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SCHEDULEU.K. Operation of Certain Enactments in Relation to the Prisoner

[F1Part 1U.K.Warrants under section 1 Application of Part 1]

Textual Amendments

[F2Release on licence][F2Early release]U.K.

Textual Amendments

F2Sch. para. 2 and cross-heading substituted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 33(1)(b)(i), 89(2) (with s. 33(2)); S.S.I. 2003/288, art. 2, sch.

2[F2[F3(1)In determining for the purposes of any of the enactments relating to release on licence whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision, the prisoner’s sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.]U.K.

[F4(2)If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3ZA)The Secretary of State may specify in the warrant that the prisoner is to be treated for the purposes of the enactments relating to release on licence as if the sentence to be served by the prisoner was imposed in respect of—

(a)a particular offence under the law of England and Wales,

(b)such an offence carried out in a certain manner or in certain circumstances, or

(c)such an offence in relation to which certain findings were made by the court before which the prisoner was convicted or sentenced for the offence;

and if that is done those enactments have effect accordingly.

(3ZB)An offence may be specified under sub-paragraph (3ZA) only if it corresponds to the offence in respect of which the prisoner is required to be detained in the country or territory from which the prisoner is transferred (“the overseas offence”).

(3ZC)A specification under sub-paragraph (3ZA)(b) may be made only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the overseas offence was committed in the manner or circumstances to be specified (or in a corresponding manner or corresponding circumstances).

(3ZD)A finding may be specified under sub-paragraph (3ZA)(c) only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the finding to be specified could properly have been made by a court in England and Wales dealing with the prisoner.

(3ZE)Sub-paragraph (3ZA) does not result in the enactments relating to release on licence applying in a way in which they could not apply in relation to a sentence imposed in respect of the offence specified under that sub-paragraph—

(a)that was committed at the same time as the overseas offence was committed, or

(b)in respect of which a conviction was made, or sentence passed, at the same time as occurred in respect of the overseas offence.

(3ZF)The Secretary of State may amend a warrant (whether issued before or after sub-paragraph (3ZA) comes into force and whether or not the transfer it authorised has taken place) so as to specify the matters there referred to.]

(4)In this paragraph—

[F2(1)In determining, for the purposes of sections 1(1) to (3), [F91AB(3),] [F101AA, 2(2) and (7), 3AA] and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), in their application to prisoners repatriated to Scotland (eligibility for early release from a sentence), whether the prisoner has at any time served a particular proportion or part of the sentence, the sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.

(2)If the warrant specifies a period to be taken into account for the purposes of section 1(3) [F11, 2(2) or (7) or 3AA] of that Act (eligibility of long-term and life prisoners as respects release on licence) [F12, or of section 1AB(3) of that Act in the case of a long-term prisoner to whom that section applies]—

(a)the amount of time the prisoner has served; and

(b)where the sentence is a determinate one, the sentence,

shall, so far only as the question whether he has served any particular proportion or part of the sentence is concerned, be deemed to be increased by that period.

(3)The question whether the prisoner is a short-term or a long-term prisoner for the purposes of any of the sections mentioned in sub-paragraph (1) above shall be determined by reference to the length of the sentence imposed in the country or territory from which he is transferred.

[F13(3A)If sub-paragraph (3B) or (3C) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if that offence was within section 1AB(2) of that Act (terrorist offences carrying restricted eligibility for release on licence).

(3B)This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 1 or 2 of Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (terrorism offences carrying restricted eligibility for release on licence).

(3C)This sub-paragraph applies if the warrant specifies that—

(a)the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),

(b)section 31 of the Counter-Terrorism Act 2008 (sentences for offences aggravated by terrorist connection) would have been capable of applying in relation to the corresponding offence if—

(i)it had been committed at the same time as the overseas offence, and

(ii)the prisoner had been convicted of and sentenced for it in Scotland at the same time respectively as the conviction and sentencing for the overseas offence, and

(c)findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified its being found proved for the purposes of that section that the corresponding offence was aggravated by reason of having a terrorist connection.

(3D)The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3A) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3B) or (3C).]

(4)For the purposes of Schedule 6 to that Act, a prisoner’s sentence shall be deemed to have been imposed on the day on which the relevant provisions take effect.

(5)In this paragraph, “sentence”, except in sub-paragraph (3) above, means the provision included in the warrant which is equivalent to a sentence.]

