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| | 9ZD(1) | If it appears to the appropriate court that it would be in the interests of |
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| | justice to do so having regard to circumstances which have arisen |
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| | since the contract took effect, the court may make an order extending |
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| | the length of the period for which the contract has effect. |
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| | (2) | An order under sub-paragraph (1) above— |
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| | (a) | must not extend that period by more than three months; and |
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| | (b) | must not so extend that period as to cause it to exceed twelve |
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| | |
| | (3) | In deciding whether to make an order under sub-paragraph (1) above, |
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| | the court shall have regard to the extent of the offender’s compliance |
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| | with the terms of the contract. |
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| | (4) | The court may not make an order under sub-paragraph (1) above |
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| | |
| | (a) | the offender is present before it; and |
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| | (b) | the contract has effect at the time of the order. |
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| | |
| | 9ZE | The following paragraphs of Part 1 of this Schedule apply for the |
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| | purposes of this Part of this Schedule as they apply for the purposes of |
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| | |
| | (a) | paragraph 3 (bringing the offender before the court); |
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| | (b) | paragraph 4 (detention and remand of arrested offender); and |
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| | (c) | paragraph 9ZA (power to adjourn hearing and remand |
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| | |
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| | Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom |
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| |
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| To move the following Clause:— |
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| | ‘In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of |
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| | the UK), for subsection (1) substitute— |
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| | “(1) | The effect of a warrant under section 1 providing for the transfer of the |
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| | prisoner out of the United Kingdom shall be to authorise— |
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| | (a) | the taking of the prisoner to any place in any part of the United |
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| | Kingdom, his delivery at a place of departure from the United |
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| | Kingdom into the custody of an appropriate person and his |
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| | removal by that person from the United Kingdom to a place |
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| | outside the United Kingdom; or |
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| | (b) | the taking of the prisoner to any place in any part of the United |
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| | Kingdom, his removal from the United Kingdom and his |
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| | delivery, at the place of arrival from the United Kingdom, into |
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| | the custody of an appropriate person. |
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| |
| |
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| | (1A) | In subsection (1) “appropriate person” means a person representing the |
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| | appropriate authority of the country or territory to which the prisoner is |
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| | |
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| | Issue of warrant transferring responsibility for detention and release of an offender to or |
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| | from the relevant Minister |
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| |
| | |
| To move the following Clause:— |
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| | ‘After section 4 of the Repatriation of Prisoners Act 1984 (c. 47) (transfer into the |
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| | |
| | “Transfer of responsibility for detention and release of offender present outside |
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| | the country or territory in which he is required to be detained |
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| | 4A | Issue of warrant transferring responsibility for detention and release |
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| | |
| | (1) | This section enables responsibility for the detention and release of a |
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| | person to whom subsection (2) or (3) applies to be transferred between |
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| | the relevant Minister in the United Kingdom and the appropriate |
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| | authority in a country or territory outside the British Islands. |
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| | (2) | A person falls within this subsection if that person— |
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| | (a) | is a person to whom section 1(7) applies by virtue of— |
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| | (i) | an order made in the course of the exercise by a court or |
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| | tribunal in any part of the United Kingdom of its |
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| | criminal jurisdiction; or |
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| | (ii) | any of the provisions of this Act or any similar |
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| | provisions of the law of any part of the United Kingdom; |
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| | |
| | (b) | is present in a country or territory outside the British Islands. |
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| | (3) | A person falls within this subsection if that person— |
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| | (a) | is a person to whom section 1(7) applies by virtue of — |
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| | (i) | an order made in the course of the exercise by a court or |
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| | tribunal in a country or territory outside the British |
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| | Islands of its criminal jurisdiction; or |
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| | (ii) | any provisions of the law of such a country or territory |
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| | which are similar to any of the provisions of this Act; |
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| | |
| | (b) | is present in the United Kingdom. |
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| | (4) | Terms used in subsection (2)(a) and (3)(a) have the same meaning as in |
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| | |
| | (5) | Subject to the following provisions of this section, where— |
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| | (a) | the United Kingdom is a party to international arrangements |
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| | providing for the transfer between the United Kingdom and a |
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| | country or territory outside the British Islands of responsibility |
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| |
| |
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| | for the detention and release of persons to whom subsection (2) |
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| | |
