Statutory Instrument 1997 No. 1776

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

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

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	22nd 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 1997[1] as enacted, and as it applies in relation to the Isle of Man by the Transfer of Prisoners (Isle of Man) Order 1997[2], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 

    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.

    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.

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

    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 1Article 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

    1.In this Schedule:

"the Schedule" means Schedule 1 to the Act;

"prison" has the same meaning as in the Schedule.

Restricted transfers from England and Wales to Guernsey
    2. - (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) sections 13 and 15 of the Act shall apply to him as if they were part of the law of Guernsey; but

(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) 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) 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) 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) 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 1952[3] 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 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

Restricted transfers from England and Wales to the Isle of Man
    3. - (1) Where a person's transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a)[4] of the Schedule from England and Wales to the Isle of Man is a restricted transfer - 

(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) 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) 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) 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)[5] of the Schedule of a person's supervision from England and Wales to the Isle of Man is a restricted transfer - 

(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) 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

Restricted transfers from England and Wales to Jersey
    4. - (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) sections 13 and 15 of the Act shall apply to him as if they were part of the law of Jersey; but

(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) 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 provisions of the law of Jersey; but

(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 Jersey.

    (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 Jersey is a restricted transfer - 

(a) sections 16, 17(1)(a), (4) and (6) (but not (b) in the definition of "the relevant period"), 18(1), (2), 19(1), (2), (6)(a) 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 Jersey; but

(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 Jersey.

    (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 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
Constable	Police officer within the meaning of the Police Force (Jersey) Law, 1974
Conviction on indictment	Conviction
Written information on oath	Evidence on oath
Prison rules	Rules made under Article 26 of the Prison (Jersey) Law, 1957, as amended by the Prison (Amendment No. 2) (Jersey) Law, 1981 and by the Prison (Amendment No. 3) (Jersey) Law 1994
Probation officer	"Délégué" appointed under Article 7 of the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée
Standard scale	Standard scale in accordance with the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993

Restricted transfers from Scotland to Guernsey
    5. - (1) Where a person's transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Scotland to Guernsey is a restricted transfer - 

(a) sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995[6] (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him as if they were part of the law of Guernsey; but

(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 Scotland to Guernsey is a restricted transfer - 

(a) sections 15, 18 and 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1933[7] ("the 1993 Act") and sections 33(5), 34, 37 and 39 of the Crime and Punishment (Scotland) Act 1997[8] ("the 1997 Act") or, as the case may require, sections 1(4)[9], 2[10], 3[11], 11 to 13[12] and 17[13] of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Guernsey; but

(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 his 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 is 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 Scotland to Guernsey is a restricted transfer - 

(a) sections 15, 18 and 19 of the 1993 Act and sections 33(5) and 37 of the 1997 Act or, as the case may require, sections 2(4), 11 to 13 and 17 of the 1993 Act shall apply to him in place of the corresponding provisions of the law of Guernsey; but

(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) Any reference in - 

(a) sub-paragraphs (2) and (4) above to sections 15, 18 and 19 of the 1993 Act is a reference to those sections so far as relating to supervised release orders;

(b) the said sub-paragraph (2) - 


(i) to section 34 of the 1997 Act includes a reference to any rules under section 39 of the Prisons (Scotland) Act 1989[14] made by virtue of subsections (13) to (16) of that section; and

(ii) to section 39 of the 1997 Act is a reference to that section so far as it relates to section 37 of that Act.

    (6) Any provision of Part I of the 1993 Act or Part III of the 1997 Act which is applied by sub-paragraph (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.

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Notes:

[1] 1997 c. 43.back

[2] S.I. 1997/1579.back

[3] 1952 c. 52; section 47 was amended by the Criminal Justice Act 1967 (c. 80), sections 66(5) and 103(2) and Schedule 7, Part I, by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 7(a), and by the Criminal Justice and Public Order Act 1994 (c. 33), section 6; there are other amendments to section 47 not relevant to Schedule I.back

[4] Paragraphs 1, 2 and 3 were extended to, and applied in relation to, the Isle of Man, with modifications, by S.I. 1997/1775[a] .back

[5] Paragraph 4 was extended to, and applied in relation to, the Isle of Man, with modifications, by S.I. 1997/1775[a] .back

[6] 1995 c. 46. Section 65 was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 73(3) and by the Crime and Punishment (Scotland) Act 1997 (c. 48), Schedule 1, paragraph 21(9).back

[7] 1993 c. 9. Section 15 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 86(8); section 18 was amended by the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 179(2), and by the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 179(4).back

[8] 1997 c. 48.back

[9] Section 1(4) was amended by the 1997 Act, Schedule 1, paragraph 14(2)(b).back

[10] Section 2 was amended by the 1997 Act, Schedule 1, paragraph 14(3).back

[11] Section 3 was amended by the 1997 Act, Schedule 1, paragraph 14(4).back

[12] Section 11 was amended by the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 179(2) and by the 1997 Act, Schedule 1, paragraph 14(9); section 12 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), section 131 and by the 1997 Act, Schedule 1, paragraph 14(10).back

[13] Section 17 was modified in its application to certain prisoners by S.I. 1995/911 and was amended by the 1997 Act, Schedule 1, paragraph 14(13).back

[14] 1989 c. 45; subsections (13) to (16) were added by the 1997 Act, section 36.back

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[a] This Statutory Instrument was amended by correction slip.In footnotes 4 and 5 "1775." was inserted after "1997/"back

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