The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997

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(1), and Articles 26 to 28 of the Criminal Justice (Northern Ireland) Order 1996(2) (“the 1996 Order”) or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995(3) 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

(1)

1953 c. 18.

(2)

S.I. 1996/3160 (N.I. 24).

(3)

1995 c. 47.