Textual Amendments

F3Sch. para. 2(1)(1A) substituted for para. 2(1) (E.W.S.) (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 3(4) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F4Sch. para. 2(2)-(4) substituted for Sch. 2 para. (1A)(2) (E.W.) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 43(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(19) (with savings in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F5Sch. para. 2(3) omitted (E.W.) (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(a), 208(5)(p) (with s. 145(2))

F6Sch. para. 2(3A) omitted (E.W.) (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(a), 208(5)(p) (with s. 145(2))

F7Sch. para. 2(3ZA)-(3ZF) substituted for Sch. para. 2(3B)-(3F) (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(b), 208(5)(p) (with s. 145(2))

F8Words in Sch. para. 2(4) substituted (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(c), 208(5)(p) (with s. 145(2))

F9Word in Sch. para. 2(1) inserted (S.) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(2)

F12Words in Sch. para. 2(2) inserted (S.) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(3)

Modifications etc. (not altering text)

C1Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to Scotland) by 1997 c. 43, s. 42, Sch. 2 para. 6(1)(2); S.I. 1997/2200, art. 2(1)(h)

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to E.W.) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1)(h) (and, as so modified, further modified (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 58; S.I. 1998/2327, art. 2(1)(y)(2)(s), and further modified by art. 5(3)(b) of that S.I., and further modified (E.W.) (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 94(1)(a)(2))

Sch. para. 2 modified (1.10.1997 in relation to prisoners repatriated to E.W.) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1)(h) (and, as so modified, further modified (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 59; S.I. 1998/2327, art. 2(1)(y)(2)(s), and further modified (E.W.) (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 94(1)(b)(2))

Sch. para. 2 modified (E.W.) (prosp.) by 1997 c. 43, s. 42, Sch. 2 paras. 4(1)(4) (which Sch. 2 para. 4 was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch. 10; S.I. 1998/2327, art. 2(1)(2)(pp)(3)(y))

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to Scotland) by 1997 c. 43, s. 42, Sch. 2 para. 5(1)(2) (which modification shall be deemed to have had effect since 16.2.1990); S.I. 1997/2200, art. 2(1)(h)

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to Scotland) by 1997 c. 43, s. 42, Sch. 2 para. 7(2); S.I. 1997/2200, art. 2(1)(h)

Sch. para. 2 modified (S.) (prosp.) by 1997 c. 43, s. 42, Sch. 2 para. 8(1)(2) (which amending Sch. 2 para. 8 was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch. 10; S.I. 1998/2327, art. 2(1)(2)(pp)(3)(y))

Sch. para. 2 modified (retrospectively in relation to prisoners repatriated to N.I.) by 1997 c. 43, s. 42, Sch. 2 para. 9(1)(2); S.I. 1997/2200, art. 2(1)(h)

C2Sch. para. 2: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(11)

C3Sch. para. 2 (as it applies in E.W. in relation to offences committed before 4.4.2005) modified (9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(4); S.I. 2008/1466, art. 2(c)(i) (with art. 4)

[F142A(1)This paragraph applies to a prisoner repatriated to Northern Ireland.N.I.

(2)In determining for the purposes of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that Chapter, the prisoner's sentence shall subject to sub-paragraph (3), be deemed to begin with the day on which the relevant provisions take effect.

(3)If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular proportion or part of his sentence, be deemed to be increased by that period.

(4)Where the prisoner's sentence is for a term of less than 12 months, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply as if the sentence were for a term of 12 months or more.

[F15(4A)If sub-paragraph (4B) or (4C) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if that offence was within Article 20A(2) (terrorist offences carrying restricted eligibility for release on licence).

(4B)This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 2, 4, 5 or 7 of Schedule 2A to the Criminal Justice (Northern Ireland) Order 2008 (terrorism offences carrying restricted eligibility for release on licence).

(4C)This sub-paragraph applies if the warrant specifies that—

(a)the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),

(b)section 30 of the Counter-Terrorism Act 2008 would have applied to the corresponding offence if—

(i)it had been committed at the same time as the overseas offence, and

(ii)the prisoner had been convicted of and sentenced for it in Northern Ireland at the same time respectively as the conviction and sentencing for the overseas offence, and

(c)findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the corresponding offence had a terrorist connection.

(4D)The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4A) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4B) or (4C).]

(5)In this paragraph “sentence” means the provision included in the warrant which is equivalent to sentence.]

Textual Amendments