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An Act to make provision for facilitating the transfer between the United Kingdom and places outside the British Isles of persons for the time being 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 jurisdiction.
[26th July 1984]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
C1By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Act: power to modify conferred (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 11 (with s. 33); S.I. 1997/2200, art. 2(1)(h)
C2Act excluded (1.9.2001) by 2001 c. 17, s. 42(5)(a) (with s. 78); S.I. 2001/2161, art. 2
C3Act extended (Isle of Man) (with modifications) (2.1.2002) by S.I. 2001/3936, art. 2
I1Act not in force at Royal Assent see s. 9(2); Act wholly in force at 15.4.1985.
(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 of 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
(c)the prisoner has consented to being transferred in accordance with those arrangements.
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 warrant under this Act, 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 warrant under this Act 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 warrant under this Act, 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 under this Act,
(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;
and, the [F1relevant Minister] shall not issue a warrant superseding an earlier warrant under this Act unless the requirements of this subsection were fulfilled in relation to the earlier warrant.
(5)The [F1relevant Minister] shall not issue a warrant under this Act unless he is satisfied that the consent given for the purposes of subsection (1)(c) above 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 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—
(a)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 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.
(8)In subsection (7)(b) above the reference to provisions similar to the provisions of this Act shall be construed as a reference to any provisions which have effect with respect to 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 jurisdiction.
[F2(9)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; and
(b)the Secretary of State in any other case.]
F1Words in s. 1(1)-(5) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(2)(a)
F2S. 1(9) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(2)(b)
C1Ss. 1-8: 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(1)-(10)
(1)The effect of a warrant 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 and his delivery, at a place of departure from the United Kingdom, into the custody of a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred; and
(b)the removal of the prisoner by the person to whom he is so delivered to a place outside the United Kingdom.
(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 [F1relevant 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 [F1relevant Minister] may give a direction varying the order referred to in subsection (2) above or providing for that order to cease to have effect.
[ F2(3A)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; 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 warrant under this Act, 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—
[F3(i)released on licence under section 33(1)(b), (2) or (3), 33A(2), 34A(3) or 35(1) of the M1Criminal Justice Act 1991 or section 28(5) or 29(1) of the M2Crime (Sentences) Act 1997;]
[F4(ii)released on licence under section 1(2), (3) or (4), 2(4) or 7(1) or (2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;]
[F5(iia)released subject to a supervised release order made under section 209 of the M3Criminal Procedure (Scotland) Act 1995;]
(iii)released on licenceunder [F6Article 6(3) of the Life Sentences (Northern Ireland) Order 2001] or discharged on licence [F7Article 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998] (release and discharge on licence of, respectively, persons serving imprisonment for life and [F7children] in detention for grave crimes); or
(iv)for the purposes of Part II of the M4Treatment 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 M5Criminal Procedure (Scotland) Act 1975 or [F8Article 44 of the Mental Health (Northern Ireland) Order 1986]or any order or direction made under another enactment but having the same effect as an order made under one of [F8those 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 [F8Article 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 [F8those provisions].
(7)References in this section to the order by virtue of which the prisoner is required to be detained at the time a warrant under this Act 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.
F1Words in s. 2(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(3)(a)
F2S. 2(3A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(3)(b)
F3S. 2(4)(b)(i) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 56; S.I. 1998/2327, art. 2(2)(s)
F4S. 2(4)(b)(ii) substituted (E.W.S.) (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 3(2) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).
F5S. 2(4)(b)(iia) inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 10(2)(b)(with s. 33); S.I. 1997/1712, art. 3, Sch.
F6Words in s. 2(4)(b)(iii) substituted (8.10.2001) by S.I. 2001/2565, arts. 1(2) 2(2); S.R. 2001/337, art. 2
F7Words in s. 2(4)(b)(iii) substituted (31.1.1999) by S.I. 1998/1504 (N.I. 9), arts. 1(2), Sch. 5 para. 22; S.R. 1999/25, art. 2(c)
F8Words substituted by S.I. 1986/596, art. 9
C1Ss. 1-8: 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(1)-(10)
M11991 c.53.
M21997 c.43.
M31995 c.46.
M4S.I. 1976/226 (N.I. 4.).
M51975 c. 21.
(1)The effect of a warrant 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 [F1relevant 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 warrant under this Act 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 [F1relevant 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 warrant under this Act 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 warrant under this Act.
(7)The Schedule to this Act shall have effect, subject to section 4(4) below, with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(c) above in a warrant under this Act.
