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Repatriation of Prisoners Act 1984

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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

1U.K.[F2This Part of] this Schedule applies where a warrant is issued under [F3section 1 of] this Act providing for the transfer of the prisoner into the United Kingdom; and in [F4this Part of] this Schedule “the relevant provisions” means the provisions contained in the warrant by virtue of section 3(1)(c) of this Act or, in the case of a warrant which contains such a requirement as is referred to in section 4(2) of this Act, the provisions in accordance with which the prisoner continues, in pursuance of that requirement, to be detained.

Textual Amendments

F2Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(a).

F3Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(b).

F4Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(c).

[F5Release on licence][F5Early release]U.K.

Textual Amendments

F5Sch. 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[F5[F6(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.

[F7(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.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(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—

  • “the enactments relating to release on licence” means section 28(5) and (7) of the Crime (Sentences) Act 1997 [F11, Chapter 6 of Part 12 of the Criminal Justice Act 2003 and section 28 of the Offender Management Act 2007] ;

  • “sentence”, means the provision included in the warrant which is equivalent to sentence.]]

[F5(1)In determining, for the purposes of sections 1(1) to (3), [F121AB(3),] [F131AA, 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) [F14, 2(2) or (7) or 3AA] of that Act (eligibility of long-term and life prisoners as respects release on licence) [F15, 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.

[F16(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

F6Sch. 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).

F7Sch. 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))

F8Sch. 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))

F9Sch. 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))

F10Sch. 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))

F11Words 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))

F12Word 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)

F15Words 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)

[F172A(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.

[F18(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.]

[F19Life imprisonment]U.K.

Textual Amendments

F19Sch. para. 3 and cross-heading substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 60; S.I. 1998/2327, art. 2(1)(h)

F20F213S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. para 3 repealed (E.W.N.I) (8.10.2001) by S.I. 2001/2565, arts. 1(2), 2(4); S.R. 2001/337, art. 2

U.K.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

Mental health legislationU.K.

5(1)References in—U.K.

(a)the Mental Health Act 1983, and

(b)the Mental Health [F23(Northern Ireland) Order 1986],

to the date of an order under [F23that Act or that Order] shall have effect, in relation to any of the relevant provisions which is equivalent to such an order, as references to the day on which the relevant provisions take effect.

(2)Where the relevant provisions include provision equivalent to a hospital order within the meaning of the said Act of 1983 or such an order and a restriction order within the meaning of that Act, the prisoner may (in addition to any application he may make under that Act) apply to [F24the appropriate tribunal] at any time in the period of six months beginning with the day on which the relevant provisions take effect.

[F25(2A)For the purposes of sub-paragraph (2) above “the appropriate tribunal” means—

(a)the First-tier Tribunal, in any case where the prisoner is detained in England;

(b)the Mental Health Review Tribunal for Wales, in any case where the prisoner is detained in Wales; and

(c)the Mental Health Review Tribunal for Northern Ireland, in any case where the prisoner is detained in Northern Ireland.]

(3)References howsoever expressed in—

(a)the [F26Mental Health (Care and Treatment) (Scotland) Act 2003], and

(b)the Criminal Procedure (Scotland) Act [F271995],

to the date of an order of the type referred to in the definition of hospital order or restriction order in section 2(6) of this Act shall have effect, in relation to any of the relevant provisions which is equivalent to such an order, as a reference to the day on which the relevant provisions take effect.

(4)Where the relevant provisions include provisions equivalent in Scotland to such an order, the prisoner may at any time in the period of six months beginning with the day on which the relevant provisions take effect, appeal to the Sheriff to order his discharge; and (without prejudice to section 3(4) of this Act) in any appeal under this paragraph the provisions of the said Act of 1984 in respect of appeals by a patient subject to such an order apply to an appeal by the prisoner where he is subject to any such equivalent provision as they apply to a patient who is subject to such an order.

Textual Amendments

F23Words substituted by S.I. 1986/596, art. 9(b)

F27Word in Sch. para. 5(3)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 52(b)

Modifications etc. (not altering text)

Rehabilitation of offendersU.K.

6U.K.The relevant provisions shall be disregarded for the purposes of the application, in relation to any offence of which the prisoner was convicted in a country or territory outside the British Islands, of—

(a)the M1Rehabilitation of Offenders Act 1974, except section 1(2) (person not rehabilitated unless he serves sentence etc.); and

(b)the M2Rehabilitation of Offenders (Northern Ireland) Order 1978, except Article 3(2) (person not rehabilitated unless he serves sentence etc.).

The Representation of the M3People Act 1981U.K.

Marginal Citations

7U.K.For the purposes of section 1 of the Representation of the People Act 1981 (disqualification of certain offenders for membership of the House of Commons), the prisoner shall, while detained in accordance with the relevant provisions, be deemed to be detained in pursuance of the order in pursuance of which, at the time of his transfer into the United Kingdom, he was required to be detained in the country or territory from which he was transferred.

The Firearms (Northern Ireland) Order [F282004] N.I.

Textual Amendments

F28Word in Sch. para. 8 cross-heading substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702), art. 1(3), Sch. 7 para. 7(a) (with art. 81); S.R. 2005/4, art. 3 (with arts. 4-7)

8N.I.Where the relevant provisions include provision equivalent to such a sentence as is mentioned in paragraph (2) of [F29Article 63] of the Firearms (Northern Ireland) Order [F302004] (possession of firearm by person previously convicted of crime), that paragraph shall apply in relation to the prisoner as if for the reference in that paragraph to the period of eight years from the date so mentioned there were substituted a reference to the period of eight years from the day on which the relevant provisions take effect.

Textual Amendments

[F31Part 2U.K.Warrants under section 4A transferring responsibility to the relevant minister

9U.K.This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10U.K.Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11U.K.Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12(1)Any reference to the prisoner is to be read as a reference to the relevant person.U.K.

(2)Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13U.K.In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

(a)in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

(b)whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14U.K.The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.]

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