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Criminal Justice and Immigration Bill, continued

“the relevant person” has the meaning given by section 4A(5)(b).”

(3)	In subsection (3)—

(a)	in paragraph (a) after “section 1(1)(a)” insert “or 4A(5)(a)”;

(b)	in paragraph (b) for “such a party” substitute “a party to such

international arrangements as are mentioned in section 1(1)(a)”;

(c)	after paragraph (b) (but before the “or” after that paragraph) insert—

“(ba)

that the appropriate authority of a country or territory

which is a party to such international arrangements as

are mentioned in section 4A(5)(a) has agreed to the

transfer of responsibility for the detention and release

of a particular person in accordance with those

arrangements;”.

6K  (1)

The Schedule (operation of certain enactments in relation to the prisoner) is

amended as follows.

(2)	For the cross-heading before paragraph 1 substitute—

“Part 1

Warrants under section 1

Application of Part 1”.

(3)	In paragraph 1—

(a)	at the beginning insert “This Part of”;

(b)	after “under” insert “section 1 of”.

(4)	After paragraph 8 insert—

“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 sentenced on or after 1 October 1993).

13	In paragraph 2 (as it applies in Scotland to repatriated prisoners

sentenced on or after 1 October 1993) the reference to prisoners

repatriated to Scotland is to be read as a reference to any relevant

person sentenced on or after 1 October 1993 in whose case the

warrant under section 4A transfers responsibility for his detention

and release to the Scottish Ministers.

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Criminal Justice and Immigration Bill, continued

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.”’.

Secretary Jack Straw

147

Page  287,  line  37  [Schedule  32],  at end insert—

‘Criminal Justice (International Co-operation) Act 1990 (c. 5)

10A	In section 6(7) of the Criminal Justice (International Co-operation) Act 1990

(transfer of overseas prisoner to give evidence or assist investigation in the

United Kingdom), for the words from “having been” to the end of paragraph

(b) substitute “—

(c)	having been transferred there, or responsibility for his

detention and release having been transferred there, from the

United Kingdom under the Repatriation of Prisoners Act

1984;

(d)	having been transferred there, or responsibility for his

detention and release having been transferred there, under any

similar provision or arrangement from any other country or

territory,”.’.

Secretary Jack Straw

148

Page  288,  line  17  [Schedule  32],  at end insert—

‘Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

12A	In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993

(life prisoners transferred to Scotland), after subsection (4) insert—

“(4A)

The reference in subsection (4)(b) above to a person who has been

transferred to Scotland in pursuance of a warrant under the

Repatriation of Prisoners Act 1984 includes a reference to a person

who is detained in Scotland in pursuance of a warrant issued by the

Scottish Ministers under section 4A of that Act (warrant transferring

responsibility for detention and release of offender) (referred to in

subsection (4B) below as “a relevant person)”.

(4B)	Such a person is to be taken to have been transferred when the warrant

under section 4A of that Act was issued in respect of that person.”’.

Secretary Jack Straw

111

Page  289,  line  42  [Schedule  32],  at end insert—

‘20A	In section 24(5)(a) (first meeting: duration of contract), after “under

paragraph” insert “9ZD,”.

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Criminal Justice and Immigration Bill, continued

20B	In section 28(a) (offender etc. referred back to court), for “Part I” substitute

“Parts 1 and 1ZA”.’.

Secretary Jack Straw

112

Page  290,  line  4  [Schedule  32],  at end insert—

‘22D (1)

Schedule 1 (youth offender panels: further court proceedings) is amended as

follows.

(2)	In the heading for Part 1, at the end insert “: REVOCATION OF REFERRAL

ORDER”.

(3)	In paragraphs 5(3), 9 and 14(2)(b), after “under paragraph” insert “9ZD,”.’.

Secretary Jack Straw

149

Page  290,  line  11  [Schedule  32],  at end insert—

‘Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)

23A	In Article 10 of the Life Sentences (Northern Ireland) Order 2001 life prisoners

transferred to Northern Ireland), after paragraph (5) insert—

“(6)	The reference in paragraph (4)(b) to a person transferred to Northern

Ireland in pursuance of a warrant under the Repatriation of Prisoners

Act 1984 includes a person who is detained in Northern Ireland in

pursuance of a warrant under section 4A of that Act (warrant

transferring responsibility for detention and release of offender).”’.

Secretary Jack Straw

150

Page  290,  line  11  [Schedule  32],  at end insert—

‘Crime (International Co-operation) Act 2003 (c. 32)

23B	In section 48(2)(b) of the Crime (International Co-operation) Act 2003

(transfer of EU etc prisoner to assist UK investigation), for the words from

“having been” to the end of paragraph (b) substitute “—

(a)	having been transferred there, or responsibility for his

detention and release having been transferred there, from the

United Kingdom under the Repatriation of Prisoners Act

1984;

(b)	having been transferred there, or responsibility for his

detention and release having been transferred there, under any

similar provision or arrangement from any other country or

territory.”’.

Secretary Jack Straw

151

Page  291,  line  32  [Schedule  32],  at end insert—

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Criminal Justice and Immigration Bill, continued

‘32I	In section 273 (life prisoners transferred to England and Wales), after

subsection (4) insert—

“(5)	The reference in subsection (2)(b) above to a person who has been

transferred to England and Wales in pursuance of a warrant issued

under the Repatriation of Prisoners Act 1984 includes a reference to a

person who is detained in England and Wales in pursuance of a

warrant under section 4A of that Act (warrant transferring

responsibility for detention and release of offender).”’.

Secretary Jack Straw

143

Page  295,  line  40  [Schedule  33],  leave out paragraph 8.

