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The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997
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- UK Statutory Instruments
- 1997 No. 1776
- SCHEDULE 1
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Article 2
SCHEDULE 1PROVISIONS APPLYING TO RESTRICTED TRANSFERS BETWEEN THE VARIOUS PARTS OF THE UNITED KINGDOM AND THE CHANNEL ISLANDS, AND BETWEEN THOSE PARTS AND THE ISLE OF MAN
1. In this Schedule:
“the Schedule” means Schedule 1 to the Act;
“prison” has the same meaning as in the Schedule.
Restricted transfers from England and Wales to Guernsey
2.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from England and Wales to Guernsey is a restricted transfer—
(a)sections 13 and 15 of the Act shall apply to him as if they were part of the law of Guernsey; 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 Guernsey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from England and Wales to Guernsey is a restricted transfer—
(a)sections 10 to 12, 14, 16, 17(1) to (4) and (6), 18(1), (2), 19(1), (2), (4), (6) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of the Act or, as the case may require, sections 28 to 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of Guernsey; 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 that sentence had been an equivalent sentence passed by a court in Guernsey.
(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) of the Schedule of a person’s supervision from England and Wales to Guernsey is a restricted transfer—
(a)sections 16, 17(1) to (4) and (6), 18(1), (2), 19(1), (2), (6) and (8) to (10), 20(1) and (2), 21(1) and (2) and 27 of the Act or, as the case may require, sections 31, 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of Guernsey; 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 Guernsey.
(5) In sub-paragraph (2) above, the reference to section 11 of the Act includes a reference to any rules under section 47 of the Prison Act 1952(1) which prescribe a minimum standard of behaviour for the purposes of the said section 11.
(6) Any provision of Part II of the Act which is applied by sub-paragraph (1), (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.
TABLE
| Expression | Substituted expression |
|---|---|
| A justice of the peace | The Bailiff |
| A magistrates' court | The Magistrate’s Court |
| Constable | Officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force |
| Crown Court | Royal Court |
| Level 3 on the standard scale | Level 4 on the uniform scale as provided for in the Scale of Uniform Fines (Bailiwick of Guernsey) Law, 1989 |
| Prison rules | The provisions of any Ordinance made under section 3 of the Prison Administration (Guernsey) Law, 1949 as substituted by section 1 of the Prison Administration (Amendment) (Guernsey) Law, 1957 |
| Summary conviction | Conviction in the Magistrate’s Court |
Restricted transfers from England and Wales to the Isle of Man
3.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a)(2) of the Schedule from England and Wales to the Isle of Man is a restricted transfer—
(a)sections 13 and 15 of the Act shall apply to him as if they were part of the law of the Isle of Man; 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 the Isle of Man.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from England and Wales to the Isle of Man is a restricted transfer—
(a)sections 10 to 12, 14, 16, 17(1) to (4), and (6), 18(1), (2), 19(1), (2), (4), (6) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of the Act or, as the case may require, sections 28 to 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of the Isle of Man; 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 that sentence had been an equivalent sentence passed by a court in the Isle of Man.
(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)(3) of the Schedule of a person’s supervision from England and Wales to the Isle of Man is a restricted transfer—
(a)sections 16, 17(1) to (4) and (6), 18(1), (2), 19(1), (2), (6) and (8) to (10), 20(1) and (2), 21(1) and (2) and 27 of the Act or, as the case may require, sections 31, 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of the Isle of Man; 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 the Isle of Man.
(5) In sub-paragraph (2) above, the reference to section 11 of the Act includes a reference to any rules under section 47 of the Prison Act 1952 which prescribe a minimum standard of behaviour for the purposes of the said section 11.
(6) Any provision of Part II of the Act which is applied by sub-paragraph (1), (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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Conviction on indictment | Conviction on information |
| Crown Court | Court of General Gaol Delivery |
| Imprisonment (section 17 of the Act) | Custody |
| Magistrates' court | Court of summary jurisdiction |
| Prison rules | Custody rules |
| Social worker of a local authority social services department | Officer of the Department of Health and Social Security |
Restricted transfers from England and Wales to Jersey
4.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from England and Wales to Jersey is a restricted transfer—
(a)sections 13 and 15 of the Act shall apply to him as if they were part of the law of Jersey; 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 Jersey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from England and Wales to Jersey is a restricted transfer—
(a)sections 10 to 12, 14, 16, 17(1)(a), (4) and (6) (but not (b) in the definition of “the relevant period”), 18(1), (2), 19(1), (2), (4), (6)(a) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of the Act or, as the case may require, sections 28 to 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of Jersey; 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 that sentence had been an equivalent sentence passed by a court in Jersey.
