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[F1Supplementary and general provisions]U.K.

Textual Amendments

5 Operation of warrant and retaking prisoners.U.K.

(1)Where a warrant has been issued [F2under section 1] the following provisions of this section [F3(apart from subsection (9))] shall have effect for the purposes of the warrant, except (without prejudice to section 3(4) above or any enactment contained otherwise than in this Act) in relation to any time when the prisoner is required to be detained in accordance with provisions contained in the warrant by virtue of section 3(1)(c) above.

(2)The prisoner shall be deemed to be in the legal custody of the [F4relevant Minister] at any time when, being in the United Kingdom or on board a British ship, a British aircraft or a British hovercraft, he is being taken under the warrant to or from any place, or being kept in custody under the warrant.

(3)The [F4relevant Minister] may, from time to time, designate any person as a person who is for the time being authorised for the purposes of the warrant to take the prisoner to or from any place under the warrant, or to keep the prisoner in custody under the warrant.

(4)A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep the prisoner in custody shall have all the powers, authority, protection and privileges—

(a)of a constable in any part of the United Kingdom in which that person is for the time being; or

(b)if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken under the warrant.

(5)If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant under this Act.

(6)In subsection (2) above—

and in this subsection reference to Her Majesty’s aircraft, hovercraft or ships are references to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the United Kingdom.

(7)In subsection (5) above “constable”, in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment (including subsection (4) above), the powers of a constable in that or any other part of the United Kingdom.

[F6(8)In this section “relevant Minister” means–

(a)the Scottish Ministers where the warrant provides for the transfer of a prisoner to or from Scotland; F7...

[F8(aa)the Department of Justice in Northern Ireland where the warrant provides for the transfer of a prisoner to or from Northern Ireland; and]

(b)the Secretary of State in any other case.]

[F9(9)Where—

(a)a warrant under section 4A has been issued, and

(b)the relevant person is a person to whom subsection (3) of that section applies,

subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).

(10)In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—

(a)any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;

(b)any reference to the prisoner were a reference to the relevant person;

(c)in subsection (4)—

(i)in paragraph (a) for “that person” there were substituted “ the authorised person ”; and

(ii)paragraph (b) were omitted; F10...

(d)in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “ transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers” [F11; and]

[F11(e)in subsection (8)(aa) for “transfer of a prisoner to or from Northern Ireland” there were substituted “transfer of responsibility for the detention and release of the relevant person to the Department of Justice]]

Textual Amendments

F4Words in s. 5(2)(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(6)(a)

F5S. 5(6): words in definition of “British ship”substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 73 (with s. 312(1))

F6S. 5(8) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(6)(b)

Modifications etc. (not altering text)

C1Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

Marginal Citations

6 Revocation etc. of warrants.U.K.

(1)Subject to section 1(4) above, if at any time it appears to the [F12relevant Minister] appropriate, in order that effect may be given to any such arrangements as are mentioned in section 1(1)(a) above or in a case falling within section 1(2) above, for a [F13warrant under section 1] to be revoked or varied, he may, as the case may require—

(a)revoke that warrant; or

(b)revoke that warrant and issue a new warrant under [F14that section] containing provision superseding some or all of the provisions of the previous warrant.

[F15(1A)Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—

(a)revoke that warrant; or

(b)revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.]

(2)Subject to subsection (3)(c) below, the provision that may be contained in a new warrant issued by virtue of subsection (1)(b) [F16 or (1A)(b)] above shall be any provision that could have been contained in the previous warrant.

(3)A new warrant issued by virtue of subsection (1)(b) [F17 or (1A)(b)] above may provide—

(a)that a provision contained in it is to be treated as having taken effect when the provisions which that provision supersedes took effect;

(b)that things done under or for the purposes of the superseded provisions are, accordingly, to be treated as having been done under or for the purposes of the provision contained in the new warrant; and

(c)that an enactment in force at the time the new warrant is issued is, for the purposes of subsection (2) above or this subsection, to be treated as having been in force when the superseded provisions took effect.

(4)The powers conferred by this section shall be exercisable notwithstanding any defect in the warrant which is revoked.

