Repatriation of Prisoners Act 1984

Changes over time for: Section 4

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Repatriation of Prisoners Act 1984, Section 4.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

4 Temporary return.U.K.

(1)A single [F1warrant under section 1] may provide for the transfer of the prisoner both out of and into (or into and out of) the United Kingdom if it appears to the [F2relevant Minister] that the transfers are to be for the purpose of the temporary return of the prisoner either—

(a)from the United Kingdom to a country or territory outside the British Islands from which he has previously been transferred into the United Kingdom[F3, or from which responsibility for his detention and release has previously been transferred to the United Kingdom,] under this Act or any other enactment; or

(b)to the United Kingdom from a country or territory outside the British Islands to which he has previously been transferred[F4, or to which responsibility for his detention and release has previously been transferred,] from the United Kingdom under this Act.

(2)The provisions contained by virtue of section 3(1)(c) above in [F5a warrant under section 1] issued for the purpose of the temporary return of the prisoner to a country or territory outside the British Islands may, where the prisoner is required when that warrant is issued to be detained in accordance with provisions so contained in an [F6earlier warrant under section 1 or section 4A], require the prisoner to continue, after his return to the part of the United Kingdom in which the provisions contained in the earlier warrant have effect, to be detained in accordance with those earlier provisions.

(3)A warrant [F7issued under section 1] containing, with respect to provisions contained in an earlier warrant [F8under section 1 or section 4A], any such requirement as is referred to in subsection (2) above, shall provide that any period during which the prisoner is out of the part of the United Kingdom in which the provisions contained in the earlier warrant have effect and is in custody is to be treated (except to such extent as may be specified in the warrant in order that effect may be given to the international arrangements in question) as a period during which the prisoner is detained under the provisions contained in the earlier warrant.

(4)The provisions contained by virtue of section 3(1)(c) above in a [F9warrant under section 1] issued for the purpose of the temporary return of the prisoner to the United Kingdom may require the prisoner to be detained in accordance with any order which on his return will apply in respect of him in pursuance of section 2(2) above; and the Schedule to this Act shall not apply in relation to the provisions so contained in such a warrant.

[F10(5)In this section “relevant Minister” means–

(a)the Scottish Ministers in a case where the prisoner is a person who is either–

(i)detained in Scotland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Scotland under this Act or any other enactment; or

(ii)detained in a country or territory outside the British Islands to which he has previously been transferred from Scotland under this Act; F11...

[F12(aa)the Department of Justice in Northern Ireland in a case where the prisoner is a person who is either—

(i)detained in Northern Ireland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Northern Ireland under this Act or any other enactment; or

(ii)detained in a country or territory outside the British Islands to which he has previously been transferred from Northern Ireland under this Act; and]

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

[F13(6)Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).]

[F14(7)Any reference in subsection (5)(aa) to the prisoner having previously been transferred into or from Northern Ireland includes a reference to responsibility for his detention and release having previously been transferred to or from the Department of Justice in Northern Ireland (as the case may be).]

Textual Amendments

F1Words in s. 4(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(2)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F2Words in s. 4(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(5)(a)

F3Words in s. 4(1)(a) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(2)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F4Words in s. 4(1)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(2)(c); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F5Words in s. 4(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(3)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F6Words in s. 4(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(3)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F7Words in s. 4(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(4)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F8Words in s. 4(3) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(4)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F9Words in s. 4(4) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 14(5); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

F10S. 4(5) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(5)(b)

F11Word in s. 4(5)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 4(2)(a) (with arts. 28-31)