Repatriation of Prisoners Act 1984

JurisdictionUK Non-devolved
Citation1984 c. 47


Repatriation of PrisonersAct 1984

1984 CHAPTER 47

An Act to make provision for facilitating the transfer between the United Kingdom and places outside the British Islands of persons for the time being detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts and tribunals of their criminal jurisdiction.

[26th July 1984]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Issue of warrant for transfer.

1 Issue of warrant for transfer.

(1) Subject to the following provisions of this section, where—

(a ) the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (7) below applies, and

(b ) the Secretary of State and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of a particular person (in this Act referred to as ‘the prisoner’), and

(c ) the prisoner has consented to being transferred in accordance with those arrangements,

the Secretary of State shall issue a warrant providing for the transfer of the prisoner into or out of the United Kingdom.

(2) The Secretary of Stale shall not issue a warrant under this Act, and, if he has issued one, shall revoke it, in any case where after the duty under subsection (1) above has arisen and before the transfer in question takes place circumstances arise, or are brought to the Secretary of State's attention, which in his opinion make it inappropriate that the transfer should take place.

(3) The Secretary of State shall not issue a warrant under this Act providing for the transfer of any person into the United Kingdom unless—

(a ) that person is a British citizen; or

(b ) the transfer appears to the Secretary of State to be appropriate having regard to any close ties which that person has with the United Kingdom; or

(c ) it appears to the Secretary of State that the transfer is such a transfer for the purpose of the temporary return of the prisoner to the United Kingdom as may be provided for by virtue of section 4(1)(b ) below.

(4) The Secretary of State shall not issue a warrant under this Act, other than one superseding an earlier warrant, unless he is satisfied that all reasonable steps have been taken to inform the prisoner in writing in his own language—

(a ) of the substance, so far as relevant to the prisoner's case, of the international arrangements in accordance with which it is proposed to transfer him,

(b ) of the effect in relation to the prisoner of the warrant which it is proposed to issue in respect of him under this Act,

(c ) in the case of a transfer into the United Kingdom, of the effect in relation to the prisoner of the law relating to his detention under that warrant (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant),

(d ) in the case of a transfer out of the United Kingdom, of the effect in relation to the prisoner of so much of the law of the country or territory to which he is to be transferred as has effect with respect to transfers under those arrangements, and

(e ) of the powers of the Secretary of State under section 6 of this Act;

and, the Secretary of State shall not issue a warrant superseding an earlier warrant under this Act unless the requirements of this subsection were fulfilled in relation to the earlier warrant.

(5) The Secretary of State shall not issue a warrant under this Act unless he is satisfied that the consent given for the purposes of subsection (1)(c ) above was given in a manner authorised by the international arrangements in accordance with which the prisoner is to be transferred and was so given either—

(a ) by the prisoner himself; or

(b ) in circumstances where it appears to the Secretary of State inappropriate by reason of the physical or mental condition or the youth of the prisoner for the prisoner to act for himself, by a person appearing to the Secretary of State to be an appropriate person to have acted on the prisoner's behalf.

(6) A consent given for the purposes of subsection (1)(c ) above shall not be capable of being withdrawn after a warrant has been issued in respect of the prisoner; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 below subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 2(3) below.

(7) This subsection applies to a person if he is for the time being required to be detained in a prison, a hospital or any other institution either—

(a ) by virtue of an order made in the course of the exercise by a court or tribunal in the United Kingdom, or in any country or territory outside the British Islands, of its criminal jurisdiction; or

(b ) under the provisions of this Act or any similar provisions of the law of any part of the United Kingdom or of the law of any country or territory outside the British Islands.

(8) In subsection (7)(b ) above the reference to provisions similar to the provisions of this Act shall be construed as a reference to any provisions which have effect with respect to the transfer between different countries and territories (or different parts of a country or territory) of persons who are required to be detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts and tribunals of their criminal jurisdiction.

S-2 Transfer out of the United Kingdom.

2 Transfer out of the United Kingdom.

(1) The effect of a warrant providing for the transfer of the prisoner out of the United Kingdom shall be to authorise—

(a ) the taking of the prisoner to any place in any part of the United Kingdom and his delivery, at a place of departure from the United Kingdom, into the custody of a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred; and

(b ) the removal of the prisoner by the person to whom he is so delivered to a place outside the United Kingdom.

(2) Subject to subsections (3) to (5) below, the order by virtue of which the prisoner is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after his removal from the United Kingdom so as to apply to him if he is again in the United Kingdom at any time when under that order he is to be, or may be, detained.

(3) If, at any time after the removal of the prisoner from the United Kingdom, it appears to the Secretary of State appropriate to do so in order that effect may be given to the international arrangements in accordance with which the prisoner was transferred, the Secretary of State may give a direction varying the order referred to in subsection (2) above or providing for that order to cease to have effect.

(4) The power by direction under subsection (3) above to vary the order referred to in subsection (2) above shall include power by direction—

(a ) to provide for how any period during which the prisoner is, by virtue of a warrant under this Act, out of the part of the United Kingdom in which that order has effect is to be treated for the purposes of that order; and

(b ) to provide for the prisoner to be treated as having been—

(i)released on licence under section 60 or 61 of the Criminal Justice Act 1967(releaseon licence of, respectively, persons serving determinate sentences and persons sentenced to imprisonment for life etc.); or
(ii)released on licence under section 206(2) of the Criminal Procedure (Scotland) Act 1975(releaseon licence of children convicted on indictment) or released under section 58A(3) of the Children and Young Persons (Scotland) Act 1937(releaseof children committed for residential training); or
(iii)released on licence under section 23 of the Prison Act (Northern Ireland) 1953or discharged on licence under section 73 of the Children and Young Persons Act (Northern Ireland) 1968(releaseand discharge on licence of, respectively, persons serving imprisonment for life and young persons in detention for grave crimes); or
(iv)for the purposes of Part II of the Treatment of Offenders (Northern Ireland) Order 1976(convictionwithin certain period after discharge), discharged from prison or a young offenders centre in pursuance of rules made under section 13 of the said Act of 1953.

(5) Except in relation to any period during which a restriction order is in force in respect of the prisoner, subsection (2) above shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to the prisoner—

(a ) at the time of his removal from the United Kingdom if no restriction order is in force in respect of him at that time; and

(b ) if at that time a restriction order is in force in respect of him, as soon after his removal as the restriction order ceases to have effect.

(6) In...

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