Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/1776

1997 No. 1776

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

CRIMINAL LAW, SCOTLAND

The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997

Made 22th July 1997

Laid before Parliament 1st August 1997

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 22nd day of July 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of paragraph 14 of Schedule 1 to the Crime (Sentences) Act 19971as enacted, and as it applies in relation to the Isle of Man by the Transfer of Prisoners (Isle of Man) Order 19972, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 This Order may be cited as the Transfer of Prisoners...

1. This Order may be cited as the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997 and shall come into force on 22nd August 1997 or the date on which Schedule 1 to the Crime (Sentences) Act 1997 comes into force by order made under section 57(2) of that Act whichever is the later.

S-2 The provisions specified in Schedule 1 to this Order shall...

2. The provisions specified in Schedule 1 to this Order shall apply in relation to restricted transfers under Part I of Schedule 1 to the Crime (Sentences) Act 1997 between the various parts of the United Kingdom and the Channel Islands, and between those parts and the Isle of Man.

S-3 The transitional provisions specified in Schedule 2 to this...

3. The transitional provisions specified in Schedule 2 to this Order shall have effect.

S-4 In the Schedules to this Order— “ Guernsey ” means the...

4. In the Schedules to this Order—

“Guernsey” means the Bailiwick of Guernsey;

“Jersey” means the Bailiwick of Jersey;

“the Act” means the Crime (Sentences) Act 1997.

N. H. Nicholls

Clerk of the Privy Council

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

SCH-1.1

1. In this Schedule:

“the Schedule” means Schedule 1 to the Act;

“prison” has the same meaning as in the Schedule.

SCH-1.2

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—

(a)

(a) sections 13 and 15 of the Act shall apply to him as if they were part 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 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 10 to 12, 14, 16, 17(1) to (4) and (6), 18(1), (2), 19(1), (2), (4), (6) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of the 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 that 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 16, 17(1) to (4) and (6), 18(1), (2), 19(1), (2), (6) and (8) to (10), 20(1) and (2), 21(1) and (2) and 27 of the 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) In sub-paragraph (2) above, the reference to section 11 of the Act includes a reference to any rules under section 47 of the Prison Act 19523which prescribe a minimum standard of behaviour for the purposes of the said section 11.

(6) Any provision of Part II of the Act which is applied by sub-paragraph (1), (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

A justice of the peace

The Bailiff

A magistrates' court

The Magistrate’s Court

Constable

Officer of police within the meaning of section 31(4) of the Theft (Bailiwick of Guernsey) Law 1983 or any corresponding law for the time being in force

Crown Court

Royal Court

Level 3 on the standard scale

Level 4 on the uniform scale as provided for in the Scale of Uniform Fines (Bailiwick of Guernsey) Law, 1989

Prison rules

The provisions of any 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

Summary conviction

Conviction in the Magistrate’s Court

SCH-1.3

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)4of the Schedule from England and Wales to the Isle of Man is a restricted transfer—

(a)

(a) sections 13 and 15 of the Act shall apply to him as if they were part of the law of the Isle of Man; 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 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 10 to 12, 14, 16, 17(1) to (4), and (6), 18(1), (2), 19(1), (2), (4), (6) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of the 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 that 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)5of the Schedule of a person’s supervision from England and Wales to the Isle of Man is a restricted transfer—

(a)

(a) sections 16, 17(1) to (4) and (6), 18(1), (2), 19(1), (2), (6) and (8) to (10), 20(1) and (2), 21(1) and (2) and 27 of the 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 the Isle of Man; 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 the Isle of Man.

(5) In sub-paragraph (2) above, the reference to section 11 of the Act includes a reference to any rules under section 47 of the Prison Act 1952 which prescribe a minimum standard of behaviour for the purposes of the said section 11.

(6) Any provision of Part II of the Act which is applied by sub-paragraph (1), (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 or, as the case may be, any reference to such an expression as it occurs in the provision specified in the first column, within brackets immediately following the expression in question, were a reference to the expression set out opposite it in the second column of that Table.

TABLE

Expression

Substituted expression

Conviction on indictment

Conviction on information

Crown Court

Court of General Gaol Delivery

Imprisonment (section 17 of the Act)

Custody

Magistrates' court

Court of summary jurisdiction

Prison rules

Custody rules

Social worker of a local authority social services department

Officer of the Department of Health and Social Security

SCH-1.4

4. Restricted transfers from England and Wales to Jersey

(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 Jersey is a restricted transfer—

(a)

(a) sections 13 and 15 of the Act shall apply to him as if they were part of the law of Jersey; 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 he had been remanded for an offence committed in Jersey.

(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 Jersey is a restricted transfer—

(a)

(a) sections 10 to 12, 14, 16, 17(1)(a), (4) and (6) (but not (b) in the definition of “the relevant period”), 18(1), (2), 19(1), (2), (4), (6)(a) and (8) to (10), 20(1) and (2), 21(1) and (2), 23 and 27 of the 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...

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