Crime (Sentences) Act 1997

Part IIU.K. Effect of transfers

PreliminaryU.K.

Restricted transfers: generalU.K.

7(1)Where—U.K.

(a)a person’s transfer under paragraph 1, 2 or 3 above; or

(b)a transfer under paragraph 4 above of a person’s supervision,

is a restricted transfer, that person or, as the case may be, his supervision may by order be transferred back to the country or island from which he or it was transferred.

[F12(1A)An order for the transfer of a person or a person’s supervision back to the country from which he or it was transferred shall be made by the Department of Justice in Northern Ireland if the transfer of the person or, as the case may be, the transfer of his supervision was the subject of an order or direction made by the Department of Justice.]

(2)Where a person’s transfer under paragraph 1 or 2 above is a restricted transfer, that person shall while in the country or territory to which he is transferred be kept in custody except in so far as the Secretary of State may in any case or class of case otherwise direct.

[F13(2A)Where a transfer under paragraph 1 or 2 is the subject of an order made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (2) to the Secretary of State must be read as a reference to the Department of Justice.]

Restricted transfers from England and Wales to ScotlandU.K.

8(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Scotland is a restricted transfer—U.K.

(a)regulations made under section 22 of the M1Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall apply to him in place of the corresponding provisions of the law of Scotland; but

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Scotland is a restricted transfer—

[F14(a)sections 241, [F15243A] [F16to] [F17244A, ] [F18246 to [F19264B]] [F20, 267A and 267B] of [F21, and Schedules 19A, 20A and 20B to,] the 2003 Act (fixed-term prisoners) or, as the case may require, [F22sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code] (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa)sections 62 [F23, 64 and 64A] of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland; [F24and]

F25(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Scotland.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4)Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Scotland is a restricted transfer—

[F26(a)sections 241 [F27, 249 to [F28264B], 267A and 267B] of [F29, and Schedules 19A, 20A and 20B to,] the 2003 Act (fixed-term prisoners) or, as the case may require, [F30sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code] (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa)sections 62 [F31, 64 and 64A] of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland; [F32and]

F33(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.

[F34(5)Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a relevant officer of such local authority as may be specified in the licence”.]

[F34(6)Any provision of [F35sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code] which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—

(a)any reference to [F36youth detention] accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,

(b)F37... any reference to the Secretary of State were a reference to the Scottish Ministers,

(c)any reference to an officer of a [F38provider of probation services] were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,

(d)any reference to a youth court were a reference to a sheriff court,

(e)in [F39section 242], any reference to a local justice area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,

F40(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)[F41in section 242(2)(a), for sub-paragraph (ii)] there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,

[F42(fa)[F43section 242(6)] were omitted,]

(g)[F44section 242(7)] were omitted,

(h)[F45in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2)] there were substituted—

“(1)Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under [F46section 242(4)(b)], the court may—

(a)issue a citation requiring the offender to appear before it at the time specified in the citation, or

(b)issue a warrant for the offender’s arrest.”,

(i)[F47paragraph 2(3) of Schedule 12 were omitted,]

(j)in [F48paragraph 3(11) of that Schedule], the reference to the Crown Court were a reference to the High Court of Justiciary] [F49, and]

[F50(k)paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.]

[F51(7)Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.]

[F52(8)The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a)as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever is opposite it in the second column of that Table,

(b)with the modifications in sub-paragraph (11), and

(c)in a case falling within [F53section 247 of the Sentencing Code], with the further modifications in sub-paragraph (12),

(and see also paragraphs 8A, 19A and 19B).

(9)In this paragraph “the supervision provisions” means—

(a)sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,

(b)the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and that Schedule, and

[F54(c)section 247 of the Sentencing Code.]

(10)The references mentioned in sub-paragraph (8)(a) are—

(11)The modifications mentioned in sub-paragraph (8)(b) are—

(a)section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or the Prisoners and Criminal Proceedings (Scotland) Act 1993,

(b)section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “ the Scottish Ministers ”,

(c)paragraph 2 of Schedule 19A to the 2003 Act has effect as if—

(i)sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and

(ii)sub-paragraph (e) were omitted,

(d)paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—

“(7A)Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied”,

(e)paragraph 7 of Schedule 19A to the 2003 Act has effect as if—

(i)in sub-paragraph (1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “ the supervisor may cause an information to be laid before a sheriff court in respect of the person's failure to comply with the requirement ”, and

(ii)sub-paragraphs (2) to (5) were omitted, and

(f)paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order” there were substituted “ imposes any other sentence ”.

(12)The further modifications mentioned in sub-paragraph (8)(c) are that [F55section 247 of the Sentencing Code] has effect as if—

(a)in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being, and

(b)after subsection (3) there were inserted—

“(3A)Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.”]

