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Repatriation of Prisoners Act 1984

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This is the original version (as it was originally enacted).

4Temporary return

(1)a single warrant under this Act 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 Secretary of State 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 out side the British Islands from which he has previously been transferred into the United Kingdom under this Act or any other enactment; or

(b)to the United Kingdom from a country or territory out side the British Islands to which he has previously been transferred from the United Kingdom under this Act.

(2)The provisions contained by virtue of section 3(1)(c) above in a warrant under this Act 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 earlier warrant under this Act, 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 issued under this Act containing, with respect to provisions contained in an earlier warrant, 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 warrant under this Act 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.

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