Paragraph 10

United Kingdom

(1)

Where a person’s transfer under paragraph 1(1)(a), 2(1)(a) or 3(1)(a) above from Scotland to England and Wales is a restricted transfer—

(a)

sections 65 and 147 of the M1Criminal Procedure (Scotland) Act 1995 (time limits for solemn and summary prosecutions where prisoner remanded in custody) shall apply to him in the 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 he had been remanded for an offence committed in England and Wales.

(2)

Where a person’s transfer under paragraph 1(1)(b), 2(1)(b) or 3(1)(b) from Scotland to England and Wales is a restricted transfer—

(a)

F1sections 1, F21AA, F31AB, 1A, F41B, 3, 3AA, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, F526ZA, 26A and 27 of, and Schedules 2 and 6 to, the M2Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) or, as the case may require, sections 1(4), 2, 3, F66(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 England and Wales; but

(b)

subject to that, to F7sub-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.

C1(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.

F8(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where a transfer under paragraph 4(1) above of a person’s supervision from Scotland to England and Wales is a restricted transfer—

(a)

F9sections F101AA, 1A, F111B, 2(4), 3AA, 3A, 11 to 13, 15 to 21, F1226ZA, 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 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.

(6)

Any reference in—

(a)

sub-paragraphs (2) and (5) 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;

F13(b)

in the said sub-paragraph (2) the reference 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 M3Criminal Procedure (Scotland) Act 1995.

F14(7)

Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.