Paragraph 4 F1

That Part has effect as if after section 9 there were inserted—

“Persons eligible for removal from the United Kingdom

9A

(1)

For the purposes of this Part, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Scottish Ministers, that the condition in subsection (2) is met.

(2)

The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 9B.

(3)

The person must not be one who is liable to removal from the United Kingdom.

Early removal of certain short-term prisoners from the United Kingdom

9B

(1)

Subject to subsection (2), where a short-term prisoner is liable to, or eligible for, removal from the United Kingdom, the Scottish Ministers may remove the prisoner from prison under this section at any time during the period of F2210 days ending with the day on which the prisoner F3is entitled to be released under this Part.

(2)

Subsection (1) does not apply in relation to a prisoner unless the prisoner has served F415% of the sentence.

(3)

A prisoner removed from prison under this section—

(a)

if liable to removal from the United Kingdom, is so removed only for the purpose of enabling the Secretary of State to remove the prisoner from the United Kingdom under powers conferred by—

(i)

Schedule 2 or 3 to the Immigration Act 1971 (c.77), or

(ii)

section 10 of the Immigration and Asylum Act 1999 (c.33),

(b)

if eligible for removal from the United Kingdom, is so removed only for the purpose of enabling the prisoner to leave the United Kingdom in order to reside permanently outside the United Kingdom, and

(c)

in either case, so long as remaining in the United Kingdom, remains liable to be detained in pursuance of the prisoner's sentence until the prisoner has served F5the proportion of the sentence required under this Part in order for the prisoner to be entitled to be released.

(4)

So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Scottish Ministers under section 1(1), 1AA or 3 is exercisable in relation to the prisoner as if the prisoner were in prison.

(F65)

The Scottish Ministers may by order do either or both of the following—

(a)

amend the number of days for the time being specified in subsection (1),

(b)

amend a period for the time being specified in subsection (2) (which may be done by amending the subsection to describe a period as a particular length of time or a proportion of a prisoner’s sentence).

(6)

A statutory instrument containing an order under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(F77)

This section does not apply in relation to a person to whom section 1AB applies.

Re-entry into United Kingdom of prisoner removed from prison early

9C

(1)

This section applies in relation to a person (referred to in this section as “ the removed person ”) who, after being removed from prison under section 9B, has been removed from the United Kingdom before serving F8the proportion of the sentence required under this Part in order for the prisoner to be entitled to be released.

(2)

Where the removed person re-enters the United Kingdom at any time before the date on which the person would have served the person's sentence in full (but for the person's removal from prison under section 9B), the person is liable to be detained in pursuance of the person's sentence until the earlier of the following—

(a)

the date of the expiry of the outstanding custodial period,

(b)

the date on which the person would have served the person's sentence in full (but for the person's removal from prison under section 9B).

(3)

In the case of a person liable to be detained under subsection (2), the duty to release the person under section 1(1) or 1AA(1) applies only after the expiry of the outstanding custodial period.

(4)

A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken F9... to be unlawfully at large.

(5)

Subsection (2) does not prevent—

(a)

the further removal from prison under section 9B(1) of a person falling within that subsection, or

(b)

the further removal from the United Kingdom of such a person.

(6)

In this section, the “ outstanding custodial period ” means, in relation to a removed person, a period of time equal to the period beginning with the date of removal from the United Kingdom and ending with the date on which the person would, but for the removal, have served F10the proportion of the sentence required under this Part in order for the prisoner to be entitled to be released.”.