SCHEDULE 1
Article 2
PROVISIONS APPLYING TO RESTRICTED TRANSFERS BETWEEN THE VARIOUS PARTS OF THE UNITED KINGDOM AND THE CHANNEL ISLANDS, AND BETWEEN THOSE PARTS AND THE ISLE OF MAN
1. In this Schedule—
“the Schedule” means Schedule 1 to the Act;
“prison” has the same meaning as in the Schedule.
2. Restricted Transfers from England and Wales to Guernsey
(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from England and Wales to Guernsey is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in Guernsey.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from England and Wales to Guernsey is a restricted transfer—
(a)
(a) sections 33 to 40, 41 to 46 and 65 (but not subsections (1A) or (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act7and sections 75 to 77 of the 1998 Act or, as the case may require, sections 28 to 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of Guernsey; but
(b)
(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in Guernsey.
(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4) Where a transfer under paragraph 4(1) of the Schedule of a person’s supervision from England and Wales to Guernsey is a restricted transfer—
(a)
(a) sections 37 to 40, 42 to 46 and 65 (but not subsections (1A) or (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the 1998 Act or, as the case may require, sections 31, 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of Guernsey; but
(b)
(b) subject to that and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his period of supervision had been an equivalent period of supervision directed to be undergone in Guernsey.
(5) Any provision of Part II of the 1991 Act or of Part II of the Act which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if any reference to an expression specified in the first column of the following Table were a reference to the expression set out opposite it in the second column of that Table
TABLE
Expression |
Substituted Expression |
Crown Court |
Royal Court |
Level 3 on the standard scale |
Level 3 on the uniform scale provided by the Scale of Uniform Fines (Bailiwick of Guernsey) Law, 1989 |
Summary conviction |
Conviction in the Magistrate’s Court. |
(6) Section 34A(2)(e) of the 1991 Act, as applied by paragraph (2) above, shall have effect as if the reference to removal from the United Kingdom were a reference to removal from Guernsey.
(7) Section 37(4A) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if for the words from “supervision by” to the end there were substituted the words “supervision by a probation officer”.
(8) Section 38 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to the magistrates' court were a reference to the Magistrate’s Court.
(9) Section 40 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if—
(a)
(a) any reference to a magistrates' court or to the magistrates' court were a reference to the Magistrate’s Court; and
(b)
(b) in subsection (3)(b), the words “subject to section 25 of the Criminal Justice and Public Order Act 19948,” were omitted.
(10) Section 41 of the 1991 Act, as applied by sub-paragraph (2) above, shall have effect as if section 67 of the Criminal Justice Act 19679or, as the case may be, section 9 of the Act extended to Guernsey.
(11) Section 42 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules (being rules made under section 47 of the Prison Act 195210) were a reference to the provisions of an Ordinance made under section 3 of the Prison Administration (Guernsey) Law, 1949, as substituted by section 1 of the Prison Administration (Amendment) (Guernsey) Law, 1957.
(12) Section 46 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if—
(a)
(a) any reference to removal from the United Kingdom were a reference to removal from Guernsey; and
(b)
(b) for paragraphs (a) to (d) of subsection (3) there were substituted—
“(a)
“(a) he is liable to deportation under section 3(5) or (6) of the Immigration Act 197111as that section has effect in the United Kingdom and has been notified of a decision to make a deportation order against him;
(b)
(b) he is liable to deportation under the above section 3(5) as it extends to Guernsey under the Immigration (Guernsey) Order 199312and has been notified of a decision to make a deportation order against him;
(c)
(c) he is liable to deportation under the above section 3(6) as it extends to Guernsey under that Order; or
(d)
(d) he has been notified of a decision to refuse him leave to enter the United Kingdom or Guernsey.”.
(13) Section 65 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if—
(a)
(a) in subsection (1), for the words from “supervision of” to the end there were substituted the words “supervision of a probation officer”; and
(b)
(b) in subsection (7), for the words “detention in a young offender institution” there shall be substituted the words “youth detention”.
(14) Paragraph 10 of Schedule 12 to the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules were a reference to an Ordinance.
3. Restricted Transfers from England and Wales to the Isle of Man
(1) Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a)13of the Schedule from England and Wales to the Isle of Man is a restricted transfer, subject to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if he had been remanded for an offence committed in the Isle of Man.
(2) Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) of the Schedule from England and Wales to the Isle of Man is a restricted transfer—
(a)
(a) sections 33 to 37, 39, 41 to 46 and 65 (but not subsections (1A) and (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the 1998 Act or, as the case may require, sections 28 to 32 and 34 of the Act shall apply to him in place of the corresponding provisions of the law of the Isle of Man; but
(b)
(b) subject to that, to sub-paragraph (3) below and to any conditions to which the transfer is subject, he shall be treated for the relevant purposes as if his sentence had been an equivalent sentence passed by a court in the Isle of Man.
(3) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in sub-paragraph (2) above as the Secretary of State may direct.
(4) Where a transfer under paragraph 4(1)14of the Schedule of a person’s supervision from England and Wales to the Isle of Man is a restricted transfer—
(a)
(a) sections 37, 39, 42 to 46 and 65 (but not subsections (1A) and...
