Repatriation of Prisoners Act 1984

• (7) The purpose of an order under subsection (6) is to secure the detention of the person concerned until—

• (a) it is determined whether to issue a warrant under section 4A; and

• (b) if so determined, such a warrant is issued.

• (8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

• (9) Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.

• (10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.

4F

• (1) This section has effect for the purposes of sections 4D and 4E.

• (2) A “designated person” is a person designated by the Secretary of State or the Scottish Ministers or the Department of Justice in Northern Ireland .

• (3) The appropriate judge is—

• (a) in England and Wales, any District Judge (Magistrates' Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;

• (b) in Scotland, the sheriff of Lothian and Borders; and

• (c) in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

• (4) A designation under subsection (2) or (3)(a) or (c) may be made—

• (a) for the purposes of section 4D or 4E (or both); and

• (b) for all cases or only for cases (or cases of a description) specified in the designation.

• (5) A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.

Supplementary and general provisions

Revocation etc. of warrants.

Part 2 — Warrants under section 4A transferring responsibility to the relevant minister

9

This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10

Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11

Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12

• (1) Any reference to the prisoner is to be read as a reference to the relevant person.

• (2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13

In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

• (a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

• (b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14

The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.

Transit

Expenses.

8A

• (1) The Secretary of State may, by virtue of this subsection, make an agreement under section 1(1)(b) or 4A(5)(b) if—

• (a) the agreement is one that could be made by the Department of Justice in Northern Ireland by virtue of section 1(9)(aa) or 4A(10)(aa), and

• (b) the Secretary of State’s decision to make the agreement is arrived at (wholly or partly) on the basis of protected information.

• (2) Subject to subsection (3), if the Secretary of State makes an agreement by virtue of subsection (1) in any case, in this Act references to the relevant Minister are to be read, for that case, as references to the Secretary of State (and the definitions of “relevant Minister” are to be read accordingly).

• (3) In the case of an agreement under section 4A(5)(b), subsection (2) does not apply to—

• (a) the references in sections 4A(1) and 4B(1);

• (b) the last two references in section 4A(5);

• (c) the second reference in section 4A(6);

• (d) the first reference in section 4C(1);

• (e) the reference in paragraph 9 of the Schedule.

• (4) The Secretary of State may notify the Department of Justice that no agreement is to be made under section 1(1)(b) or 4A(5)(b) in relation to a particular person without the Secretary of State’s agreement; and the Department may not make such an agreement in relation to that person without the Secretary of State’s agreement.

• (5) But the Secretary of State may give a notification or refuse his agreement only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

• (6) In this section “protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

3A

• (1) This section applies where—

• (a) a person has been transferred into the United Kingdom under a warrant under section 1, and

• (b) the international arrangements in accordance with which the person has been transferred contain a speciality provision.

• (2) The person must not, unless a condition in subsection (3) is met—

• (a) be prosecuted for any offence committed before the departure of that person from the country or territory from which that person has been transferred, or

• (b) be detained or otherwise subjected to any restriction of liberty for any offence committed before the departure of that person from the country or territory from which that person has been transferred, other than the offence in respect of which the person has been transferred.

• (3) For the purposes of subsection (2), the conditions are as follows—

• (a) the person has consented to the transfer;

• (b) the offence is an offence which is not punishable with imprisonment or another form of detention;

• (c) the offence is an offence in respect of which the person will not be detained in connection with the person's trial, sentence or appeal;

• (d) the person is given an opportunity to leave the United Kingdom and—

• (i) the person does not do so before the end of the permitted period, or

• (ii) if the person does so before the end of the permitted period, the person subsequently returns to Great Britain;

• (e) after the transfer has taken place, the person has made a renunciation of the application of subsection (2) to the offence;

• (f) the appropriate authority of the country or territory from which the person has been transferred consents to the prosecution of the offence.

• (4) For the purpose of subsection (3)(d) the “permitted period” is 45 days starting with the day on which the person's sentence ends.

• (5) For the purpose of subsection (3)(e) a renunciation must be made before a court before which the person may be prosecuted for that offence.

• (6) In this section a “speciality provision” means a provision preventing or limiting the prosecution, detention or other restriction of liberty of the person (“P”) for any offence committed before the departure of P from the country or territory from which P has been transferred, other than for the offence in respect of which P has been transferred.

6A

• (1) The relevant Minister may issue a transit order 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 (2) applies; and

• (b) the relevant Minister has received a request from the appropriate authority of that country or territory in accordance with those arrangements for the transit of a person to whom subsection (2) applies through a part of the United Kingdom.

• (2) A person falls within this subsection if—

• (a) that person is for the time being required to be detained in a prison, a hospital or any other institution either—

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

• (ii) by virtue of any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and

• (b) except in a case where a transit request is made in the circumstances described in section 6D (1), that person is present in a country or territory outside the British Islands.

• (3) The relevant Minister may issue a transit order where—

• (a) international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (4) applies; and

• (b) the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (4) applies through a part of the United Kingdom.

• (4) A person falls within this subsection if—

• (a) that person is for the time being required to be detained in a prison, a hospital or any other institution either—

• (i) by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or

• (ii) by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and

• (b) except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island.

