The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997

Article 3

SCHEDULE 2TRANSITIONAL PROVISIONS

1.  In this Schedule, “life prisoner” has the same meaning as in Chapter II of Part II of the Act.

Restricted transfers from England and Wales to Guernsey

2.—(1) In relation to any person serving a determinate custodial sentence imposed in respect of an offence committed before the commencement of Chapter I of Part II of the Act, paragraph 2 of Schedule 1 to this Order shall have effect as if—

(a)in sub-paragraph (1), paragraph (a) and, in paragraph (b), the words “to that and” were omitted;

(b)references in sub-paragraph (2) to provisions of that Chapter were references to sections 33, 35 to 46 and 65 of the Criminal Justice Act 1991 (“the 1991 Act”)(1) and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as relating to short-term or long-term prisoners;

(c)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37 to 40, 43 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as so relating;

(d)the reference in sub-paragraph (6) to any provision of Part II of the Act were a reference to any provision of Part II of the 1991 Act, there was inserted after “the following Table” in that sub-paragraph “or, as the case may be, any reference to such as an expression as it occurs in the provision specified in the first column, within brackets immediately following the expression in question,” and the Table set out in that sub-paragraph contained the following entry—

(e)section 67 of the Criminal Justice Act 1967(2) or, as the case may require, section 9 of the Act extended to Guernsey.

(2) In relation to any time before the commencement of Chapter II of Part II of the Act, paragraph 2 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c)the reference in sub-paragraph (6) to any provision of Part II of the Act were a reference to any provision of Part II of the 1991 Act.

Restricted transfers from England and Wales to the Isle of Man

3.—(1) In relation to any person serving a determinate custodial sentence imposed in respect of an offence committed before the commencement of Chapter I of Part II of the Act, paragraph 3 of Schedule 1 to this Order shall have effect as if—

(a)in sub-paragraph (1), paragraph (a) and, in paragraph (b), the words “to that and” were omitted;

(b)references in sub-paragraph (2) to provisions of that Chapter were references to sections 33, 35 to 37, 39, 41 to 46 and 65 of the Criminal Justice Act 1991 (“the 1991 Act”) and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as relating to short-term or long-term prisoners;

(c)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37 to 39, 43 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as so relating;

(d)the reference in sub-paragraph (6) to any provision of Part II of the Act were a reference to any provision of Part II of the 1991 Act and the Table referred to in that sub-paragraph contained the following entries—

(e)section 67 of the Criminal Justice Act 1967 or, as the case may require, section 9 of the Act extended to the Isle of Man.

(2) In relation to any time before the commencement of Chapter II of Part II of the Act, paragraph 3 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c)the references in sub-paragraph (6) to any provision of Part II of the Act were a reference to any provision of Part II of the 1991 Act.

Restricted transfers from England and Wales to Jersey

4.—(1) In relation to any person serving a determinate custodial sentence imposed in respect of an offence committed before the commencement of Chapter I of Part II of the Act, paragraph 4 of Schedule 1 to this Order shall have effect as if—

(a)in sub-paragraph (1), paragraph (a) and, in paragraph (b), the words “to that and” were omitted;

(b)references in sub-paragraph (2) to provisions of that Chapter were references to sections 33, 35 to 39, 40 (but not subsection (3) of that section), 41 to 46 and 65 of the Criminal Justice Act 1991 (“the 1991 Act”) and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as relating to short-term or long-term prisoners;

(c)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37 to 39, 40 (but not subsection (3) of that section), 43 to 46 and 65 of the 1991 Act and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act, so far as so relating;

(d)the reference in sub-paragraph (6) to any provision of Part II of the Act were a reference to any provision of Part II of the 1991 Act and the Table referred to in that sub-paragraph contained the following entry—

(e)section 67 of the Criminal Justice Act 1967 or, as the case may require, section 9 of the Act extended to Jersey.

(2) In relation to any time before the commencement of Chapter II of Part II of the Act, paragraph 4 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to provisions of that Chapter were references to sections 34 to 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as relating to life prisoners;

(b)references in sub-paragraph (4) to provisions of that Chapter were references to sections 37, 39, 43 and 46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as so relating; and

(c)the reference in sub-paragraph (6) to any provision of Part II of the Act were a reference to any provision of Part II of the 1991 Act.

