Transfer of Prisoners (Restricted Transfers) (Channel Islands and
Isle of Man) Order 1998
Jersey Order in
Council 39/1998
THE TRANSFER OF
PRISONERS (RESTRICTED TRANSFERS) (CHANNEL
ISLANDS AND ISLE OF MAN)
ORDER 1998
____________
(Registered
on the 4th day of December 1998)
____________
At the
Court at Buckingham
Palace
____________
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, as enacted, and as it applies in relation to the Isle of Man by
the Transfer of Prisoners (Isle of Man)
Order 1997 and
section 121(2)(a) of the Crime and Disorder Act
1998, 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 –
* * *
“Jersey” means the Bailiwick of Jersey;
“the
Act” means the Crime (Sentences) Act
1997;
“the 1991
Act” means the Criminal Justice Act
1991;
“the 1993
Act” means the Prisoners and Criminal
Proceedings (Scotland) Act 1993;
“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 is hereby revoked.
A.K. GALLOWAY
Clerk of the
Privy Council.
SCHEDULE 1
(Article 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.
2. *
* * * *
3. *
* * * *
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 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 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”.
5. *
* * * *
6. *
* * * *
Restricted
transfers from Scotland
to Jersey
7.-(1) Where a person’s transfer under
paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Scotland to Jersey
is a restricted transfer –
(a) sections 65 and 147 of the Criminal Procedure (Scotland) Act 1995 (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 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 Scotland
to Jersey is a restricted transfer –
(a) sections 1, 1A, 3, 3A, 5, 6(1)(a),
7, 9, 11 to 13, 15, 16 (but not subsections (3) and (4) of that section), 17 to
21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act or, as the case
may require, sections 1(4), 2, 3, 6(1)(b)(i) and
(iii), 11 to 13 and 17 of the 1993 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 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 Jersey
is a restricted transfer –
(a) sections 1A, 3A, 11 to 13, 15, 16
(but not subsections (3) and (4) of that section), 17 to 21, 26A and 27 of, and
Schedules 2 and 6 to, the 1993 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 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 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) in the said sub-paragraph (2)
to section 6(1)(b)(i) of the 1993 Act is a reference
to that provision so far as it relates to a person sentenced under section
205(3) of the Criminal Procedure
(Scotland) Act 1995.
(6) Any provision of Part I of the 1993
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
|
|
Justices
for a petty sessions area
|
Chief
Probation Officer
|
|
Probation officer appointed for or assigned to such petty
sessions area
|
Délégué appointed under Article 7 of
the Loi (1937) sur l’atténuation des peines et sur la mise en
liberté surveillée
|
(7) Section 9 of the 1993 Act, as
applied by sub-paragraph (2) 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) 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) is liable to deportation under the
above section 3(5) as it extends to Jersey under the Immigration (Jersey) Order 1993 and has been notified of a
decision to make a deportation order against him;
(c) is liable to deportation under the
above section 3(6) as it extends to Jersey
under that Order; or
(d) has been notified of a decision to
refuse him leave to enter the United
Kingdom or Jersey.”.
(8) Section 16 of the 1993 Act, as
applied by sub-paragraph (2) or (4) above, shall have effect as if –
(a) in subsection (1)(b), the reference
to England
and Wales
were a reference to Jersey; and
(b) in subsection (2), the reference to
Scotland
were a reference to Scotland
or Jersey.
8. *
* * * *
9. *
* * * *
Restricted
transfers from Northern
Ireland to Jersey
10.-(1) Where a person’s transfer under
paragraph 1(1)(a), 2(1)(a) or 3(1)(a) of the Schedule from Northern Ireland 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 Northern Ireland
to Jersey is a restricted transfer –
(a) sections 13(7), 23 and 24 of the Prison Act (Northern Ireland) 1953, Articles 3, 4 and 6 of the Treatment of Offenders (Northern Ireland) Order 1976 (“the 1976 Order”) and
Articles 26 to 28 (but not paragraphs (2) to (4) of Article 28)
of the Criminal Justice (Northern Ireland)
Order 1996
(“the 1996 Order”) or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 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 Northern Ireland to Jersey is a restricted transfer –
(a) section 23 of the Prison Act (Northern Ireland) 1953, Articles 3, 4 and 6 of the 1976
Order and Articles 26 to 28 (but not paragraphs (2) to (4) of Article 28)
of the 1996 Order or, as the case may require, section 1 of the Northern Ireland (Remission of Sentences) Act 1995 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 the Prison Act (Northern Ireland) 1953 or the 1996 Order 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
|
|
A
prison
|
The
prison
|
|
Complaint
|
Evidence
|
|
Probation officer appointed for or assigned to the petty
sessions district within which the offender resides
|
“Délégué” appointed under Article 7 of
the Loi (1937) sur l’atténuation des peines et sur la mise en
liberté surveillée
|
(6) Articles 3 and 4 of the 1976
Order, as applied by sub-paragraph (2) or (4) above, shall have effect as
if any reference to a young offenders centre (other
than in Article 3(2)) were a reference to a young offender institution.
