Schedule 8: Prisoners returning to the UK: modifications of the 2003 Act.
- Schedule 7 contains the schedule to be inserted as Schedule 19B of the 2003 Act. It modifies the existing provisions that set out the treatment of those prisoners who return to the UK having been removed under the Early Removal Scheme.
- Paragraphs 1 to 3 of the new Schedule modifies the date pursuant to which, after a return to custody, the Secretary of State would otherwise be required to refer certain persons to the Parole Board. Where, on removal from prison, a person was due for referral to the Parole Board within 28 days, on their return they would be treated as though they required a new referral within that timeframe to provide time for the Secretary of State to prepare and make the referral.
- Paragraphs 4 to 6 of the new Schedule are concerned with certain persons who, before their removal from the UK, the Parole Board had directed release but who had not actually been released on licence. On the return to the UK of such persons, the direction of the Parole Board to release is to be treated as having no effect. Instead, the person is to be treated on their return to the UK as if they had been recalled to prison.
- Paragraphs 7 to 9 of the new Schedule are concerned with certain persons whose case had been referred to the Parole Board before their removal from prison but whose reference had lapsed because they were removed from the UK prior to their case being disposed of by the Parole Board. For those persons, they will require a new reference to the Parole Board to be made within 28 days on their return to custody.
- Paragraphs 10 to 12 of the new Schedule are concerned with persons whom, at the time of their removal from prison, were in prison following a recall to custody. On their return to custody, each such person should be treated as if they had been recalled to prison and where any direction of the Parole Board to release the person on license was made before their return to the UK, it is to be treated as having no effect.