[F56Restricted transfers between England and Wales and Scotland: further provision about supervision default ordersU.K.

8A(1)This paragraph applies if—U.K.

(a)a person's supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or transferred back to England and Wales under paragraph 7 of this Schedule, and

(b)at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.

(2)The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction from which the person is transferring).

(3)The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.

(4)In this paragraph—

• “relevant area” means—

  (a)

  in England and Wales, a local justice area, and

  (b)

  in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;

• “supervision default order” has the meaning given in section 268(1) of the 2003 Act.]

Restricted transfers from England and Wales to Northern IrelandU.K.

9(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from England and Wales to Northern Ireland is a restricted transfer—U.K.

F57(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)subject F58... to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) above from England and Wales to Northern Ireland is a restricted transfer—

[F59(a)sections 241, [F60243A] [F61to] [F62244A,] [F63246A,] 247 to 252 [F64, 254 to [F65264B] , 267A and 267B] of [F66, and Schedules 20A and 20B to,] the 2003 Act (fixed-term prisoners) or, as the case may require, [F67sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code] (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa)sections 62 [F68, 64 and 64A] of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland; [F69and]

F70(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Northern Ireland.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4)Where a transfer under paragraph 4(1) above of a person’s supervision from England and Wales to Northern Ireland is a restricted transfer—

[F71(a)sections 241, 249 to 252 [F72, 254 to [F73264B] , 267A and 267B] of [F74, and Schedules 20A and 20B to,] the 2003 Act (fixed-term prisoners) or, as the case may require, [F75sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code] (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa)sections 62 [F76, 64 and 64A] of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland; [F77and]

F78(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

[F79(5)Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.]

[F80(5A)Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a probation officer.]

F81(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82(9)The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a)as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever is opposite it in the second column of that Table, and

(b)with the other modifications in sub-paragraph (12).

(10)In this paragraph “the supervision provisions” means—

(a)sections 256AA to 256AC, 256D and 256E of the 2003 Act, and

[F83(b)section 247 of the Sentencing Code.]

(11)The references mentioned in sub-paragraph (9)(a) are—

(12)The other modifications mentioned in sub-paragraph (9)(b) are—

(a)section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—

(i)a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and

(ii)a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),

(b)section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and

(c)subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “ the Department of Justice in Northern Ireland ”.]

Restricted transfers from Scotland to England and WalesU.K.

10(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer—U.K.

(a)sections 65 and 147 of the M2Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the place of the corresponding provisions of the law of England and Wales; but

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—

(a)[F84sections 1, [F851AA, [F861AB,] 1A, [F871B,] 3, 3AA], 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, [F8826ZA,] 26A and 27 of, and Schedules 2 and 6 to, the M3Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”)] or, as the case may require, sections 1(4), 2, 3, [F896(1)(b)(i) and (iii)] 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b)subject to that, to [F90sub-paragraph (3)] below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in England and Wales.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

F91(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—

(a)[F92sections [F931AA, 1A, [F941B,] 2(4), 3AA], 3A, 11 to 13, 15 to 21, [F9526ZA,] 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of England and Wales; but

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

(6)Any reference in—

(a)sub-paragraphs (2) and (5) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;

[F96(b)in the said sub-paragraph (2) 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 M4Criminal Procedure (Scotland) Act 1995.]

[F97(7)Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.]

Restricted transfers from Scotland to Northern IrelandU.K.

11(1)Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to Northern Ireland is a restricted transfer—U.K.

(a)sections 65 and 147 of the M5Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Northern Ireland; but

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Northern Ireland.

(2)Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland [F98to] Northern Ireland is a restricted transfer—

(a)[F99sections 1, [F1001AA, [F1011AB,] 1A, [F1021B,] 3, 3AA] , 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, [F10326ZA,] 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 1(4), 2, 3, [F1046(1)(b)(i) and (iii),] 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b)subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Northern Ireland.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he is transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4)Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to Northern Ireland is a restricted transfer—

(a)[F105sections [F1061AA, 1A, [F1071B,] 3AA] , 3A, 11 to 13, 15 to 21, [F10826ZA,] 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act] or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Northern Ireland; but

(b)subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Northern Ireland.

(5)[F109Sub-paragraph (6)] of paragraph 10 above shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.

(6)Any provision of Part I of the 1993 Act F110. . . which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Restricted transfers from Northern Ireland to England and WalesU.K.

12(1)Where a person’s transfer under paragraph 1(1)(a) [F114or (2A)(a)], 2(1)(a) or 3(1)(a) above from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in England and Wales.U.K.