(7) Article 3 of the 1976 Order,
as applied by sub-paragraph (2) or (4) above, shall have effect as if
–
(a) any reference to a
magistrates’ court or to the magistrate’s court were a reference to
the Magistrate’s Court;
(b) in paragraph (1)(a), the
reference to Northern Ireland
were a reference to Jersey; and
(c) in paragraph (2), the
reference to a young offenders centre included a
reference to a young offender institution.
(8) Article 4 of the 1976 Order,
as applied by sub-paragraph (2) or (4) above, shall have effect as if
–
(a) the reference to a
magistrates’ court were a reference to the Magistrate’s Court; and
(b) the words from “and
where” to the end were omitted.
(9) Article 6 of the 1976 Order,
as applied by sub-paragraph (2) or (4) above, shall have effect as if any
reference to a young offenders centre included a
reference to a young offender institution.
(10) Section 1 of the Northern Ireland (Remission of Sentences) Act 1995, as applied by sub-paragraph (2)
or (4) above, shall have effect as if, in subsection (6), the reference to
section 15 of the Northern Ireland
(Emergency Provisions) Act 1991 were omitted.
(11) Articles 27 and 28 of the 1996 Order, as
applied by sub-paragraph (2) or (4) above, shall have effect as if –
(a) any reference to a court of summary
jurisdiction (apart from in Article 27(2)), or to the court of summary
jurisdiction, were a reference to the Magistrate’s Court; and as if the
reference in Article 27(2) to a court of summary jurisdiction acting for
the petty sessions district in which he resides were a reference to that Court;
(b) any reference to a justice of the
peace, or to the justice, were a reference to the Magistrate; and
(c) any reference to a young offenders centre were a reference to a young offender institution.
11. *
* * * *
12. *
* * * *
13. *
* * * *
14. *
* * * *
15. *
* * * *
16. *
* * * *
Restricted
transfers from Jersey to England and Wales
17.-(1) Where a person’s transfer under
paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey to England
and Wales 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 England and Wales save that
regulations made under section 22 of the Prosecution of Offences Act 1985 (time limits in relation to
preliminary stages of proceedings) shall not apply to that person for those
purposes.
(2) Where a person’s transfer
under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to England
and Wales
is a restricted transfer –
(a) Articles 19 and 27(2) of the
Prison (Jersey) Law 1957 (“the 1957 Law”) (as amended by the Prison
(Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules 1957
(as amended by the Prison (Amendment No. 8) (Jersey) Rules 1981), Article 5
of the Criminal Justice (Jersey) Law 1957, Article 35 of the Court of Appeal (Jersey) Law 1961, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules
1968 and
Article 10 of the Criminal Justice (Young
Offenders) (Jersey) Law 1994 (“the 1994 Law”) (as amended by the Transfer of Functions (Health and Social Services Committee)
(Jersey) Act 1995)
shall apply to him in place of the corresponding provisions of the law of
England and Wales; 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 England and Wales.
(3) A person who has been sentenced to
a sentence of a length which could not have been passed on an offender at 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(2) of the Schedule of a person’s supervision from Jersey
to England
and Wales
is a restricted transfer –
(a) Article 19 of the Prison (Jersey) Law 1957 (as amended by the Prison (Amendment No.
3) (Jersey) Law 1994) and Article 10 of
the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee)
(Jersey) Act 1995)
shall apply to him in place of the corresponding provisions of the law of England
and Wales;
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 England and Wales.
(5) Article 19(4) of the 1957 Law,
as applied by sub-paragraph (2) or (4) above, shall have effect as if the
reference to the prison were a reference to prison.
(6) Article 27(2) of the 1957 Law
(as amended by the Prison (Amendment No. 3) (Jersey)
Law 1994), as applied by sub-paragraph (2) above, shall have effect as if
the reference to the prison included a reference to any prison.