[F18(5)In this section “relevant Minister” means–

(a)the Scottish Ministers [F19in a case where—

(i)the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or

(ii)the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;]

[F20(aa)the Department of Justice in Northern Ireland in a case where—

(i)the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Northern Ireland; or

(ii)the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to the Department of Justice;]

(b)the Secretary of State in any other case.]

Textual Amendments

F12Words in s. 6(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(7)(a)

F18S. 6(5) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(7)(b)

Modifications etc. (not altering text)

C2Ss. 1-8: Certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

[F216ATransitE.W.S.

(1)The relevant Minister may issue a transit order where—

(a)the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (2) applies; and

(b)the relevant Minister has received a request from the appropriate authority of that country or territory in accordance with those arrangements for the transit of a person to whom subsection (2) applies through a part of [F22the United Kingdom].

(2)A person falls within this subsection if—

(a)that person is for the time being required to be detained in a prison, a hospital or any other institution either—

(i)by virtue of an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or

(ii)by virtue of any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and

(b)except in a case where a transit request is made in the circumstances described in section 6D (1), that person is present in a country or territory outside the British Islands.

(3)The relevant Minister may issue a transit order where—

(a)international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (4) applies; and

(b)the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (4) applies through a part of [F23the United Kingdom].

(4)A person falls within this subsection if—

(a)that person is for the time being required to be detained in a prison, a hospital or any other institution either—

(i)by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or

(ii)by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and

(b)except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island.

(5)Terms used in subsection (2)(a) or (4)(a) have the same meaning as in section 1(7).

(6)In this section and sections 6B, 6C and 6D “transit order” means an order issued by the relevant Minister, in respect of a person who has been the subject of a request within subsection (1)(b) or (3)(b), which authorises the detention of that person in any part of [F24the United Kingdom] at any time when that person is in transit.

(7)In subsection (6) “detention” includes detention while the person is being taken from one place to another place within [F25the United Kingdom].

(8)A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place.

(9)In this section and section 6B “relevant Minister” means—

(a)the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

(i)be present only in Scotland, or

(ii)arrive in Scotland before being taken to another part of [F26the United Kingdom];

[F27(aa)the Department of Justice in Northern Ireland, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

(i)be present only in Northern Ireland, or

(ii)arrive in Northern Ireland before being taken to another part of the United Kingdom;]

(b)the Secretary of State, in any other case.

(10)For the purposes of this section and sections 6B and 6C a person who is the subject of a transit order is “in transit” at any time during the period beginning with the arrival of that person in [F28the United Kingdom] and ending with the removal of that person from [F28the United Kingdom] .]

Textual Amendments

[F216BTransit: supplementaryE.W.S.

(1)A person who is the subject of a transit order is deemed to be in the legal custody of the relevant Minister at any time when that person is in transit.

(2)A constable may for the purposes of a transit order detain a person who is the subject of that order.

(3)The relevant Minister may, from time to time, designate any person as a person who is for the time being authorised for the purposes of a transit order to detain a person under the order.

(4)A person authorised under subsection (3) has all the powers, authority, protection and privileges of a constable in any part of [F29the United Kingdom] in which the person who is the subject of the transit order is for the time being.

(5)If a person who is the subject of a transit order escapes or is unlawfully at large, that person may be arrested without warrant by a constable.

(6)A constable may search a person who is the subject of a transit order, and any item in the possession of that person, for any item which that person might use—

(a)to cause physical injury to that person or to any other person; or

(b)to assist that person to escape from detention.

(7)The power conferred by subsection (6) does not authorise a constable to require a person to remove any clothing other than an outer coat, jacket, headgear or gloves.

(8)The power conferred by subsection (6) includes power to use reasonable force where necessary.

(9)A constable searching a person in the exercise of the power conferred by subsection (6) may seize any item found if the constable has reasonable grounds for believing that the person searched might use the item —

(a)to cause physical injury to that person or to any other person; or

(b)to assist that person to escape from detention.

(10)Any item seized from a person under subsection (9) may be retained while that person is in transit.

(11)In this section “constable” means—

(a)any person who is a constable in any part of [F30the United Kingdom] or who has, under any enactment (including subsection (4) above), the powers of a constable in any part of [F30the United Kingdom] , or

(b)any person who is a prison officer within the meaning of section 117(1) of the Criminal Justice and Public Order Act 1994.