| | (b) | the relevant Minister and the appropriate authority of that |
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| | country or territory have each agreed to the transfer under those |
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| | arrangements of responsibility for the detention and release of a |
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| | particular person to whom subsection (2) or (3) applies (in this |
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| | Act referred to as “the relevant person”), and |
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| | (c) | in a case in which the terms of those arrangements provide for |
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| | the transfer of responsibility to take place only with the relevant |
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| | person’s consent, that consent has been given, |
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| | | the relevant Minister shall issue a warrant providing for the transfer of |
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| | responsibility for the detention and release of the relevant person from |
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| | that Minister (where subsection (2) applies) or to that Minister (where |
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| | |
| | (6) | The relevant Minister shall not issue a warrant under this section |
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| | providing for the transfer of responsibility for the detention and release |
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| | of a person to the relevant Minister unless— |
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| | (a) | that person is a British citizen; |
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| | (b) | the transfer appears to the relevant Minister to be appropriate |
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| | having regard to any close ties which that person has with the |
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| | |
| | (7) | The relevant Minister shall not issue a warrant under this section where, |
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| | after the duty in subsection (5) has arisen, circumstances arise or are |
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| | brought to his attention which in his opinion make it inappropriate that |
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| | the transfer of responsibility should take place. |
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| | (8) | The relevant Minister shall not issue a warrant under this section (other |
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| | than one superseding an earlier warrant) unless he is satisfied that all |
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| | reasonable steps have been taken to inform the relevant person in writing |
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| | |
| | (a) | of the substance, so far as relevant to the case, of the international |
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| | arrangements in accordance with which it is proposed to transfer |
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| | responsibility for his detention and release; |
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| | (b) | of the effect in relation to the relevant person of the warrant |
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| | which it is proposed to issue under this section; |
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| | (c) | in the case of a person to whom subsection (2) applies, of the |
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| | effect in relation to his case of so much of the law of the country |
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| | or territory concerned as has effect with respect to transfers |
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| | under those arrangements of responsibility for his detention and |
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| | |
| | (d) | in the case of a person to whom subsection (3) applies, of the |
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| | effect in relation to his case of the law relating to his detention |
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| | under that warrant and subsequent release (including the effect |
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| | of any enactment or instrument under which he may be released |
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| | earlier than provided for by the terms of the warrant); and |
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| | (e) | of the powers of the relevant Minister under section 6; |
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| | | and the relevant Minister shall not issue a warrant superseding an earlier |
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| | warrant under this section unless the requirements of this subsection were |
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| | fulfilled in relation to the earlier warrant. |
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| | (9) | A consent given for the purposes of subsection (5)(c) shall not be capable |
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| | of being withdrawn after a warrant under this section has been issued in |
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| | respect of the relevant person; and, accordingly, a purported withdrawal |
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| |
| |
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| | of that consent after that time shall not affect the validity of the warrant, |
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| | or of any provision which by virtue of section 6 subsequently supersedes |
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| | provisions of that warrant, or of any direction given in relation to the |
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| | prisoner under section 4B(3). |
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| | (10) | In this section “relevant Minister” means— |
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| | (a) | the Scottish Ministers in a case where the person who is the |
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| | subject of the proposed transfer of responsibility is— |
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| | (i) | a person to whom subsection (2) applies who is for the |
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| | time being required to be detained at a place in Scotland; |
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| | |
| | (ii) | a person to whom subsection (3) applies, if it is proposed |
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| | that he will be detained at a place in Scotland; |
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| | (b) | the Secretary of State, in any other case. |
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| | 4B | Transfer of responsibility from the United Kingdom |
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| | (1) | The effect of a warrant under section 4A relating to a person to whom |
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| | subsection (2) of that section applies shall be to transfer responsibility for |
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| | the detention and release of that person from the relevant Minister (as |
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| | defined in section 4A(10)) to the appropriate authority of the country or |
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| | territory in which he is present. |
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| | (2) | Subject to subsections (3) to (6), the order by virtue of which the relevant |
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| | person is required to be detained at the time such a warrant is issued in |
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| | respect of him shall continue to have effect after the transfer of |
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| | responsibility so as to apply to him if he comes to be in the United |
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| | Kingdom at any time when under that order he is to be, or may be, |
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| | |
| | (3) | If, at any time after the transfer of responsibility, it appears to the relevant |