(2)Where a person’s transfer under paragraph 1(1)(b) [F115or (2A)(b)], 2(1)(b) or 3(1)(b) above from Northern Ireland to England and Wales is a restricted transfer—

[F116(a)sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 [F117or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008] shall apply to him in place of the corresponding provisions of the law of England and Wales;]

(b)subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in England and Wales.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

[F118(3A)Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.]

(4)Where a transfer under paragraph 4(1) of a person’s supervision from Northern Ireland to England and Wales is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in England and Wales.

(5)Any provision of the M6Prison Act (Northern Ireland) 1953, the M7Treatment of Offenders (Northern Ireland) Order 1976, the M8Criminal Justice (Northern Ireland) Order 1996 or the M9Northern Ireland (Remission of Sentences) Act 1995 [F119or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008] which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Restricted transfers from Northern Ireland to ScotlandU.K.

13(1)Where a person’s transfer under paragraph 1(1)(a) [F121or (2A)(a)], 2(1)(a) or 3(1)(a) above from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Scotland.U.K.

(2)Where a person’s transfer under paragraph 1(1)(b) [F122or (2A)(b)], 2(1)(b) or 3(1)(b) above from Northern Ireland to Scotland is a restricted transfer—

[F123(a)sections 13(7) and 24 of the Prison Act (Northern Ireland) 1953, Articles 3 to 6 of the Treatment of Offenders (Northern Ireland) Order 1976, Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 and Articles 6 to 9 of the Life Sentences (Northern Ireland) Order 2001 or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 [F124or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008] shall apply to him in place of the corresponding provisions of the law of Scotland;]

(b)subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if that sentence had been an equivalent sentence passed by a court in Scotland.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

[F125(3A)Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.]

(4)Where a transfer under paragraph 4(1) above of a person’s supervision from Northern Ireland to Scotland is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.

(5)Any provision of the Prison Act (Northern Ireland) 1953, the Treatment of Offenders (Northern Ireland) Order 1976, the Criminal Justice (Northern Ireland) Order 1996 [F126, the Life Sentences (Northern Ireland) Order 2001] or the Northern Ireland (Remission of Sentences) Act 1995 [F127or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008] which is applied by sub-paragraph (2) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table.

Restricted transfers between the United Kingdom and the Channel IslandsU.K.

14(1)Her Majesty may by Order in Council make, in relation to restricted transfers under Part I of this Schedule between any part of the United Kingdom and any of the Channel Islands, provision broadly corresponding to that made by any of paragraphs 8 to 13 above.U.K.

(2)An Order in Council under this paragraph may make such consequential, incidental, transitional and supplementary provision as Her Majesty considers appropriate.

(3)An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Unrestricted transfers: generalU.K.

15(1)Where a person’s transfer under paragraph 1(1)(a) or (2)(a), 2(1)(a) or (2)(a) or 3(1)(a) or (2)(a) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the place to which he is transferred.U.K.

(2)Subject to sub-paragraph (3) below, where a person’s transfer under paragraph 1(1)(b) or (2)(b), 2(1)(b) or (2)(b) or 3(1)(b) or (2)(b) above to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the place to which he is transferred.

(3)A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.

(4)Where a transfer under paragraph 4(1) or (2) above of a person’s supervision to any part of the United Kingdom or to any of the Channel Islands is an unrestricted transfer—

(a)that person shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in the place to which he is transferred; and

(b)any functions of the Secretary of State under any provision of the law of that place which applies for those purposes shall be exercisable in relation to that person by any person appointed by the Secretary of State for the purpose.

[F129(4A)[F130Sub-paragraphs (3) and (4) have] effect subject to the following modifications—

(a)in relation to a person transferred to Northern Ireland, any reference in sub-paragraph (3) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;

(b)in relation to a person whose supervision has been transferred to Northern Ireland, sub-paragraph (4)(b) above applies as if—

(i)after “Secretary of State” where it first occurs there were inserted “or the Department of Justice in Northern Ireland”, and

(ii)after “Secretary of State” where it occurs second there were inserted “or the Department of Justice (as the case may be)”.]

[F131(4B)A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.

(4C)In sub-paragraph (4B), “the receiving authority” means—

(a)in relation to a person transferred to Scotland, the Scottish Ministers,

(b)in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and

(c)in relation to any other person, the Secretary of State.]

F132(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers ceasing to be restrictedU.K.

16U.K.Where a transfer under Part I of this Schedule ceases to be a restricted transfer at any time by reason of the removal of such a condition as is mentioned in paragraph 6(1)(a) above, paragraph 15 above shall apply as if the transfer were an unrestricted transfer and had been effected at that time.