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Repatriation of Prisoners Act 1984

Type Public General Act
Publication 1984-07-26
Last updated 2022-06-28
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
60

Word in Sch. para. 8 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702), art. 1(3), Sch. 7 para. 7(b) (with art. 81); S.R. 2005/4, art. 3 (with arts. 4-7)

61

S. 2(4)(b)(i) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 41 (and with saving in 2008 c. 4, Sch. 26 para. 12(3)(b)); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(19) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

65

S. 1(1)(c) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 44(2), 53(1); S.I. 2006/3364, art. 2(f)

66

Words in s. 1(5) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 44(3), 53(1); S.I. 2006/3364, art. 2(f)

69

Sch. para. 2 (as it applies in E.W. in relation to offences committed before 4.4.2005) modified (9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(4); S.I. 2008/1466, art. 2(c)(i) (with art. 4)

70

S. 1 amendments made by 2006 c. 48, s. 44(2)(3) extended (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 96(1), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 40

122

Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(a).

123

Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(b).

124

Words in Sch. Pt. 1 para. 1 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 para. 19(3)(c).

129

S. 1(7)(a) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 26

130

S. 1(7A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 98; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

180

Act extended (to certain territories) (with modifications) (13.11.2017) by The Repatriation of Prisoners (Overseas Territories) Order 2017 (S.I. 2017/983), art. 3, Sch. 1, Sch. 2

183

Sch. para. 2A(4A)-(4D) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5

184

Word in Sch. para. 2(1) inserted (S.) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(2)

185

Words in Sch. para. 2(2) inserted (S.) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(3)

186

Sch. para. 2(3A)-(3D) inserted (S.) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4)

187

Sch. para. 2(3) omitted (E.W.) (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(a), 208(5)(p) (with s. 145(2))

188

Sch. para. 2(3A) omitted (E.W.) (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(a), 208(5)(p) (with s. 145(2))

189

Sch. para. 2(3ZA)-(3ZF) substituted for Sch. para. 2(3B)-(3F) (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(b), 208(5)(p) (with s. 145(2))

190

Words in Sch. para. 2(4) substituted (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(1)(c), 208(5)(p) (with s. 145(2))

Transfer out of the United Kingdom.

Transfer into the United Kingdom.

2A
  • (1) This paragraph applies to a prisoner repatriated to Northern Ireland.
  • (2) In determining for the purposes of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that Chapter, the prisoner's sentence shall subject to sub-paragraph (3), be deemed to begin with the day on which the relevant provisions take effect.
  • (3) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular proportion or part of his sentence, be deemed to be increased by that period.
  • (4) Where the prisoner's sentence is for a term of less than 12 months, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply as if the sentence were for a term of 12 months or more.
  • (4A) If sub-paragraph (4B) or (4C) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if that offence was within Article 20A(2) (terrorist offences carrying restricted eligibility for release on licence).
  • (4B) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 2, 4, 5 or 7 of Schedule 2A to the Criminal Justice (Northern Ireland) Order 2008 (terrorism offences carrying restricted eligibility for release on licence).
  • (4C) This sub-paragraph applies if the warrant specifies that—
  • (a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),
  • (b) section 30 of the Counter-Terrorism Act 2008 would have applied to the corresponding offence if—
  • (i) it had been committed at the same time as the overseas offence, and
  • (ii) the prisoner had been convicted of and sentenced for it in Northern Ireland at the same time respectively as the conviction and sentencing for the overseas offence, and
  • (c) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the corresponding offence had a terrorist connection.
  • (4D) The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4A) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4B) or (4C).
  • (5) In this paragraph “sentence” means the provision included in the warrant which is equivalent to sentence.

Transfer of prisoners to or from the United Kingdom

Transfer out of the United Kingdom.

Transit through different parts of the United Kingdom

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