• (5) Terms used in subsection (2)(a) or (4)(a) have the same meaning as in section 1(7).

• (6) In this section and sections 6B, 6C and 6D “transit order” means an order issued by the relevant Minister, in respect of a person who has been the subject of a request within subsection (1)(b) or (3)(b), which authorises the detention of that person in any part of the United Kingdom at any time when that person is in transit.

• (7) In subsection (6) “detention” includes detention while the person is being taken from one place to another place within the United Kingdom.

• (8) A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place.

• (9) In this section and section 6B “relevant Minister” means—

• (a) the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

• (i) be present only in Scotland, or

• (ii) arrive in Scotland before being taken to another part of the United Kingdom;

• (aa) the Department of Justice in Northern Ireland, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

• (i) be present only in Northern Ireland, or

• (ii) arrive in Northern Ireland before being taken to another part of the United Kingdom;

• (b) the Secretary of State, in any other case.

• (10) For the purposes of this section and sections 6B and 6C a person who is the subject of a transit order is “in transit” at any time during the period beginning with the arrival of that person in the United Kingdom and ending with the removal of that person from the United Kingdom .

6B

• (1) A person who is the subject of a transit order is deemed to be in the legal custody of the relevant Minister at any time when that person is in transit.

• (2) A constable may for the purposes of a transit order detain a person who is the subject of that order.

• (3) The relevant Minister may, from time to time, designate any person as a person who is for the time being authorised for the purposes of a transit order to detain a person under the order.

• (4) A person authorised under subsection (3) has all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which the person who is the subject of the transit order is for the time being.

• (5) If a person who is the subject of a transit order escapes or is unlawfully at large, that person may be arrested without warrant by a constable.

• (6) A constable may search a person who is the subject of a transit order, and any item in the possession of that person, for any item which that person might use—

• (a) to cause physical injury to that person or to any other person; or

• (b) to assist that person to escape from detention.

• (7) The power conferred by subsection (6) does not authorise a constable to require a person to remove any clothing other than an outer coat, jacket, headgear or gloves.

• (8) The power conferred by subsection (6) includes power to use reasonable force where necessary.

• (9) A constable searching a person in the exercise of the power conferred by subsection (6) may seize any item found if the constable has reasonable grounds for believing that the person searched might use the item —

• (a) to cause physical injury to that person or to any other person; or

• (b) to assist that person to escape from detention.

• (10) Any item seized from a person under subsection (9) may be retained while that person is in transit.

• (11) In this section “constable” means—

• (a) any person who is a constable in any part of the United Kingdom or who has, under any enactment (including subsection (4) above), the powers of a constable in any part of the United Kingdom , or

• (b) any person who is a prison officer within the meaning of section 117(1) of the Criminal Justice and Public Order Act 1994.

• (12) A person who is a constable by virtue of subsection (11)(a) has, for the purposes of section 6A, this section and section 6C, all the powers, authority, protection and privileges of a constable in any part of Great Britain in which a person who is the subject of a transit order is for the time being.

6C

• (1) Where—

• (a) a transit order is issued by the Minister for one part of the United Kingdom (“jurisdiction A”), and

• (b) it is proposed that the person who is the subject of the order will whilst in transit be taken to another part of the United Kingdom (“jurisdiction B”),

the Minister for jurisdiction A must notify the Minister for jurisdiction B.

• (2) Notification need not be given where the Minister for jurisdiction B has agreed in writing to the transit order.

• (3) Unless the Minister for jurisdiction B agrees in writing to the transit order, the order authorises the detention of the person subject to it in jurisdiction A only.

• (4) But where the person escapes or is unlawfully at large, the order also authorises—

• (a) the arrest of the person under section 6B(5) in a part of the United Kingdom other than jurisdiction A, and

• (b) the detention of the person in that part by a constable (within the meaning of that section) for the purpose of taking the person to jurisdiction A.

• (5) For the purposes of this section—

• (a) the Minister for England and Wales, is the Secretary of State,

• (b) the Minister for Scotland is the Scottish Ministers, and

• (c) the Minister for Northern Ireland is the Department of Justice in Northern Ireland.

6D

• (1) This section applies where—

• (a) a person is being transferred between two countries or territories outside the United Kingdom in accordance with international arrangements between those two countries or territories providing for the transfer of persons within section 6A(2)(a) or (4)(a),

• (b) the United Kingdom is a party to international arrangements of the kind mentioned in section 6A(1)(a) with at least one of those countries or territories such that the country or territory can make a request under section 6A(1)(b), and

• (c) the person makes an unscheduled arrival in the United Kingdom.

• (2) A constable may detain a person to whom subsection (1) applies until the expiry of the period of 72 hours beginning with the person's arrival in the United Kingdom or until a transit order is issued under section 6A in respect of that person, whichever is the sooner.

• (3) In this section “constable” means any person who is a constable in any part of the United Kingdom or who has, under any enactment (including section 6B(4) above), the powers of a constable in any part of the United Kingdom.

• (4) A person who is a constable by virtue of subsection (3) has for the purposes of this section all the powers, authority, protection and privileges of a constable in the part of the United Kingdom in which the person mentioned in subsection (2) is for the time being.