Repatriation of Prisoners Act 1984

Changes over time for: Section 2

Version Superseded: 04/04/2005

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2 Transfer out of the United Kingdom.U.K.

(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) F4... of the M2Crime (Sentences) Act 1997;]

[F5(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;]

[F6(iia)released subject to a supervised release order made under section 209 of the M3Criminal Procedure (Scotland) Act 1995;]

(iii)released on licenceunder [F7Article 6(3) of the Life Sentences (Northern Ireland) Order 2001] or discharged on licence [F8Article 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998] (release and discharge on licence of, respectively, persons serving imprisonment for life and [F8children] 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 [F9Article 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 [F9those 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 [F9Article 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 [F9those 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.

Textual Amendments

F1Words in s. 2(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(3)(a)

F2 S. 2(3A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(3)(b)

F3 S. 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)

F4Words in s. 2(4)(b)(i) repealed (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 37 Pt. 8

F5 S. 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).

F6 S. 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.

F7Words 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

F8Words 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)

F9Words substituted by S.I. 1986/596, art. 9

Modifications etc. (not altering text)

C1 Ss. 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)