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| | Minister appropriate to do so in order that effect may be given to the |
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| | international arrangements in accordance with which the transfer took |
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| | place, the relevant Minister may give a direction— |
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| | (a) | varying the order referred to in subsection (2); or |
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| | (b) | providing for the order to cease to have effect. |
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| | (4) | In subsection (3) “relevant Minister” means— |
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| | (a) | the Scottish Ministers, where Scotland is the part of the United |
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| | Kingdom in which the order referred to in subsection (2) has |
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| | |
| | (b) | the Secretary of State in any other case. |
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| | (5) | The power by direction under subsection (3) to vary the order referred to |
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| | in subsection (2) includes power by direction— |
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| | (a) | to provide for how any period during which the detention and |
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| | release of the relevant person is, by virtue of a warrant under |
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| | section 4A, the responsibility of a country or territory outside the |
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| | United Kingdom is to be treated for the purposes of the order; |
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| | |
| | (b) | to provide for the relevant person to be treated as having been |
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| | released or discharged as mentioned in any paragraph of section |
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| | |
| | (6) | Except in relation to any period during which a restriction order is in |
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| | force in respect of the relevant person, subsection (2) shall not apply in |
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| |
| |
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| | relation to a hospital order; and, accordingly, a hospital order shall cease |
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| | to have effect in relation to that person— |
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| | (a) | at the time of the transfer of responsibility, if no restriction order |
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| | is in force in respect of him at that time; and |
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| | (b) | if at that time a restriction order is in force in respect of him, as |
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| | soon after the transfer of responsibility as the restriction order |
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| | |
| | (7) | In subsection (6) “hospital order” and “restriction order” have the same |
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| | meaning as in section 2(6). |
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| | (8) | References in this section to the order by virtue of which a person is |
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| | required to be detained at the time a warrant under section 4A is issued |
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| | in respect of him include references to any order by virtue of which he is |
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| | required to be detained after the order by virtue of which he is required |
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| | to be detained at that time ceases to have effect. |
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| | 4C | Transfer of responsibility to the United Kingdom |
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| | (1) | The effect of a warrant under section 4A relating to a person to whom |
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| | subsection (3) of that section applies shall be to transfer responsibility for |
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| | the detention and release of that person to the relevant Minister (as |
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| | defined in section 4A(10)) and to authorise— |
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| | (a) | the taking of that person in custody to such place in any part of |
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| | the United Kingdom as may be specified in the warrant, being a |
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| | place at which effect may be given to the provisions contained in |
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| | the warrant by virtue of paragraph (b); and |
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| | (b) | the detention of that person in any part of the United Kingdom in |
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| | accordance with such provisions as may be contained in the |
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| | warrant, being provisions appearing to the relevant Minister to |
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| | be appropriate for giving effect to the international arrangements |
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| | in accordance with which responsibility for that person is |
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| | |
| | (2) | A provision shall not be contained by virtue of subsection (1)(b) in a |
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| | warrant under section 4A unless it satisfies the following two conditions, |
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| | |
| | (a) | it is a provision with respect to the detention of a person in a |
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| | prison, a hospital or any other institution; and |
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| | (b) | it is a provision which at the time the warrant is issued may be |
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| | contained in an order made either— |
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| | (i) | in the course of the exercise of its criminal jurisdiction |
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| | by a court in the part of the United Kingdom in which the |
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| | person is to be detained; or |
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| | (ii) | otherwise than by a court but for the purpose of giving |
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| | effect to an order made as mentioned in sub-paragraph |
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| | |
| | (3) | Section 3(3) applies for determining for the purposes of paragraph (b) of |
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| | subsection (1) above what provisions are appropriate for giving effect to |
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| | the international arrangements mentioned in that paragraph in a relevant |
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| | person’s case as it applies for the purposes of section 3(1)(c) in the case |
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| | of a prisoner who is to be transferred into the United Kingdom. |
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| | (4) | Subject to subsection (6) and Part 2 of the Schedule to this Act, a |
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| | provision contained by virtue of subsection (1)(b) in a warrant under |
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| | section 4A shall for all purposes have the same effect as the same |
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| |
| |
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| | provision contained in an order made as mentioned in sub-paragraph (i) |
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| | or, as the case may be, sub-paragraph (ii) of subsection (2)(b). |
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| | (5) | A provision contained by virtue of subsection (1)(b) in a warrant under |