(12)A person who is a constable by virtue of subsection (11)(a) has, for the purposes of section 6A, this section and section 6C, all the powers, authority, protection and privileges of a constable in any part of Great Britain in which a person who is the subject of a transit order is for the time being.]

Textual Amendments

[F21[F316CTransit through different parts of the United KingdomE.W.S.

(1)Where—

(a)a transit order is issued by the Minister for one part of the United Kingdom (“jurisdiction A”), and

(b)it is proposed that the person who is the subject of the order will whilst in transit be taken to another part of the United Kingdom (“jurisdiction B”),

the Minister for jurisdiction A must notify the Minister for jurisdiction B.

(2)Notification need not be given where the Minister for jurisdiction B has agreed in writing to the transit order.

(3)Unless the Minister for jurisdiction B agrees in writing to the transit order, the order authorises the detention of the person subject to it in jurisdiction A only.

(4)But where the person escapes or is unlawfully at large, the order also authorises—

(a)the arrest of the person under section 6B(5) in a part of the United Kingdom other than jurisdiction A, and

(b)the detention of the person in that part by a constable (within the meaning of that section) for the purpose of taking the person to jurisdiction A.

(5)For the purposes of this section—

(a)the Minister for England and Wales, is the Secretary of State,

(b)the Minister for Scotland is the Scottish Ministers, and

(c)the Minister for Northern Ireland is the Department of Justice in Northern Ireland.]]

Textual Amendments

[F216DTransit: unscheduled arrivalsE.W.S.

(1)This section applies where—

(a)a person is being transferred between two countries or territories outside the United Kingdom in accordance with international arrangements between those two countries or territories providing for the transfer of persons within section 6A(2)(a) or (4)(a),

(b)the United Kingdom is a party to international arrangements of the kind mentioned in section 6A(1)(a) with at least one of those countries or territories such that the country or territory can make a request under section 6A(1)(b), and

(c)the person makes an unscheduled arrival in [F32the United Kingdom].

(2)A constable may detain a person to whom subsection (1) applies until the expiry of the period of 72 hours beginning with the person's arrival in [F33the United Kingdom] or until a transit order is issued under section 6A in respect of that person, whichever is the sooner.

(3)In this section “constable” means any person who is a constable in any part of [F34the United Kingdom] or who has, under any enactment (including section 6B(4) above), the powers of a constable in any part of [F34the United Kingdom].

(4)A person who is a constable by virtue of subsection (3) has for the purposes of this section all the powers, authority, protection and privileges of a constable in the part of [F35the United Kingdom] in which the person mentioned in subsection (2) is for the time being.]

Textual Amendments

7 Expenses.U.K.

(1)Subject to subsection (2) below, any expenses incurred by the Secretary of State for the purposes of this Act shall be defrayed out of money provided by Parliament.

(2)Subject to subsections (3) and (4) below, it shall be the duty of the [F36relevant Minister], in the case of the transfer of a person into the United Kingdom under this Act, to secure the payment to him by that person, or from some other source, of the amount of any expenses incurred by him in connection with the conveyance of that person to the United Kingdom; and for this purpose the [F36relevant Minister] shall have the same power as in any other case where he assists the return of a person to the United Kingdom to require a person to give an undertaking to pay the [F36relevant Minister] the whole or any part of that amount, to enforce such an undertaking and to make such other arrangements for recovering that amount as he thinks fit.

(3)Subsection (2) above shall not apply to the extent that in any case it appears to the [F36relevant Minister] that it would be unreasonable for him to exercise any of the powers conferred by that subsection either because of the exceptional circumstances of the case or because the means of the prisoner are insufficient to meet the expenses and their recovery, whether immediately or at some future time, from the prisoner or from any other source is impracticable.

[F37(3A)In subsections (2) and (3) above, “relevant Minister” means–

(a)the Scottish Ministers where the transfer is to Scotland; F38...

[F39(aa)the Department of Justice in Northern Ireland where the transfer is to Northern Ireland; and]

(b)the Secretary of State in any other case.]

(4)The expenses mentioned in subsections (2) and (3) above shall not include—

(a)any expenses of providing an escort for a person transferred into the United Kingdom under this Act; or

(b)any expenses of the conveyance of such a person beyond the place at which he first arrives in the United Kingdom.