(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) of the Schedule of a person’s supervision from England and Wales to Jersey is a restricted transfer—
(a)sections 16, 17(1)(a), (4) and (6) (but not (b) in the definition of “the relevant period”), 18(1), (2), 19(1), (2), (6)(a) and (8) to (10), 20(1) and (2), 21(1) and (2), and 27 of the Act or, as the case may require, sections 31, 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of Jersey; 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 Jersey.
(5) In sub-paragraph (2) above, the reference to section 11 of the Act includes a reference to any rules under section 47 of the Prison Act 1952 which prescribe a minimum standard of behaviour for the purposes of the said section 11.
(6) Any provision of Part II of the Act which is applied by sub-paragraph (1), (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.
TABLE
| Expression | Substituted expression |
|---|---|
| A justice of the peace | The Bailiff |
| Constable | Police officer within the meaning of the Police Force (Jersey) Law, 1974 |
| Conviction on indictment | Conviction |
| Written information on oath | Evidence on oath |
| Prison rules | Rules made under Article 26 of the Prison (Jersey) Law, 1957, as amended by the Prison (Amendment No. 2) (Jersey) Law, 1981 and by the Prison (Amendment No. 3) (Jersey) Law 1994 |
| Probation officer | “Délégué” appointed under Article 7 of the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée |
| Standard scale | Standard scale in accordance with the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993 |
Restricted transfers from Scotland to Guernsey
5.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Scotland to Guernsey is a restricted transfer—
(a)sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995(4) (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 Guernsey; 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 Guernsey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from Scotland to Guernsey is a restricted transfer—
(a)sections 15, 18 and 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1933(5) (“the 1993 Act”) and sections 33(5), 34, 37 and 39 of the Crime and Punishment (Scotland) Act 1997(6) (“the 1997 Act”) or, as the case may require, sections 1(4)(7), 2(8), 3(9), 11 to 13(10) and 17(11) of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Guernsey; 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 Guernsey.
(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) of the Schedule of a person’s supervision from Scotland to Guernsey is a restricted transfer—
(a)sections 15, 18 and 19 of the 1993 Act and sections 33(5) and 37 of the 1997 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 Guernsey; 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 Guernsey.
(5) Any reference in—
(a)sub-paragraphs (2) and (4) 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;
(b)the said sub-paragraph (2)—
(i)to section 34 of the 1997 Act includes a reference to any rules under section 39 of the Prisons (Scotland) Act 1989(12) made by virtue of subsections (13) to (16) of that section; and
(ii)to section 39 of the 1997 Act is a reference to that section so far as it relates to section 37 of that Act.
(6) Any provision of Part I of the 1993 Act or Part III of the 1997 Act 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.
TABLE
| Expression | Substituted expression |
|---|---|
| Court in the United Kingdom | Court in the United Kingdom or Guernsey |
| England and Wales or Northern Ireland | Guernsey |
| Justices for a petty sessions area | Chief Probation Officer |
| Probation officer appointed for or assigned to a petty sessions area | Probation officer |
Restricted transfers from Scotland to the Isle of Man
6.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Scotland to the Isle of Man is a restricted transfer—
(a)sections 65 and 147 of the Criminal 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 the Isle of Man; 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 the Isle of Man.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from Scotland to the Isle of Man is a restricted transfer—
(a)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 Crime and Punishment (Scotland) Act 1997 (“the 1997 Act”) or, as the case may require, sections 1(4), 2, 3, 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of the Isle of Man; 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 the Isle of Man.
(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) of the Schedule of a person’s supervision from Scotland to the Isle of Man is a restricted transfer—
(a)sections 15, 18 and 19 of the 1993 Act and sections 33(5) and 37 of the 1997 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 the Isle of Man; 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 the Isle of Man.