(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.
[F2(9)The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a person who is a transferred life prisoner for the purposes of section 48 of the Criminal Justice Act 1991 or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to England and Wales or, as the case may be, Scotland) include provision specifying the part of his sentence which is treated by virtue of section 48 F3. . . as the relevant part of his sentence [F4or by virtue of section 10 as the designated part of his sentence].]
[F5(10)The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a prisoner to whom Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland) applies, include provision specifying the relevant part of his sentence within the meaning of Article 6 of that Order (duty to release certain life prisoners).]
F1Words in s. 3(1)(c)(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(4)
F2S. 3(9) inserted (E.W.S.) (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 3(3) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).
F3Words in s. 3(9) repealed (20.10.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 10(3)(a), Sch. 3 (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
F4Words in s. 3(9) inserted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 10(3)(b)(with s. 33); S.I. 1997/2323, art. 3, Sch. 1
F5S. 3(10) added (8.10.2001) by S.I. 2001/2565, arts. 1(2), 2(3); S.R. 2001/337, art. 2
C1Ss. 1-8: 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(1)-(10)
C2S. 3(9): by 1998 c. 37, s. 119, Sch. 8 para. 57(a)(b); S.I. 1998/2327, art. 2(2)(s) it is provided (30.9.1998) that in s. 3(9): (a) for the words “section 48 of the Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales)”there shall be substituted the words “section 33 of the Crime (Sentences) Act 1997 (life prisoner transferred to England and Wales)”; and (b) for the words “section 33 of the Crime (Sentences) Act 1997 (life prisoner transferred to England and Wales)”there shall be substituted the words “section 28 of that Act (duty to release certain life prisoners)”. The words referred to in each of sub-paras. (a) and (b) occur in the subsection (9) inserted in section 3 (1.10.1992) by 1991 c. 53, s. 100, Sch. 11 para. 35(2); S.I. 1992/333, art. 2(2), Sch. 2 (which inserting provision was repealed (E.W.S.) (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with s. 42, Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4))
(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 [F1relevant 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 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 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.
[F2(5)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; and
(b)the Secretary of State in any other case.]
F1Words in s. 4(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(5)(a)
F2S. 4(5) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(5)(b)
C1Ss. 1-8: 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(1)-(10)
(1)Where a warrant has been issued under this Act the following provisions of this section shall have effect for the purposes of the warrant, except (without prejudice to section 3(4) above or any enactment contained otherwise than in this Act) in relation to any time when the prisoner is required to be detained in accordance with provisions contained in the warrant by virtue of section 3(1)(c) above.
(2)The prisoner shall be deemed to be in the legal custody of the [F1relevant Minister] at any time when, being in the United Kingdom or on board a British ship, a British aircraft or a British hovercraft, he is being taken under the warrant to or from any place, or being kept in custody under the warrant.
(3)The [F1relevant Minister] may, from time to time, designate any person as a person who is for the time being authorised for the purposes of the warrant to take the prisoner to or from any place under the warrant, or to keep the prisoner in custody under the warrant.
(4)A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep the prisoner in custody shall have all the powers, authority, protection and privileges—
(a)of a constable in any part of the United Kingdom in which that person is for the time being; or
(b)if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken under the warrant.
(5)If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant under this Act.
(6)In subsection (2) above—
“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the M1Civil Aviation Act 1982 (application of criminal law to aircraft), or one of Her Majesty’s aircraft;
“British hovercraft” means a British-controlled hovercraft within the meaning of the said section 92 as applied in relation to hovercraft by virtue of provision made under the M2Hovercraft Act 1968, or one of Her Majesty’s hovercraft; and
“British ship” means a British ship within the meaning of the [F2M3Merchant Shipping Act 1995], or one of Her Majesty’s ships;
and in this subsection reference to Her Majesty’s aircraft, hovercraft or ships are references to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the United Kingdom.
(7)In subsection (5) above “constable”, in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment (including subsection (4) above), the powers of a constable in that or any other part of the United Kingdom.
[F3(8)In this section “relevant Minister” means–
(a)the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; and
(b)the Secretary of State in any other case.]
F1Words in s. 5(2)(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(6)(a)
F2S. 5(6): words in definition of “British ship”substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 73 (with s. 312(1))
F3S. 5(8) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(6)(b)
C1Ss. 1-8: 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(1)-(10)
M11982 c. 16.
M21968 c. 59.
M31995 c. 21.
Repatriation of Prisoners Act 1984