Section 48 Life prisoners transferred to England and Wales.I1F1
England and Wales
This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—
he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and
the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,
the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
In a case to which this section applies, this Part except section 35(2) above shall apply as if—
the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and
the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.
In this section “transferred life prisoner” means a person—
on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and
who has been transferred to England and Wales, in pursuance of—
a warrant issued by the Secretary of State under the M3Repatriation of Prisoners Act 1984,
there to serve his sentence or sentences or the remainder of his sentence or sentences.
A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
Annotations
Textual amendments
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S. 48 repealed (1.10.1997) by 1997 c. 43, s. 56(2), 57 (2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(g)(by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 6 the entries relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Marginal citations
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Commencement
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Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Notes on Part II
Textual amendments
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Pt. 2 (ss. 32-51) repealed (4.4.2005) by The Criminal Justice Act 2003 (c. 44), ss. 303(a), 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(k) (subject to art. 2(1), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) and subject to amendments:
(15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 33; S.I. 2006/3364, art. 2(d)(e);
(1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(2)(3);
(7.4.2008) by The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (S.I. 2008/977), art. 2;
(9.6.2008 for certain purposes and 31.10.2009 otherwise) by Criminal Justice and immigration Act 2008 (c. 4), ss. 26(2)-(6), 153; S.I. 2008/1466, art. 2(a) (subject to art. 3); S.I. 2009/2606, art. 3(b);
(9.6.2008) by 1984 c. 49, Sch. para. 2(2A) (as inserted by Criminal Justice and immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 paras. 19(4)(b); S.I. 2008/1466, art. 2 (subject to art. 4));
(9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 29(2)(5); S.I. 2008/1466, art. 2(c)
(14.7.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 28(2)(3)(a)(b)(4)(5), 32(1), 149, 153, Sch. 28 Pt. 2 (with Sch. 27 para. 10); S.I. 2008/1586, art. 2(1), Sch. 1;
(3.11.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 33(5)(6), 148, 149, 153, Sch. 26 para. 29(3)(4), Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. (subject to arts. 3, 4);
(2.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 145(2)(3), 178, 182, Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 43); S.I. 2010/1858, art. 2(e)(i);
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Pt. 2: transitional provisions for the repeal by 2003 c. 44, s. 303(a) and specified transitional and savings provisions in S.I. 2005/950, Sch. 2 revoked (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(3), 151(1), Sch. 14 para. 17; S.I. 2012/2906, art. 2(d)(l)