(5) Any reference in—
(a)sub-paragraphs (2) and (4) 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;
(b)the said sub-paragraph (2)—
(i)to section 34 of the 1997 Act includes a reference to any rules under section 39 of the Prisons (Scotland) Act 1989 made by virtue of subsections (13) to (16) of that section; and
(ii)to section 39 of the 1997 Act is a reference to that section so far as it relates to section 37 of that Act.
(6) Any provision of Part I of the 1993 Act or Part III of the 1997 Act 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.
TABLE
| Expression | Substituted expression |
|---|---|
| Court in the United Kingdom | Court in the United Kingdom or the Isle of Man |
| England and Wales or Northern Ireland | The Isle of Man |
| Justices for a petty sessions area | Department of Home Affairs |
| Probation officer appointed for or assigned to a petty sessions area | Probation officer |
Restricted transfers from Scotland to Jersey
7.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Scotland to Jersey is a restricted transfer—
(a)sections 65 and 147 of the Criminal 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 Jersey; 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 Jersey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from Scotland to Jersey is a restricted transfer—
(a)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 Crime and Punishment (Scotland) Act 1997 (“the 1997 Act”) or, as the case may require, sections 1(4), 2, 3, 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Jersey; 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 Jersey.
(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) of the Schedule of a person’s supervision from Scotland to Jersey is a restricted transfer—
(a)sections 15, 18 and 19 of the 1993 Act and sections 33(5) and 37 of the 1997 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 Jersey; 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 Jersey.
(5) Any reference in—
(a)sub-paragraphs (2) and (4) 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;
(b)the said sub-paragraph (2)—
(i)to section 34 of the 1997 Act includes a reference to any rules under section 39 of the Prisons (Scotland) Act 1989 made by virtue of subsections (13) to (16) of that section; and
(ii)to section 39 of the 1997 Act is a reference to that section so far as it relates to section 37 of that Act.
(6) Any provision of Part I of the 1993 Act or Part III of the 1997 Act 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.
TABLE
| Expression | Substituted expression |
|---|---|
| Court in the United Kingdom | Court in the United Kingdom or Jersey |
| England and Wales or Northern Ireland | Jersey |
| Justices for a petty sessions area | Chief Probation Officer |
| Probation officer appointed for or assigned to a petty sessions area | “Délégué” appointed under Article 7 of the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée |
Restricted transfers from Northern Ireland to Guernsey
8.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Northern Ireland to Guernsey 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 Guernsey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from Northern Ireland to Guernsey is a restricted transfer—
(a)sections 13(7), 23 and 24 of the Prison Act (Northern Ireland) 1953(13), and Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996(14) (“the 1996 Order”) or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995(15) shall apply to him in place of the corresponding provisions of the law of Guernsey; 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 that sentence had been an equivalent sentence passed by a court in Guernsey.
(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) of the Schedule of a person’s supervision from Northern Ireland to Guernsey is a restricted transfer—
(a)section 23 of the Prison Act (Northern Ireland) 1953 and Articles 26 to 28 of the 1996 Order shall apply to him in place of the corresponding provisions of the law of Guernsey; 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 Guernsey.
(5) Any provision of the Prison Act (Northern Ireland) 1953, the 1996 Order or the Northern Ireland (Remission of Sentences) Act 1995 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 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 were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| A court of summary jurisdiction (any provision apart from Article 27(2) of the 1996 Order) | The Magistrate’s Court |
| A court of summary jurisdiction acting for the petty sessions district in which he resides | The Magistrate’s Court |
| A justice of the peace | The Magistrate |
| A prison | The States Prison |
| Complaint | Information |
| Crown Court | Royal Court |
| Probation officer appointed for or assigned to the petty sessions district within which the offender resides | Probation officer |
Restricted transfers from Northern Ireland to the Isle of Man
9.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Northern Ireland to the Isle of Man 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 the Isle of Man.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from Northern Ireland to the Isle of Man is a restricted transfer—
(a)sections 13(7), 23 and 24 of the Prison Act (Northern Ireland) 1953, and Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996 (“the 1996 Order”) or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 shall apply to him in place of the corresponding provisions of the law of the Isle of Man; 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 that sentence had been an equivalent sentence passed by a court in the Isle of Man.
