15 & 16 Geo. 6
& 1 Eliz. 2
(4) Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say—
- (a) any person serving a sentence of preventive detention;
- (b) any person serving a sentence on conviction of sedition, seditious conspiracy or seditious libel;
- (c) any appellant within the meaning of the Criminal Appeal Act, 1907, pending the determination of his appeal;
- (d) any other person detained in a prison, not being a person serving a sentence or a person imprisoned in default of payment of a sum adjudged to be paid by him on his conviction.
(5) Rules made under this section may provide for the temporary release of persons serving a sentence of imprisonment, corrective training, preventive detention or Borstal training.
Miscellaneous
Removal of prisoners, etc. to and from Scotland and from the Isle of Man or Channel Islands. 48.—(1) The Secretary of State may, on the application of a person serving a sentence of imprisonment, corrective training, preventive detention or Borstal training, order his removal to a prison or Borstal institution in Scotland; and any person so removed may be detained, released, recalled and otherwise dealt with as if he had been sentenced by a court in Scotland.
(2) Any person sentenced, under the law for the time being in force, by any court in the Isle of Man or the Channel Islands to penal servitude, imprisonment, corrective training, preventive detention, detention in a Borstal institution, Borstal training or detention in a detention centre may, if the Secretary of State so orders, be removed to a prison, Borstal institution or detention centre, as the case may be, in England.
(3) Any person ordered to be removed under the last preceding subsection, and any person sentenced by a court in Scotland who, under any enactment extending to Scotland, is ordered to be removed to a prison or Borstal institution in England, may be detained, released, recalled and otherwise dealt with as if his sentence had been passed by a court in England and as if his sentence were one which could be imposed by such a court:
Provided that—
- (a) where a person so removed was undergoing or liable to undergo a term of penal servitude, he shall be treated as if that term were a term of imprisonment;
- (b) where a person so removed was sentenced to detention in a Borstal institution he shall be treated as if he had been sentenced to Borstal training.
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