Secretary Jack Straw

226

Page  296,  line  21  [Schedule  33],  at end insert—

‘Part 2A

Appeals

Appeals against conviction etc.

10A(1)

The amendments made by sections 26 and 28 apply in relation to an appeal

under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the proceedings on

appeal begin on or after the date on which those sections come into force.

(2)	For the purposes of this paragraph, the proceedings on appeal begin—

(a)	if the appellant appeals with leave of the Court of Appeal, on the date

the application for leave is served on the Crown Court officer,

(b)	if the judge of the court of trial grants a certificate that the case is fit

for appeal—

(i)	on the date the application for the certificate is served on the

Crown Court officer or, in the case of an oral application, on

the date the application is made to the judge, or

(ii)	in a case where a certificate is granted without any application

being made, on the date the certificate is granted, or

(c)	if the Criminal Cases Review Commission refer the case to the Court

of Appeal under Part 2 of the Criminal Appeal Act 1995 (c. 35), on the

date the reference is made.

(3)	In this paragraph, references to service on the Crown Court officer are to be

read in accordance with the Criminal Procedure Rules 2005 (S.I. 2005/384).

10B(1)

The amendments made by sections 27 and 29 apply in relation to an appeal

under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the

proceedings on appeal begin on or after the date on which those sections come

into force.

(2)	For the purposes of this paragraph, the proceedings on appeal begin—

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Criminal Justice and Immigration Bill, continued

(a)	if the appellant appeals with leave of the Court of Appeal, on the date

the application for leave is served on the proper officer,

(b)	if leave to appeal is not required, on the date notice of appeal is served

on the proper officer,

(c)	if the judge of the court of trial grants a certificate that the case is fit

for appeal—

(i)	on the date the application for the certificate is made to the

court of trial or lodged with the proper officer, or

(ii)	in a case where a certificate is granted without any application

being made, on the date the certificate is granted, or

(d)	if the Criminal Cases Review Commission refer the case to the Court

of Appeal under Part 2 of the Criminal Appeal Act 1995 (c. 35), on the

date the reference is made.

(3)	In this paragraph, “the proper officer” has the same meaning as in the Criminal

Appeal (Northern Ireland) Rules 1968 (S.R & O (N.I.) 1968/218).

Prosecution appeals

10C(1)

The amendment made by section 30 applies in relation to an appeal under Part

9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin

on or after the date on which that section comes into force.

(2)	For the purposes of this paragraph, the proceedings on appeal begin—

(a)	if the prosecution appeals with leave of the Crown Court judge, on the

date the application for leave is served on the Crown Court officer or,

in the case of an oral application, on the date the application is made,

or

(b)	if the prosecution appeals with leave of the Court of Appeal, on the

date the application for leave is served on the Crown Court officer.

(3)	In this paragraph, references to service on the Crown Court officer are to be

read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).

10D(1)

The amendment made by section 31 applies in relation to an appeal under Part

IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500

(N.I.9)) if the proceedings on appeal begin on after the date on which that

section comes into force.

(2)	For the purposes of this paragraph, the proceedings on appeal begin—

(a)	if the prosecution appeals with leave of the Crown Court judge, on the

date the application for leave is made,

(b)	if the prosecution appeals with leave of the Court of Appeal, on the

date the application for leave is served on the proper officer, or

(c)	if leave to appeal is not required, on the date the prosecution informs

the Crown Court judge that it intends to appeal.

(3)	In this paragraph, “the proper officer” has the same meaning as in the Criminal

Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/

159).’.

Secretary Jack Straw

152

Page  299,  line  32  [Schedule  33],  at end insert—

‘22A	The amendment made by section (Delivery of prisoner to place abroad for

purposes of transfer out of the United Kingdom) does not apply to warrants

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under section 1 of the Repatriation of Prisoners Act 1984 issued before the

commencement of that section.’.

Secretary Jack Straw

114

Page  300,  line  4  [Schedule  33],  leave out ‘140(6)(a)’ and insert ‘140(6A)(a) in its

application in relation to England and Wales’.

Secretary Jack Straw

77

Page  307,  [Schedule  34],  column 2, leave out lines 6 and 7.

Secretary Jack Straw

78

Page  307,  [Schedule  34],  column 2, leave out lines 27 and 28.

Secretary Jack Straw

79

Page  307,  line  29  [Schedule  34],  column 2, leave out ‘subsections (2) and (3)’ and

insert ‘subsections (3) and (3A)’.

Secretary Jack Straw

80

Page  307,  line  31  [Schedule  34],  column 2, leave out ‘paragraphs (b) and (c)’ and

insert ‘paragraph (b)’.

Secretary Jack Straw

81

Page  307,  line  47  [Schedule  34],  at end insert—

‘Armed Forces Act 2006 (c. 52)

In Schedule 16, paragraph 225.’.

Secretary Jack Straw

153

Page  310,  line  18  [Schedule  34],  at end insert—

	‘Repatriation of Prisoners Act 1984	In section 1(4)(b) the words “under this Act”.
	(c. 47)
		Section 3(10).
		In section 8(1) the word “and” after the definition of
		“order”.’.

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Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

154

Page  310,  line  18  [Schedule  34],  at end insert—

‘Police and Justice Act 2006 (c.48)

Section 44(4).’.

Secretary Jack Straw

155

Title,  line  8,  after ‘penalties;’ insert ‘to amend the Repatriation of Prisoners Act 1984;’.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

130

Title,  line  9,  after ‘criminality;’, insert ‘to amend the law relating to extradition;’.

orders of the house [8th and 11th OCTOBER 2007]

That the following provisions shall apply to the Criminal Justice and Immigration Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 29th November 2007.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

---

Revised 9 January 2008