(7) Article 10 of the 1994 Law (as
amended by the Transfer of Functions
(Health and Social Services Committee) (Jersey) Act 1995), as applied by sub-paragraph (2)
or (4) above, shall have effect as if –
(a) in paragraph (1), for the
words “either a probation officer or an officer of the Health and Social
Services Committee” there were substituted the words “a probation
officer”;
(b) in paragraph (5), for the
words “liable to” there were substituted the words “liable on
summary conviction to”; and
(c) in paragraph (6), for the
words “youth detention” there were substituted the words
“detention in a young offender institution”.
Restricted
transfers from Jersey to Scotland
18.-(1) Where a person’s transfer under
paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey to Scotland
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 Scotland save that sections 65 and 147 of
the Criminal Procedure (Scotland) Act
1995 (time
limits for solemn and summary prosecutions where prisoners remanded in custody)
shall not apply to that person for those purposes.
(2) Where a person’s transfer
under paragraph 12(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to Scotland
is a restricted transfer –
(a) Articles 19 and 27(2) of the
Prison (Jersey) Law 1957 (“the 1957 Law”) (as amended by the Prison
(Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules 1957
(as amended by the Prison (Amendment No. 8) (Jersey) Rules 1981), Article 5
of the Criminal Justice (Jersey) Law 1957, Article 35 of the Court of Appeal (Jersey) Law 1961, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules
1968 and
Article 10 of the Criminal Justice (Young
Offenders) (Jersey) Law 1994 (“the 1994 Law”) (as amended by the Transfer of Functions (Health and Social Services Committee)
(Jersey) Act 1995)
shall apply to him in place of the corresponding provisions of the law of
Scotland; 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 Scotland.
(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(2) of the Schedule of a person’s supervision from Jersey
to Scotland
is a restricted transfer –
(a) Article 19 of the 1957 Law (as
amended by the Prison (Amendment No. 3) (Jersey)
Law 1994) and Article 10 of the 1994 Law (as amended by the Transfer of Functions) (Health and Social Services Committee)
(Jersey) Act 1995)
shall apply to him in place of the corresponding provisions of the law of Scotland;
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 Scotland.
(5) Article 19(4) of the 1957 Law,
as applied by sub-paragraph (2) or (4) above, shall have effect as if the
reference to the prison were a reference to prison.
(6) Article 27(2) of the 1957 Law
(as amended by the Prison (Amendment No. 3) (Jersey)
Law 1994), as applied by sub-paragraph (2) above, shall have effect as if
the reference to the prison included a reference to any prison.
(7) Article 10 of the 1994 Law (as
amended by the Transfer of Functions
(Health and Social Services Committee) (Jersey) Act 1995) as applied by sub-paragraph (2)
or (4) above, shall have effect as if –
(a) in paragraph (1), for the
words “either a probation officer or an officer of the Health and Social
Services Committee” there were substituted the words “a relevant
officer within the meaning given by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993”;
(b) in paragraph (5), for the
words “liable to” there were substituted the words “liable on
summary conviction to”; and
(c) in paragraph (6), for the words
“youth detention” there were substituted the words “detention
in a young offenders institution”.
Restricted
transfers from Jersey to Northern Ireland
19.-(1) Where a person’s transfer under
paragraph 1(2)(a), 2(2)(a) or 3(2)(a) of the Schedule from Jersey to Northern
Ireland 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 Northern Ireland.
(2) Where a person’s transfer
under paragraph 1(2)(b), 2(2)(b) or 3(2)(b) of the Schedule from Jersey to Northern
Ireland is a restricted transfer –
(a) Articles 19 and 27(2) of the
Prison (Jersey) Law 1957 (“the 1957 Law”) (as amended by the Prison
(Amendment No. 3) (Jersey) Law 1994), Rule 26 of the Prison (Jersey) Rules 1957
(as amended by the Prison (Amendment No. 8) (Jersey) Rules 1981), Article 5
of the Criminal Justice (Jersey) Law 1957, Article 35 of the Court of Appeal (Jersey) Law 1961, the Criminal Proceedings (Computation of Sentences) (Jersey) Rules
1968 and
Article 10 of the Criminal Justice (Young
Offenders) (Jersey) Law 1994 (“the 1994 Law”) (as amended by the Transfer of Functions (Health and Social Services Committee)
(Jersey) Act 1995)
shall apply to him in place of the corresponding provisions of the law of
Northern Ireland;
(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 Northern Ireland.