(5)The Secretary of State shall pay any sums received by him by virtue of subsection (2) above into the Consolidated Fund.

[F40(5A)The Scottish Ministers shall pay any sums received by them by virtue of subsection (2) above into the Scottish Consolidated Fund.]

Textual Amendments

F36Words in s. 7(2)(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(a)

F37S. 7(3A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(b)

F40S. 7(5A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(c)

Modifications etc. (not altering text)

C3Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

8 Interpretation and certificates.U.K.

(1)In this Act, except in so far as the context otherwise requires—

(2)In this Act a reference to criminal jurisdiction, in relation to a court or tribunal in a country or territory outside the British Islands, includes a reference to any jurisdiction which would be a criminal jurisdiction but for the age or incapacity of the persons in respect of whom it is exercised.

[F44(2A)In this Act—

(a)“international arrangements” includes any arrangements between the United Kingdom and a British overseas territory, and

(b)references to a country or territory being a party to international arrangements include references to the country or territory being required to comply with provisions of a Framework Decision of the Council of the European Union (and references to international arrangements are to be construed accordingly).]

(3)In any proceedings, the certificate of the [F45relevant Minister]—

(a)that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) [F46 or 4A(5)(a)] above,

(b)that the appropriate authority of a country or territory which is [F47a party to such international arrangements as are mentioned in section 1(1)(a)] has agreed to the transfer of a particular person in accordance with any such arrangements,

[F48(ba)that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements,] or

(c)that, for the purposes of any provision of this Act, a particular person is or represents the appropriate authority of any country or territory,

shall be conclusive of the matter certified.

[F49(4)In subsection (3) above, “relevant Minister” means–

(a)the Scottish Ministers where the proceedings relate to a transfer which they have the responsibility under this Act to make or consider making; F50...

[F51(aa)the Department of Justice in Northern Ireland where the proceedings relate to a transfer which it has the responsibility under this Act to make or consider making; and]

(b)the Secretary of State in any other case.]

Textual Amendments

F45Words in s. 8(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(9)(a)

F49S. 8(4) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(9)(b)

Modifications etc. (not altering text)

C4Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(10)

[F528ANorthern Ireland: national securityU.K.

(1)The Secretary of State may, by virtue of this subsection, make an agreement under section 1(1)(b) or 4A(5)(b) if—

(a)the agreement is one that could be made by the Department of Justice in Northern Ireland by virtue of section 1(9)(aa) or 4A(10)(aa), and

(b)the Secretary of State’s decision to make the agreement is arrived at (wholly or partly) on the basis of protected information.

(2)Subject to subsection (3), if the Secretary of State makes an agreement by virtue of subsection (1) in any case, in this Act references to the relevant Minister are to be read, for that case, as references to the Secretary of State (and the definitions of “relevant Minister” are to be read accordingly).

(3)In the case of an agreement under section 4A(5)(b), subsection (2) does not apply to—

(a)the references in sections 4A(1) and 4B(1);

(b)the last two references in section 4A(5);

(c)the second reference in section 4A(6);

(d)the first reference in section 4C(1);

(e)the reference in paragraph 9 of the Schedule.

(4)The Secretary of State may notify the Department of Justice that no agreement is to be made under section 1(1)(b) or 4A(5)(b) in relation to a particular person without the Secretary of State’s agreement; and the Department may not make such an agreement in relation to that person without the Secretary of State’s agreement.

(5)But the Secretary of State may give a notification or refuse his agreement only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

(6)In this section “protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.]

Textual Amendments

9 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Repatriation of Prisoners Act 1984.

(2)This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)F53... This Act extends to Northern Ireland.

F54(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Her Majesty may by Order in Council make provision for extending the provisions of this Act, with such exceptions, adaptations and modifications as may be speficied in the Order, to any of the Channel Islands, to the Isle of Man or to any colony.

Textual Amendments

Modifications etc. (not altering text)

C5Power of appointment conferred by s. 9(2) fully exercised: 15.4.1985 appointed by S.I. 1985/550

C6S. 9(4) extended (31.7.1998) by 1998 c. 37, s. 121(12)