(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) of the Schedule of a person’s supervision from Northern Ireland to the Isle of Man is a restricted transfer—
(a)Section 23 of the Prison Act (Northern Ireland) 1953 and articles 26 to 28 of the 1996 Order shall apply to him in place of the corresponding provisions of the law of the Isle of Man; 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 the Isle of Man.
(5) Any provision of the Prison Act (Northern Ireland) 1953, the 1996 Order or the Northern Ireland (Remission of Sentences) Act 1995 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Crown Court | Court of General Gaol Delivery |
| Probation officer appointed for or assigned to the petty sessions district within which the offender resides | Probation officer |
| Young offenders centre (Articles 27 and 28 of the 1996 Order) | Institution within the meaning of the Custody Act 1995 (an Act of Tynwald) |
Restricted transfers from Northern Ireland to Jersey
10.—(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Northern Ireland to Jersey 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 Jersey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from Northern Ireland to Jersey is a restricted transfer—
(a)sections 13(7), 23 and 24 of the Prison Act (Northern Ireland) 1953, and Articles 26 to 28 (but not Article 28(2) to (4)) of the Criminal Justice (Northern Ireland) Order 1996 (“the 1996 Order”) or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 shall apply to him in place of the corresponding provisions of the law of Jersey; 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 that sentence had been an equivalent sentence passed by a court in Jersey.
(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) of the Schedule of a person’s supervision from Northern Ireland to Jersey is a restricted transfer—
(a)section 23 of the Prison Act (Northern Ireland) 1953 and Articles 26 to 28 (but not Article 28(2) to (4)) of the 1996 Order shall apply to him in place of the corresponding provision of the law of Jersey; 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 Jersey.
(5) Any provision of the Prison Act (Northern Ireland) 1953, the 1996 Order, or the Northern Ireland (Remission of Sentences) Act 1995 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| A court of summary jurisdiction (any provision apart from Article 27(2) of the 1996 Order) | The Magistrate’s Court |
| A court of summary jurisdiction acting for the petty sessions district in which he resides | The Magistrate’s Court |
| A justice of the peace | The Magistrate |
| A prison | The prison |
| Complaint | Evidence |
| Probation officer appointed for or assigned to the petty sessions district within which the offender resides | “Délégué” appointed under Article 7 of the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée |
| Young offenders centre (Articles 27 and 28 of the 1996 Order) | Young offender institution |
Restricted transfers from Guernsey to England and Wales
11.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Guernsey 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 save that regulations made under section 22 of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall not apply to that person for those purposes.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Guernsey to England and Wales is a restricted transfer—
(a)section 31 of the Prison Administration (Guernsey) Ordinance, 1959 (as amended by Ordinance XXIII of 1986), section 4 of the Criminal Justice (Youth Detention) (Bailiwick of Guernsey) Law, 1990 (“the 1990 Law”) (but with the omission of the definition of “Probation Officer” in subsection (9) of that section) and sections 2, 3 and 4 of the Parole Review Committee (Guernsey) Law, 1989 shall apply to him in place of the corresponding provisions of the law of England and Wales; 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 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.
(4) Where a transfer under paragraph 4(2) of the Schedule of a person’s supervision from Guernsey to England and Wales is a restricted transfer—
(a)section 4 of the 1990 Law (but with the omission of the definition of “Probation Officer” in subsection (9) of that section) and sections 2, 3 and 4 of the Parole Review Committee (Guernsey) Law, 1989 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.