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| | section 4A shall take effect with the delivery of the relevant person to the |
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| | place specified in the warrant for the purposes of subsection (1)(a). |
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| | (6) | Subsection (4) shall not confer any right of appeal on the relevant person |
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| | against provisions contained by virtue of subsection (1)(b) in a warrant |
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| | |
| | (7) | Part 2 of the Schedule to this Act shall have effect with respect to the |
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| | operation of certain enactments in relation to provisions contained by |
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| | virtue of subsection (1)(b) in a warrant under section 4A. |
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| | (8) | For the purposes of determining whether at any particular time any such |
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| | order as is mentioned in subsection (2)(b) could have been made as so |
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| | mentioned, there shall be disregarded both— |
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| | (a) | any requirement that certain conditions must be satisfied before |
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| | |
| | (b) | any restriction on the minimum period in respect of which the |
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| | |
| |
| | Powers to arrest and detain persons believed to fall within section 4A(3) of the |
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| | Repatriation of Prisoners Act 1984 |
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| |
| | |
| To move the following Clause:— |
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| | ‘After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by |
|
| | section (Issue of warrant transferring responsibility for detention and release of |
|
| | an offender to or from the relevant Minister)) insert— |
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| | “Persons believed to fall within section 4A(3): powers of arrest and detention |
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| | 4D | Arrest and detention with a view to establishing whether a person falls |
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| | within section 4A(3) etc. |
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| | (1) | The Secretary of State or the Scottish Ministers may issue a certificate |
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| | stating that the issuing authority— |
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| | (a) | considers that there are reasonable grounds for believing that a |
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| | person in the United Kingdom is a person falling within section |
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| | |
| | (b) | has requested written confirmation from the country or territory |
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| | concerned of the details of that person’s case. |
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| | (2) | The issuing authority may send the certificate (with any other documents |
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| | appearing to the authority to be relevant) to the appropriate judge with a |
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| | view to obtaining the issue of a warrant under subsection (3). |
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| |
| |
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| | (3) | The appropriate judge may, on receiving the certificate, issue a warrant |
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| | for the arrest of the person concerned if the judge is satisfied that there |
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| | are reasonable grounds for believing that the person falls within section |
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| | |
| | (4) | The warrant may be executed anywhere in the United Kingdom by any |
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| | designated person (and it is immaterial whether or not he is in possession |
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| | of the warrant or a copy of it). |
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| | (5) | A person arrested under this section shall, as soon as is practicable— |
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| | (a) | be given a copy of the warrant for his arrest; and |
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| | (b) | be brought before the appropriate judge. |
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| | (6) | The appropriate judge may order that a person before him who is the |
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| | subject of a certificate under this section is to be detained from the time |
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| | the order is made until the end of the period of seven days beginning with |
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| | the day after that on which the order is made. |
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| | (7) | The purpose of an order under subsection (6) is to secure the detention of |
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| | the person concerned while— |
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| | (a) | written confirmation is obtained from a representative of the |
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| | country or territory concerned of the details of his case; |
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| | (b) | it is established whether he is a person falling within section |
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| | |
| | (c) | any application for an order under section 4E(6) is made in |
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| | |
| | (8) | Subject to subsection (9), a person detained under such an order may be |
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| | released at any time during the period mentioned in subsection (6) and |
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| | shall be released at the end of that period (if not released sooner). |
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| | (9) | Subsection (8) ceases to apply to the detained person if, during that |
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| | period, an order under section 4E is made in respect of him. |
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| | (10) | It is immaterial for the purposes of subsection (6) whether or not the |
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| | person concerned has previously been arrested under this section. |
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| | 4E | Arrest and detention with a view to determining whether to issue a |
|
| | |
| | (1) | The Secretary of State or the Scottish Ministers may issue a certificate |
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| | stating that the issuing authority— |
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| | (a) | considers that a person in the United Kingdom is a person falling |
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| | within section 4A(3), and |
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| | (b) | has received written confirmation from a representative of the |
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| | country or territory concerned of the details of that person’s case; |
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| | | and it is immaterial for the purposes of this section whether or not the |
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| | person concerned has been previously arrested or detained under section |
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| | |
| | (2) | The issuing authority may send the certificate (with a copy of the written |
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| | confirmation mentioned in subsection (1)(b) and any other documents |
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| | appearing to that authority to be relevant) to the appropriate judge with a |
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| | view to obtaining the issue of a warrant under subsection (3). |
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|