(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(2) of the Schedule of a person’s supervision from Jersey
to Northern Ireland
is a restricted transfer –
(a) Article 19 of the 1957 Law (as
amended by the Prison (Amendment No. 3) (Jersey)
Law 1994) and Article 10 of the 1994 Law (as amended by the Transfer of Functions (Health and Social Services Committee)
(Jersey) Act 1995)
shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
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 Northern Ireland.
(5) Article 19(4) of the 1957 Law,
as applied by sub-paragraph (2) or (4) above, shall have effect as if the
reference to the prison were a reference to prison.
(6) Article 27(2) of the 1957 Law
(as amended by the Prison (Amendment No. 3) (Jersey)
Law 1994), as applied by sub-paragraph (2) above, shall have effect as if
the reference to the prison included a reference to any prison.
(7) Article 10 of the 1994 Law (as
amended by the Transfer of Functions
(Health and Social Services Committee) (Jersey) Act 1995) as applied by sub-paragraph (2)
or (4) above, shall have effect as if –
(a) in paragraph (1), for the
words “either a probation officer or an officer of the Health and Social
Services Committee” there were substituted the words “a probation officer”;
(b) in paragraph (5), for the
words “liable to” there were substituted the words “liable on
summary conviction to”; and
(c) in paragraph (6), for the
words “youth detention” there were substituted the words
“detention in a young offenders centre”.
SCHEDULE 2
(Article 3)
TRANSITIONAL
PROVISIONS
1. In
this Schedule, “life prisoner” has the same meaning as in Chapter
II of Part II of the Act.
Restricted
transfers from England
and Wales
– general
2.-(1) In relation to any time before the
commencement of sections 75 to 77 of the 1998 Act –
(a) paragraphs 2(2), 3(2) and 4(2) of
Schedule 1 to this Order shall have effect as if the words “and
sections 75 to 77 of the 1998 Act” were omitted; and
(b) paragraphs 2(4), 3(4) and 4(4) of
Schedule 1 to this Order shall have effect as if the words “and
sections 76 and 77 of the 1998 Act” were omitted.”.
3. *
* * * *
4. *
* * * *
Restricted
transfers from England
and Wales
to Jersey
5. In
relation to any time before the commencement of Chapter II of Part II of the
Act, paragraph 4 of Schedule 1 to this Order shall have effect as if
–
(a) references in sub-paragraph (2)
to provisions of that Chapter were references to sections 34 to 37, 39, 43 and
46 of the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act so
far as relating to life prisoners;
(b) references in sub-paragraph (4)
to provisions of that Chapter were references to sections 37, 39, 43 and 46 of
the 1991 Act and paragraphs 8 and 9 of Schedule 12 to that Act, so far as
so relating; and
(c) the reference in sub-paragraph (6)
to any provision of Part II of the Act were omitted.
6. *
* * * *
7. *
* * * *
Restricted
transfers from Scotland
to Jersey
8.-(1) In relation to any prisoner to whom the
existing provisions apply, paragraph 7 of Schedule 1 to this Order shall
have effect as if –
(a) references in sub-paragraph (2)
to sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15, 16 (but not
subsections (3) and (4) of that section), 17 to 21, 26A and 27 of, and
Schedules 2 and 6 to, the 1993 Act were references to Schedule 6 to
the 1993 Act and to the following existing provisions, namely, sections 18,
19(4), 22, 24, 26, 28 to 30, 32 and 43 of, and Schedule 1 to, the Prisons (Scotland) Act 1989 (“the 1989 Act”) and any rules made under section 18
or 39 of that Act;
(b) references in sub-paragraph (4)
to sections 1A, 3A, 11 to 13, 15, 16 (but not subsections (3) and (4) of that
section), 17 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act
were references to the said Schedule 6 and to the following existing
provisions, namely, sections 30, 32 and 43 of the Prisons (Scotland) Act 1989 (“the 1989 Act”); and
(c) the reference in sub-paragraph (6)
to any provision of Part I of the 1993 Act were a reference to any provision of
the said Schedule 6 or the 1989 Act.
(2) In sub-paragraph (1) above
–
(a) the reference to section 19(4) of
the 1989 Act is a reference to that provision so far as it applies section 24
of that Act in relation to persons detained in young offenders institutions;
and
(b) any reference to the existing
provisions is a reference to the existing provisions within the meaning of
Schedule 6 to the 1993 Act.