(5) Any provision of the Prison Administration (Guernsey) Ordinance, 1959, the 1990 Law, or the Parole Review Committee (Guernsey) Law, 1989 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 or, as the case may be, any reference to such an expression as it occurs in the provision specified in the first column, in brackets immediately following the expression in question, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Level 4 on the uniform scale | Level 3 on the standard scale |
| Liable on conviction | Liable on summary conviction |
| Probation Officer | Probation officer |
| Sentence of youth detention (section 4(7) of the 1990 Law) | Sentence of detention in a young offender institution |
Restricted transfers from Guernsey to Scotland
12.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Guernsey 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 save that sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoners remanded in custody) shall not apply to that person for those purposes.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Guernsey to Scotland is a restricted transfer—
(a)section 31 of the Prison Administration (Guernsey) Ordinance, 1959 (as amended by Ordinance XXIII of 1986), section 4 of the Criminal Justice (Youth Detention) (Bailiwick of Guernsey) Law, 1990 (“the 1990 Law”) (but with the omission of the definition of “Probation Officer” in subsection (9) of that section) and sections 2, 3 and 4 of the Parole Review Committee (Guernsey) Law, 1989 shall apply to him in place of the corresponding provisions of the law of Scotland; 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 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(2) of the Schedule of a person’s supervision from Guernsey to Scotland is a restricted transfer—
(a)section 4 of the 1990 Law (but with the omission of the definition of “Probation Officer” in subsection (9) of that section) and sections 2, 3 and 4 of the Parole Review Committee (Guernsey) Law, 1989 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 his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.
(5) Any provision of the Prison Administration (Guernsey) Ordinance, 1959, the 1990 Law, or the Parole Review Committee (Guernsey) Law, 1989 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Level 4 on the uniform scale | Level 3 on the standard scale |
| Liable on conviction | Liable on summary conviction |
| Probation Officer | Relevant officer within the meaning given by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993(16) |
| Sentence of youth detention (section 4(7) of the 1990 Law) | Sentence of detention in a young offenders institution |
Restricted transfers from Guernsey to Northern Ireland
13.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Guernsey to Northern Ireland 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 Northern Ireland.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Guernsey to Northern Ireland is a restricted transfer—
(a)Article 31 of the Prison Administration (Guernsey) Ordinance, 1959 (as amended by Ordinance XXIII of 1986), section 4 of the Criminal Justice (Youth Detention) (Bailiwick of Guernsey) Law, 1990 (“the 1990 Law”) (but with the omission of the definition of “Probation Officer” in subsection (9) of that section) and sections 2, 3 and 4 of the Parole Review Committee (Guernsey) Law, 1989 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 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(2) of the Schedule of a person’s supervision from Guernsey to Northern Ireland is a restricted transfer—
(a)section 4 of the 1990 Law (but with the omission of the definition of “Probation Officer” in subsection (9) of that section) and sections 2, 3 and 4 of the Parole Review Committee (Guernsey) Law, 1989 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) Any provision of the Prison Administration (Guernsey) Ordinance, 1959, the 1990 Law or the Parole Review Committee (Guernsey) Law, 1989 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Level 4 on the uniform scale | Level 3 on the standard scale |
| Liable on conviction | Liable on summary conviction |
| Probation Officer | Probation officer |
| Sentence of youth detention (section 4(7) of the 1990 Law) | Sentence of detention in a young offenders centre |
Restricted transfers from the Isle of Man to England and Wales
14.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a)(17) of the Schedule from the Isle of Man 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, save that regulations made under section 22 of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall not apply to that person for those purposes.
(2) Where a person’s transfer under paragraph 1(2) (b), 2(2) (b) or 3(2) (b) of the Schedule from the Isle of Man to England and Wales is a restricted transfer—
(a)section 6 of, paragraphs 1 to 8, 10, 12, 14, 15 and 18 of Schedule 2 and, where applicable, Part 2 of Schedule 3, to the Custody Act 1995 (an Act of Tynwald) (“the 1995 Act”) shall apply to him in place of the corresponding provisions of the law of England and Wales; 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 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.
(4) Where a transfer under paragraph 4(2)(18) of the Schedule of a person’s supervision from the Isle of Man to England and Wales is a restricted transfer—
(a)paragraphs 8, 10 and 14 of Schedule 2 to the 1995 Act and, where applicable, Part 2 of Schedule 3 to that 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.
(5) Any provision of the 1995 Act 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.
