect as an order made under one of F9those provisions; and
“restriction order” means an order made under section 41 of the said Act of 1983, section 178 or 379 of the said Act of 1975 or F9Article 47 of the said Order of 1986 or any order or direction made under another enactment but having the same effect as an order made under one of F9those provisions.
7
References in this section to the order by virtue of which the prisoner is required to be detained at the time a F32warrant under section 1 is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.
C33 Transfer into the United Kingdom.
1
The effect of a warrant F33under section 1 providing for the transfer of the prisoner into the United Kingdom shall be to authorise—
a
the bringing of the prisoner into the United Kingdom from a place outside the United Kingdom;
b
the taking of the prisoner to such place in any part of the United Kingdom, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (c) below, as may be specified in the warrant; and
c
the detention of the prisoner in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the F10relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which the prisoner is transferred.
2
Subject to section 4(2) to (4) below, a provision shall not be contained by virtue of subsection (1)(c) above in a F34warrant under section 1 unless it satisfies the following two conditions, that is to say—
a
it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and
b
it is a provision which at the time the warrant is issued may be contained in an order made either—
i
in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the prisoner is to be detained; or
ii
otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i) above.
3
In determining for the purposes of paragraph (c) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph, the F10relevant Minister shall, to the extent that it appears to him consistent with those arrangements to do so, have regard to the inappropriateness of the warrant’s containing provisions which—
a
are equivalent to more than the maximum penalties (if any) that may be imposed on a person who, in the part of the United Kingdom in which the prisoner is to be detained, commits an offence corresponding to that in respect of which the prisoner is required to be detained in the country or territory from which he is to be transferred; or
b
are framed without reference to the length—
i
of the period during which the prisoner is, but for the transfer, required to be detained in that country or territory; and
ii
of so much of that period as will have been, or be treated as having been, served by the prisoner when the said provisions take effect.
4
Subject to subsection (6) below and the Schedule to this Act, a provision contained by virtue of subsection (1)(c) above in a F35warrant under section 1 shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2) (b) above.
5
A provision contained by virtue of subsection (1)(c) above in a warrant under this Act shall take effect with the delivery of the prisoner to the place specified in the warrant for the purposes of subsection (1)(b) above.
6
Subsection (4) above shall not confer any right of appeal on the prisoner against provisions contained by virtue of subsection (1)(c) above in a F36warrant under section 1.
7
8
For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) above could have been made as so mentioned, there shall be disregarded both—
a
any requirement that certain conditions must be satisfied before the order is made; and
b
any restriction on the minimum period in respect of which the order may be made.
F139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3AF58Prosecution of other offences
1
This section applies where—
a
a person has been transferred into F60the United Kingdom under a warrant under section 1, and
b
the international arrangements in accordance with which the person has been transferred contain a speciality provision.
2
The person must not, unless a condition in subsection (3) is met—
a
be prosecuted for any offence committed before the departure of that person from the country or territory from which that person has been transferred, or
b
be detained or otherwise subjected to any restriction of liberty for any offence committed before the departure of that person from the country or territory from which that person has been transferred, other than the offence in respect of which the person has been transferred.
3
For the purposes of subsection (2), the conditions are as follows—
a
the person has consented to the transfer;
b
the offence is an offence which is not punishable with imprisonment or another form of detention;
c
the offence is an offence in respect of which the person will not be detained in connection with the person's trial, sentence or appeal;
d
the person is given an opportunity to leave F61the United Kingdom and—
i
the person does not do so before the end of the permitted period, or
ii
if the person does so before the end of the permitted period, the person subsequently returns to Great Britain;
e
after the transfer has taken place, the person has made a renunciation of the application of subsection (2) to the offence;
f
the appropriate authority of the country or territory from which the person has been transferred consents to the prosecution of the offence.
4
For the purpose of subsection (3)(d) the “permitted period” is 45 days starting with the day on which the person's sentence ends.
5
For the purpose of subsection (3)(e) a renunciation must be made before a court before which the person may be prosecuted for that offence.
6
In this section a “speciality provision” means a provision preventing or limiting the prosecution, detention or other restriction of liberty of the person (“P”) for any offence committed before the departure of P from the country or territory from which P has been transferred, other than for the offence in respect of which P has been transferred.
C44 Temporary return.
1
A single F40warrant under section 1 may provide for the transfer of the prisoner both out of and into (or into and out of) the United Kingdom if it appears to the F11relevant Minister that the transfers are to be for the purpose of the temporary return of the prisoner either—
a
from the United Kingdom to a country or territory outside the British Islands from which he has previously been transferred into the United KingdomF41, or from which responsibility for his detention and release has previously been transferred to the United Kingdom, under this Act or any other enactment; or
b
to the United Kingdom from a country or territory outside the British Islands to which he has previously been transferredF42, or to which responsibility for his detention and release has previously been transferred, from the United Kingdom under this Act.
2
The provisions contained by virtue of section 3(1)(c) above in F43a warrant under section 1 issued for the purpose of the temporary return of the prisoner to a country or territory outside the British Islands may, where the prisoner is required when that warrant is issued to be detained in accordance with provisions so contained in an F44earlier warrant under section 1 or section 4A, require the prisoner to continue, after his return to the part of the United Kingdom in which the provisions contained in the earlier warrant have effect, to be detained in accordance with those earlier provisions.
3
A warrant F45issued under section 1 containing, with respect to provisions contained in an earlier warrant F46under section 1 or section 4A, any such requirement as is referred to in subsection (2) above, shall provide that any period during which the prisoner is out of the part of the United Kingdom in which the provisions contained in the earlier warrant have effect and is in custody is to be treated (except to such extent as may be specified in the warrant in order that effect may be given to the international arrangements in question) as a period during which the prisoner is detained under the provisions contained in the earlier warrant.
4
The provisions contained by virtue of section 3(1)(c) above in a F47warrant under section 1 issued for the purpose of the temporary return of the prisoner to the United Kingdom may require the prisoner to be detained in accordance with any order which on his return will apply in respect of him in pursuance of section 2(2) above; and the Schedule to this Act shall not apply in relation to the provisions so contained in such a warrant.
F125
In this section “relevant Minister” means–
a
the Scottish Ministers in a case where the prisoner is a person who is either–
i
detained in Scotland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Scotland under this Act or any other enactment; or
ii
detained in a country or territory outside the British Islands to which he has previously been transferred from Scotland under this Act; F55...
F56aa
the Department of Justice in Northern Ireland in a case where the prisoner is a person who is either—
i
detained in Northern Ireland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Northern Ireland under this Act or any other enactment; or
ii
detained in a country or territory outside the British Islands to which he has previously been transferred from Northern Ireland under this Act; and
b
the Secretary of State in any other case.
F486
Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).
F577
Any reference in subsection (5)(aa) to the prisoner having previously been transferred into or from Northern Ireland includes a reference to responsibility for his detention and release having previously been transferred to or from the Department of Justice in Northern Ireland (as the case may be).
S. 1 cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 10; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)