Skip to main content

New Clause 34

Volume 405: debated on Tuesday 20 May 2003

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Life Prisoners Transferred To England And Wales

'(1) The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of a relevant order.

(2) In subsection (1) "transferred life prisoner" means a person—

  • on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and
  • (b) who has been transferred to England and Wales after the commencement of this section in pursuance of—
  • (i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or
  • (ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),
  • there to serve his sentence or sentences or the remainder of his sentence or sentences.

    (3) In subsection (1) "a relevant order" means—

  • (a) in a case where the prisoner's offence or offences appear to the court to be or include an offence for which, if it had been committed in England and Wales, the sentence would have been fixed by law, an order under subsection (2) or (4) of section (Determination of minimum term in relation to mandatory life sentence), and
  • (b) in any other case, an order under subsection (2) or (4) of section 82A of the Sentencing Act.
  • (4) In section 34(1) of the Crime (Sentences) Act 1997 (meaning of "life prisoner" in Chapter 2 of Part 2 of that Act) at the end there is inserted "and includes a transferred life prisoner as defined by section (Life prisoners transferred to England and Wales)(2) of the Criminal Justice Act 2003".'.— [Paul Goggins.]

    Brought up, read the First and Second time, and added to the Bill.