TABLE
| Expression | Substituted expression |
|---|---|
| An institution | Prison |
| Court of summary jurisdiction | Magistrates' court |
| Court of General Gaol Delivery | Crown Court |
| The Department of Health and Social Security or a probation officer | A probation officer |
Restricted transfers from the Isle of Man to Scotland
15.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from the Isle of Man 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, save that sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoners remanded in custody) shall not apply to that person for those purposes.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from the Isle of Man to Scotland is a restricted transfer—
(a)section 6 of, paragraphs 1 to 10, 12, 14, 15 and 18 of Schedule 2 and, where applicable, Part 2 of Schedule 3, to the Custody Act 1995 (an Act of Tynwald) (“the 1995 Act”) shall apply to him in place of the corresponding provisions of the law of Scotland; 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 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.
(4) Where a transfer under paragraph 4(2) of the Schedule of a person’s supervision from the Isle of Man to Scotland is a restricted transfer—
(a)paragraphs 8 to 10 and 14 of Schedule 2 to the 1995 Act and, where applicable, Part 2 of Schedule 3 to that Act shall apply to him in place of the corresponding provisions of the law of Scotland; but
(b)subject to that and 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 1995 Act 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.
TABLE
| Expression | Substituted expression |
|---|---|
| An institution | Prison |
| Court of summary jurisdiction | Sheriff |
| Court of General Gaol Delivery | High Court of Justiciary |
| The Department of Health and Social Security or a probation officer | A relevant officer within the meaning given by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 |
Restricted transfers from the Isle of Man to Northern Ireland
16.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from the Isle of Man to Northern Ireland 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 Northern Ireland.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from the Isle of Man to Northern Ireland is a restricted transfer—
(a)section 6 of, paragraphs 1 to 12, 14, 15 and 18 of Schedule 2 and, where applicable, Part 2 of Schedule 3, to the Custody Act 1995 (an Act of Tynwald) (“the 1995 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 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) of the Schedule of a person’s supervision from the Isle of Man to Northern Ireland is a restricted transfer—
(a)paragraphs 8 to 11 and 14 of Schedule 2 to the 1995 Act and, where applicable, Part 2 of Schedule 3 to that 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) Any provision of the 1995 Act 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.
TABLE
| Expression | Substituted expression |
|---|---|
| An institution | Prison |
| Court of General Gaol Delivery | Crown Court |
| For sentence in accordance with section 17 of the Summary Jurisdiction Act 1989 | Which may make such an order with regard to him as is mentioned in sub-paragraph (2) |
| The Department of Health and Social Security or a probation officer | A probation officer |
Restricted transfers from Jersey to England and Wales
17.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey 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 save that regulations made under section 22 of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of proceedings) shall not apply to that person for those purposes.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to England and Wales is a restricted transfer—
(a)Articles 19 and 27(2) of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules, 1957 (as amended by the Prison (Amendment No. 8) (Jersey) Rules, 1981), Article 5 of the Criminal Justice (Jersey) Law, 1957, Article 10 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) (“the 1994 Law”), the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 and Article 35 of the Court of Appeal (Jersey) Law, 1961 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 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 offencer 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(2) of the Schedule of a person’s supervision from Jersey to England and Wales is a restricted transfer—
(a)Article 19 of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) Jersey Law, 1994) and Article 10 of the 1994 Law 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.
(5) Any provision of the Prison (Jersey) Law, 1957, the Prison (Jersey) Rules, 1957, the Criminal Justice (Jersey) Law, 1957, the 1994 Law, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 or the Court of Appeal (Jersey) Law, 1961 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Either a probation officer or an officer of the Health and Social Services Committee | A probation officer |
| Liable to | Liable on summary conviction to |
| Youth detention (Article 10(6) of the 1994 Law) | Detention in a young offender institution |
Restricted transfers from Jersey to Scotland
18.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey 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 save that sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoners remanded in custody) shall not apply to that person for those purposes.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to Scotland is a restricted transfer—
(a)Articles 19 and 27(2) of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules, 1957 (as amended by the Prison (Amendment No. 8) (Jersey) Rules, 1981), Article 5 of the Criminal Justice (Jersey) Law, 1957, Article 10 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) (“the 1994 Law”), the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 and Article 35 of the Court of Appeal (Jersey) Law, 1961 shall apply to him in place of the corresponding provisions of the law of Scotland; 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 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(2) of the Schedule of a person’s supervision from Jersey to Scotland is a restricted transfer—
(a)Article 19 of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) (Jersey Law 1994) and Article 10 of the 1994 Law 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 his period of supervision had been an equivalent period of supervision directed to be undergone in Scotland.
