Statutory Instrument 1998 No. 2798

The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 2798

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 1998

	Made	17th November 1998
	Laid before Parliament	27th November 1998
	Coming into force	18th December 1998

At the Court at Buckingham Palace, the 17th day of November 1998
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] and section 121(12)(a) of the Crime and Disorder Act 1998[3], 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 1998 and shall come into force on 18th December 1998.

    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 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;

"the 1991 Act" means the Criminal Justice Act 1991[4];

"the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993[5];

"the 1998 Act" means the Crime and Disorder Act 1998.

    5.The Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1997[6] is hereby revoked.


A. K. Galloway
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, subject 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 33 to 40, 41 to 46 and 65 (but not subsections (1A) or (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act[7] and sections 75 to 77 of the 1998 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 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 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 37 to 40, 42 to 46 and 65 (but not subsections (1A) or (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the 1998 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) Any provision of Part II of the 1991 Act or of Part II of the 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


TABLE

Expression	Substituted Expression
Crown Court	Royal Court
Level 3 on the standard scale	Level 3 on the uniform scale provided by the Scale of Uniform Fines (Bailiwick of Guernsey) Law, 1989
Summary conviction	Conviction in the Magistrate's Court.

    (6) Section 34A(2)(e) of the 1991 Act, as applied by paragraph (2) above, shall have effect as if the reference to removal from the United Kingdom were a reference to removal from Guernsey.

    (7) Section 37(4A) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if for the words from "supervision by" to the end there were substituted the words "supervision by a probation officer".

    (8) Section 38 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to the magistrates' court were a reference to the Magistrate's Court.

    (9) Section 40 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if - 

(a) any reference to a magistrates' court or to the magistrates' court were a reference to the Magistrate's Court; and

(b) in subsection (3)(b), the words "subject to section 25 of the Criminal Justice and Public Order Act 1994[8]," were omitted.

    (10) Section 41 of the 1991 Act, as applied by sub-paragraph (2) above, shall have effect as if section 67 of the Criminal Justice Act 1967[9] or, as the case may be, section 9 of the Act extended to Guernsey.

    (11) Section 42 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules (being rules made under section 47 of the Prison Act 1952[10]) were a reference to the provisions of an 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.

    (12) Section 46 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if - 

(a) any reference to removal from the United Kingdom were a reference to removal from Guernsey; and

(b) for paragraphs (a) to (d) of subsection (3) there were substituted - 


" (a) he is liable to deportation under section 3(5) or (6) of the Immigration Act 1971[11] as that section has effect in the United Kingdom and has been notified of a decision to make a deportation order against him;

(b) he is liable to deportation under the above section 3(5) as it extends to Guernsey under the Immigration (Guernsey) Order 1993[12] and has been notified of a decision to make a deportation order against him;

(c) he is liable to deportation under the above section 3(6) as it extends to Guernsey under that Order; or

(d) he has been notified of a decision to refuse him leave to enter the United Kingdom or Guernsey.".

    (13) Section 65 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if - 

(a) in subsection (1), for the words from "supervision of" to the end there were substituted the words "supervision of a probation officer"; and

(b) in subsection (7), for the words "detention in a young offender institution" there shall be substituted the words "youth detention".

    (14) Paragraph 10 of Schedule 12 to the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules were a reference to an Ordinance.

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)[13] of the Schedule from England and Wales to the Isle of Man is a restricted transfer, subject 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 33 to 37, 39, 41 to 46 and 65 (but not subsections (1A) and (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the 1998 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 his 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)[14] of the Schedule of a person's supervision from England and Wales to the Isle of Man is a restricted transfer - 

(a) sections 37, 39, 42 to 46 and 65 (but not subsections (1A) and (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the 1998 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) Any provision of Part II of the 1991 Act or of Part II of the 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.


TABLE

Expression	Substituted Expression
Magistrates' court	Court of summary jurisdiction
Crown Court	Court of General Gaol Delivery

    (6) Section 34A(2)(e) of the 1991 Act, as applied by sub-paragraph (2) above, shall have effect as if the reference to removal from the United Kingdom were a reference to removal from the Isle of Man.

    (7) Section 37(4A) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if for the words from "supervision by" to the end there were substituted the words "supervision by a probation officer".

