Modifications etc. (not altering text)
C1Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
(1)The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.
(2)In subsection (1) “transferred life prisoner” means a person—
(a)on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and
(b)who has been transferred to England and Wales after the commencement of this section in pursuance of—
(i)an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or
(ii)a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),
there to serve his sentence or sentences or the remainder of his sentence or sentences.
(3)In subsection (1) “a relevant order” means—
(a)in the case of an offence which appears to the court to be an offence for which, if it had been committed in England and Wales, the sentence would have been fixed by law, an order under subsection (2) or (4) of section 269, and
(b)in any other case, an order under subsection (2) or (4) of section 82A of the Sentencing Act.
(4)In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”.
[F1(5)The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).]
Textual Amendments
F1S. 273(5) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 73; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)