Restricted transfers from Scotland to Guernsey

5.—(1) In relation to any prisoner sentenced on or after 1st October 1993 in respect of an offence committed before the commencement of section 33 of the Crime and Punishment (Scotland) Act 1997 (“the 1997 Act”), paragraph 5 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to sections 15, 18 and 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), and sections 33(5), 34, 37 and 39 of the 1997 Act were references to sections 1 to 3, 5(3), 6(1)(a) and (b)(i) and (iii), 9, 11 to 13(4), 15 to 21(5) and 27(6) of, and Schedules 2 and 6(7) to, the 1993 Act;

(b)references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to sections 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(c)references in that sub-paragraph to sections 2(4), 11 to 13 and 17 of the 1993 Act were references to sections 26(8) and 28(9) of the Prisons (Scotland) Act 1989 (“the 1989 Act”); and

(d)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the 1993 Act, there was inserted after “the following Table” in that sub-paragraph “or, as the case may be, any reference to such an expression as it occurs in the provision specified in the first column, within brackets immediately following the expression in question,”, and the Table set out in that sub-paragraph contained the following entry—

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 5 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18(10), 19(4)(11), 22(12), 24(13), 26, 28 to 30(13), 32(13) and 43(14) of, and Schedule 1(13) to, the 1989 Act and any rules made under section 18 or 39 of that Act;

(b)references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) In sub-paragraph (1) above the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the Criminal Procedure (Scotland) Act 1995(15); and in sub-paragraph (2) above—

(a)the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

(b)any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.

Restricted transfers from Scotland to the Isle of Man

6.—(1) In relation to any prisoner sentenced on or after 1st October 1993 in respect of an offence committed before the commencement of section 33 of the Crime and Punishment (Scotland) Act 1997 (“the 1997 Act”), paragraph 6 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to sections 15, 18 and 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to sections 1 to 3, 5, 6(1)(a) and (b)(i) and (iii), 9, 11 to 13, 15, 17 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(b)references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to sections 11 to 13, 15, 17 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(c)references in that sub-paragraph to sections 2(4), 11 to 13 and 17 of the 1993 Act were references to sections 26 and 28 of the Prisons (Scotland) Act 1989 (“the 1989 Act”); and

(d)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the 1993 Act.

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 6 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, the 1989 Act and any rules made under section 18 or 39 of that Act;

(b)references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) In sub-paragraph (1) above the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the Criminal Procedure (Scotland) Act 1995; and in sub-paragraph (2) above—

(a)the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

(b)any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.

Restricted transfers from Scotland to Jersey

7.—(1) In relation to any prisoner sentenced on or after 1st October 1993 in respect of an offence committed before the commencement of section 33 of the Crime and Punishment (Scotland) Act 1997 (“the 1997 Act”), paragraph 7 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to sections 15, 18 and 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to sections 1 to 3, 5, 6(1)(a) and (b)(i) and (iii), 9, 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(b)references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to sections 11 to 13, 15 to 21 and 27 of, and Schedules 2 and 6 to, the 1993 Act;

(c)references in that sub-paragraph to sections 2(4), 11 to 13 and 17 of the 1993 Act were references to sections 26 and 28 of the Prisons (Scotland) Act 1989 (“the 1989 Act”); and

(d)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the 1993 Act, there was inserted after “the following Table” in that sub-paragraph “or, as the case may be, any reference to such an expression as it occurs in the provision specified in the first column, within brackets immediately following the expression in question,”, and the Table set out in that sub-paragraph contained the following entry—

(2) In relation to any prisoner to whom the existing provisions apply, paragraph 7 of Schedule 1 to this Order shall have effect as if—

(a)references in sub-paragraph (2) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5), 34, 37 and 39 of the 1997 Act were references to Schedule 6 to the 1993 Act and to the following existing provisions, namely, sections 18, 19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, the 1989 Act and any rules made under section 18 or 39 of that Act;

(b)references in sub-paragraph (4) to sections 15, 18 and 19 of the 1993 Act and to sections 33(5) and 37 of the 1997 Act were references to the said Schedule 6 and to the following existing provisions, namely, sections 30, 32 and 43 of the 1989 Act; and

(c)the reference in sub-paragraph (6) to any provision of Part I of the 1993 Act or Part III of the 1997 Act were a reference to any provision of the said Schedule 6 or the 1989 Act.

(3) In sub-paragraph (1) above the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the Criminal Procedure (Scotland) Act 1995; and in sub-paragraph (2) above—

(a)the reference to section 19(4) of the 1989 Act is a reference to that provision so far as it applies section 24 of that Act in relation to persons detained in young offenders institutions; and

(b)any reference to the existing provisions is a reference to the existing provisions within the meaning of Schedule 6 to the 1993 Act.