(5) Any provision of the Prison (Jersey) Law, 1957, the Prison (Jersey) Rules, 1957, the Criminal Justice (Jersey) Law, 1957, the 1994 Law, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 or the Court of Appeal (Jersey) Law, 1961 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Either a probation officer or an officer of the Health and Social Services Committee | A relevant officer within the meaning given by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 |
| Liable to | Liable on summary conviction to |
| Youth detention (Article 10(6) of the 1994 Law) | Detention in a young offenders institution |
Restricted transfers from Jersey to Northern Ireland
19.—(1) Where a person’s transfer under paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey to Northern Ireland 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 Northern Ireland.
(2) Where a person’s transfer under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to Northern Ireland is a restricted transfer—
(a)Articles 19 and 27(2) of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules, 1957 (as amended by the Prison (Amendment No. 8) (Jersey) Rules, 1981), Article 5 of the Criminal Justice (Jersey) Law, 1957, Article 10 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 (as amended by the Transfer of Functions (Health and Social Services Committee) (Jersey) Act 1995) (“the 1994 Law”), the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 and Article 35 of the Court of Appeal (Jersey) Law, 1961 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 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(2) of the Schedule of a person’s supervision from Jersey to Northern Ireland is a restricted transfer—
(a)Article 19 of the Prison (Jersey) Law, 1957 (as amended by the Prison (Amendment No. 3) (Jersey) Law 1994) and Article 10 of the 1994 Law 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) Any provision of the Prison (Jersey) Law, 1957, the Prison (Jersey) Rules, 1957, the Criminal Justice (Jersey) Law, 1957, the 1994 Law, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules, 1968 or the Court of Appeal (Jersey) Law, 1961 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 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, were a reference to the expression set out opposite it in the second column of that Table.
TABLE
| Expression | Substituted expression |
|---|---|
| Either a probation officer or an officer of the Health and Social Services Committee | A probation officer |
| Liable to | Liable on summary conviction to |
| Youth detention (Article 10(6) of the 1994 Law) | Detention in a young offenders centre |
(1)
1952 c. 52; section 47 was amended by the Criminal Justice Act 1967 (c. 80), sections 66(5) and 103(2) and Schedule 7, Part I, by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 7(a), and by the Criminal Justice and Public Order Act 1994 (c. 33), section 6; there are other amendments to section 47 not relevant to Schedule I.
(2)
Paragraphs 1, 2 and 3 were extended to, and applied in relation to, the Isle of Man, with modifications, by S.I. 1997/1775.
(3)
Paragraph 4 was extended to, and applied in relation to, the Isle of Man, with modifications, by S.I. 1997/1775.
(4)
1995 c. 46. Section 65 was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 73(3) and by the Crime and Punishment (Scotland) Act 1997 (c. 48), Schedule 1, paragraph 21(9).
(5)
1993 c. 9. Section 15 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 86(8); section 18 was amended by the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 179(2), and by the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 179(4).
(6)
(7)
Section 1(4) was amended by the 1997 Act, Schedule 1, paragraph 14(2)(b).
(8)
Section 2 was amended by the 1997 Act, Schedule 1, paragraph 14(3).
(9)
Section 3 was amended by the 1997 Act, Schedule 1, paragraph 14(4).
(10)
Section 11 was amended by the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 179(2) and by the 1997 Act, Schedule 1, paragraph 14(9); section 12 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 131 and by the 1997 Act, Schedule 1, paragraph 14(10).
(11)
Section 17 was modified in its application to certain prisoners by S.I. 1995/911 and was amended by the 1997 Act, Schedule 1, paragraph 14(13).
(12)
1989 c. 45; subsections (13) to (16) were added by the 1997 Act, section 36.
(13)
(14)
S.I. 1996/3160 (N.I. 24).
(15)
(16)
(17)
Paragraphs 1, 2 and 3 were extended to, and applied in relation to, the Isle of Man, with modifications by S.I. 1997/1775.
(18)
Paragraph 4 was extended to, and applied in relation to, the Isle of Man, with modifications by S.I. 1997/1775.
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