Page:Criminal Law Act 1977.pdf/109

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who has become unlawfully at large from such an institution and has not returned or been returned thereto) substitute—
 * “(b) being detained or liable to be detained in a borstal institution,”.

2.—(1) Section 26 (transfer of prisoner to serve sentence) shall be amended as follows.

(2) In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)—
 * (a) after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and
 * (b) for “in that part of the United Kingdom” substitute “there”.

(3) In subsection (4) (prisoner transferred to any part of the United Kingdom to be treated as if sentenced by a court there), after “any part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”, and for “in that part of the United Kingdom” substitute “there”.

(4) In paragraphs (a) and (b) of subsection (6) (supervision on release otherwise than in place of sentence) after “United Kingdom” insert “or island”.

3.—(1) Section 28 (transfer of prisoner for trial) shall be amended as follows.

(2) In subsection (1) (power of responsible Minister to order transfer from one part of the United Kingdom to another)—
 * (a) after “to another part of the United Kingdom” insert “to any of the Channel Islands or the Isle of Man”; and
 * (b) after “that other part” insert “or that island”.

(3) After subsection (1) insert—
 * “(1A) If it appears to the Secretary of State that a person serving a sentence of imprisonment or detention in any of the Channel Islands or the Isle of Man should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.”.

(4) In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit “subsection (1) of” and after “United Kingdom” insert “or island”.

(5) In subsection (3) (transfer back after trial)—
 * (a) after “subsection (1)”, wherever occurring, insert “or (1A)”;
 * (b) after “Minister” insert “(in the case of a person so transferred to any part of the United Kingdom) or the Secretary of State (in the case of a person so transferred to any of the Channel Islands or the Isle of Man)”; and
 * (c) after “country”, wherever occurring, insert “or island”.