Criminal Justice and Immigration Act 2008

Repatriation of Prisoners Act 1984 (c. 47)

19 (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.

(2) For the cross-heading before paragraph 1 substitute—

“Part 1

Warrants under section 1

Application of Part 1”.

(3) In paragraph 1—

(a) at the beginning insert “This Part of”;

(b) after “under” insert “section 1 of”; and

(c) after “; and in” insert “this Part of”.

(4) In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)—

(a) in sub-paragraph (1A)(a) (which defines the enactments relating to release on licence) after “33(1)(b) insert “, (1A)”; and

(b) after sub-paragraph (2) insert—

“(2A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Part 2 of the Criminal Justice Act 1991 to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”

(5) In paragraph 2 (as it applies in England and Wales in relation to offences committed on or after 4 April 2005), after sub-paragraph (3) insert—

“(3A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”

(6) After paragraph 8 insert—

“Part 2 Warrants under section 4A transferring responsibility to the relevant minister

9 This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10 Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11 Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12(1) Any reference to the prisoner is to be read as a reference to the relevant person.

(2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13 In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

(a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

(b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14 The reference in paragraph 7 to the time of the prisoner’s transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”