    (8) Section 41 of the 1991 Act, as applied by sub-paragraph (2) above, shall have effect as if section 67 of the Criminal Justice Act 1967 or, as the case may be, section 9 of the Act extended to the Isle of Man.

    (9) Section 42 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules (being rules made under section 47 of the Prison Act 1952) were a reference to custody rules.

    (10) Section 43(5) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to a social worker of a local authority social services department were a reference to an officer of the Department of Health and Social Security.

    (11) Section 46 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if - 

(a) any reference to removal from the United Kingdom were a reference to removal from the Isle of Man; and

(b) for paragraphs (a) to (d) of subsection (3) there were substituted - 


" (a) he is liable to deportation under section 3(5) or (6) of the Immigration Act 1971 as that section has effect in the United Kingdom and has been notified of a decision to make a deportation order against him;

(b) he is liable to deportation under the above section 3(5) as it extends to the Isle of Man under the Immigration (Isle of Man) Order 1991[15] and has been notified of a decision to make a deportation order against him;

(c) he is liable to deportation under the above section 3(6) as it extends to the Isle of Man under that Order; or

(d) he has been notified of a decision to refuse him leave to enter the United Kingdom or the Isle of Man.".

    (12) Section 65 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if - 

(a) in subsection (1), for the words from "supervision of" to the end there were substituted the words "supervision of a probation officer or an officer of the Department of Health and Social Security";

(b) in subsection (7)(a), the reference to imprisonment were a reference to custody; and

(c) in subsection (7)(b), the reference to a young offender institution were a reference to an institution within the meaning of the Custody Act 1995 (an Act of Tynwald).

    (13) Paragraph 10 of Schedule 12 to the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules were a reference to custody rules.

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, subject 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 33 to 39, 40 (but not subsections (3), (3A) and (3B) of that section), 41 to 46 and 65 (but not subsections (1A) and (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the 1998 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 his 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 37 to 39, 40 (but not subsections (3), (3A) and (3B) of that section), 42 to 46 and 65 (but not subsections (1A) and (1B) of that section) of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the 1998 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) Any provision of Part II of the 1991 Act or of Part II of the 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.


TABLE

Expression	Substituted Expression
Standard scale	Standard scale in accordance with the Criminal Justice (Standard Scale of Fines) (Jersey) Order 1993
Summary conviction	Conviction

    (6) Section 34A(2)(e) of the 1991 Act, as applied by sub-paragraph (2) above, shall have effect as if the reference to removal from the United Kingdom were a reference to removal from Jersey.

    (7) Section 37(4A) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if for the words from "supervision by" to the end there were substituted the words "supervision by a "délégué" appointed under Article 7 of the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée".

    (8) Section 38 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to the magistrates' court were a reference to the Magistrate's Court.

    (9) Section 41 of the 1991 Act, as applied by sub-paragraph (2) above, shall have effect as if section 67 of the Criminal Justice Act 1967 or, as the case may be, section 9 of the Act extended to Jersey.

    (10) Section 42 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to prison rules (being rules made under the Prison Act 1952) were a reference to 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.

    (11) Section 46 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if - 

(a) any reference to removal from the United Kingdom were a reference to removal from Jersey; and

(b) for paragraphs (a) to (d) of subsection (3) there were substituted - 


" (a) he is liable to deportation under section 3(5) or (6) of the Immigration Act 1971[16] as that section has effect in the United Kingdom and has been notified of a decision to make a deportation order against him;

(b) he is liable to deportation under the above section 3(5) as it extends to Jersey under the Immigration (Jersey) Order 1993[17] and has been notified of a decision to make a deportation order against him;

(c) he is liable to deportation under the above section 3(6) as it extends to Jersey under that Order; or

(d) he has been notified of a decision to refuse him leave to enter the United Kingdom or Jersey.".

    (12) Section 65 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if, in subsection (1), for the words from "supervision of" to the end there were substituted the words "supervision of a "délégué" appointed under Article 7 of the Loi (1937) sur l'atténuation des peines et sur la mise en liberté surveillée".

