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Crime (Sentences) Act 1997
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- UK Public General Acts
- 1997 c. 43
- SCHEDULE 1
- Part I
- Transfer of prisoners: general
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Changes over time for: Cross Heading: Transfer of prisoners: general
Version Superseded: 12/04/2010
Alternative versions:
- 01/10/1997- Amendment
- 14/07/2004- Amendment
- 05/10/2005
Point in time - 12/04/2010- Amendment
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Point in time view as at 05/10/2005.
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Crime (Sentences) Act 1997, Cross Heading: Transfer of prisoners: general is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Transfer of prisoners: generalU.K.
1(1)The Secretary of State may, on the application of—U.K.
(a)a person remanded in custody in any part of the United Kingdom in connection with an offence; or
(b)a person serving a sentence of imprisonment in any part of the United Kingdom,
make an order for his transfer to another part of the United Kingdom or to any of the Channel Islands, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.
(2)Where—
(a)a person is remanded in custody in any of the Channel Islands in connection with an offence; or
(b)a person has been sentenced to imprisonment in any of the Channel Islands,
the Secretary of State may, without application in that behalf, make an order for his transfer to any part of the United Kingdom, there to be remanded in custody pending his trial for the offence or, as the case may be, to serve the whole or any part of his sentence or the remainder of his sentence, and for his removal to an appropriate institution there.
[F1(2A)If it appears to the Secretary of State that—
(a)a person remanded in custody in Northern Ireland in connection with an offence, or
(b)a person serving a sentence of imprisonment in Northern Ireland;
should be transferred to another part of the United Kingdom in the interests of maintaining security or good order in any prison in Northern Ireland, the Secretary of State may make an order for his transfer to that other part, there to be remanded in custody pending his trial or, as the case may be, to serve the whole or any part of the remainder of his sentence, and for his removal to an appropriate institution there.]
(3)In this paragraph “appropriate institution”—
(a)in relation to a person remanded in custody, means any prison or other institution;
(b)in relation to a person sentenced to imprisonment, means, subject to sub-paragraph (4) below, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the country or island to which he is transferred.
(4)Sub-paragraph (3)(b) above shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution” as meaning such place as the Secretary of State may direct.
Textual Amendments
F1Sch. 1 para. 1(2A) inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 13(2), 19(1); S.R. 2004/267, art. 2
Modifications etc. (not altering text)
C1Sch. 1 paras. 1-7 extended (with modifications) (1.10.1997) by S.I. 1997/1775, art. 2,Sch.; S.I. 1997/2200, art.2
C2Sch. 1 para. 1(1)(4) amended (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 130(2); S.I. 1998/3178, art. 3
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