Criminal Justice Act 1961

34 Removals from prison consequential on Part I

(1) Subject to subsection (2) of this section, the Prison Commissioners may, if satisfied that it is expedient to do so, remove from a prison to a borstal institution or a detention centre any person who, at or after the commencement of subsection (2) of section two or subsection (1) of section three of this Act, or of an Order in Council under subsection (5) of the said section three, is serving a sentence of imprisonment in a prison in England and Wales, being a sentence which, by virtue of that enactment or of that Order, as the case may be, could not then be passed in his case by a court in England and Wales.

(2) A person shall not be removed under this section to a borstal institution unless his sentence of imprisonment was a sentence for a term exceeding six months, and shall not be removed thereunder to a detention centre if the unexpired period of the term of his sentence exceeds nine months.

(3) Where a person is removed under this section to a borstal institution, he shall thereafter be treated as if his sentence had been a sentence of borstal training except that—

(a) his liability to be detained under section forty-five of the Prison Act, 1952, in a borstal institution shall continue until the expiration of his term of imprisonment, and shall then determine ;

(b) subsections (3) to (5) of section forty-five of the Prison Act, 1952, shall not apply to him on his release, but the Prison Commissioners may release him on licence at any time before the expiration of the said term, and in that case subsections (3) to (6) of section twenty-five of that Act (which relate to persons released from prison on licence under that section), shall apply as if for references to a prison there were substituted references to a prison or a borstal institution.

(4) Where a person is removed under this section to a detention centre, he shall thereafter be treated as if his sentence had been an order for his detention in a detention centre for a term equal to his term of imprisonment.

(5) Notwithstanding anything in this section, a person transferred thereunder shall, while detained in a borstal institution or detention centre, be treated for the purposes of section three of this Act as if he were serving his sentence of imprisonment.

(6) Where an order has been made under Part III of this Act for the removal to a prison in England and Wales of a person who, under this section, could be removed from that prison to a borstal institution or detention centre, the Prison Commissioners may direct that he shall, on his arrival in England and Wales, be taken to a borstal institution or a detention centre instead of that prison.