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Notes:

[1] 1997 c.43.back

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

[3] 1998 c.37.back

[4] 1991 c.53.back

[5] 1993 c.9.back

[6] S.I. 1997/1776.back

[7] Section 33 was amended by the 1998 Act, section 104(1) and Schedule 8, paragraph 80, subject to transitional provisions in the 1998 Act, Schedule 9, paragraphs 12(3) and 13.
Section 33A was inserted by the 1998 Act, Schedule 8, paragraph 81, subject to transitional provisions in the 1998 Act, Schedule 9, paragraph 12(4) and in S.I. 1998/2327 (C.53).
Section 34 was repealed by Schedule 6 to the Act.
Section 34A was inserted (prospectively) by the 1998 Act, section 99, subject to a transitional provision in the 1998 Act, Schedule 9, paragraph 12(5).
Section 35 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200.
Section 36 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; and was amended by the 1998 Act, Schedule 8, paragraph 82.
Section 37 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; it was amended (in part prospectively) by the 1998 Act, section 104(2) and Schedule 8, paragraph 83, subject to transitional provisions in the 1998 Act, Schedule 9, paragraph 12(2)(b) and 13 and in S.I. 1998/2327 (C.53).
Section 37A was inserted (prospectively) by the 1998 Act, section 100(1).
Section 38 was repealed (prospectively) by the 1998 Act, section 103(2) and Schedule 10, subject to transitional provisions in the 1998 Act, Schedule 9, paragraphs 12(2)(a) and (c).
Section 38A was inserted (prospectively) by the 1998 Act, section 100(2).
Section 39 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; it was amended by the 1998 Act, section 103(3) (prospectively) and Schedule 8, paragraph 84, subject to a transitional provision in the 1998 Act, Schedule 9, paragraph 12(2)(a).
Section 40 was amended by the Criminal Justice and Public Order Act 1994 (c.33), Schedule 9, paragraph 47, and Schedule 10, paragraph 67; and by the 1998 Act, Schedule 7, paragraph 43, and Schedule 8, paragraph 85.
Section 41 was amended (prospectively) by the 1998 Act, Schedule 8, paragraph 86.
Section 43 was repealed by Schedule 6 to the Act subject to a saving for determinate sentence prisoners in S.I. 1997/2200; and was amended by the 1998 Act, Schedule 8, paragraph 87.
Section 44 was substituted by the 1998 Act, section 59, subject to transitional provisions in the 1998 Act, Schedule 9, paragraph 12(7) and in S.I. 1998/2327 (C.53).
Section 44A was inserted by the 1998 Act, section 60.
Section 45 was amended (in part, prospectively) by the 1998 Act, Schedule 8, paragraph 88, subject to transitional provisions in the 1998 Act, Schedule 9, paragraphs 12(2)(b) and (c) and (8), and in S.I. 1998/2327 (C.53).
Section 46 was amended by the 1998 Act, Schedule 8, paragraph 89.
Section 65 was amended (in part, prospectively) by the 1998 Act, Schedule 8, paragraph 94.back

[8] c.33; section 25 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 93(2).back

[9] 1967 c.80; section 67 was amended by the Criminal Justice Act 1972 (c.71), Schedule 5; by the Powers of Criminal Courts Act 1973 (c.62), section 56(1) and Schedule 5, paragraph 22; by the Criminal Justice Act 1982 (c.48), section 10 and Schedule 14, paragraph 22; by the Police and Criminal Evidence Act 1984 (c.60), section 49; by the Criminal Justice Act 1988 (c.33), section 130 and Schedule 15, paragraphs 17 and 19; by the Children Act 1989 (c.41), Schedule 13, paragraph 16; by the Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4), Schedule 8, paragraph 2; by the 1991 Act, Schedule 11, paragraph 2; and by the 1998 Act, Schedule 8, paragraph 10 (in part, prospectively).back

[10] 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; and by the Criminal Justice and Public Order Act 1994 (c.33), section 6; there are other amendments of section 47 which are not relevant to this Schedule.back

[11] 1971 c.77; section 3(5) and (6) was amended by the British Nationality Act 1981 (c.61), Schedule 4, paragraph 2; and section 3(5) was amended by the Asylum and Immigration Act 1996 (c.49), Schedule 2 paragraph 1(2), which amendment was extended to Guernsey by S.I. 1998/1264.back

[12] S.I. 1993/1796.back

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

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

[15] S.I. 1991/2630.back

[16] The amendment of section 3(5) made by the Asylum and Immigration Act 1996 (c.49), Schedule 2, paragraph 1(2), was extended to Jersey by S.I. 1998/1070.back

[17] S.I. 1993/1797.back

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