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COLONIAL PRISONERS REMOVAL ACT 1884

COLONIAL PRISONERS REMOVAL ACT 1884 - LONG TITLE

An Act to make further provision respecting the removal of Prisoners
and Criminal Lunatics from Her Majesty's possessions out of the
United Kingdom.
[28th July 1884]
Preamble rep. by SLR 1898

Short title.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 1

1. This Act may be cited as the Colonial Prisoners Removal Act,
1884.

Removal of prisoners from British possessions in certain cases.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 2

2. Where as regards a prisoner undergoing sentence of imprisonment
in any British possession for any offence it appears to the
removing authority herein-after mentioned either

(a)that it is likely that the life of the prisoner will be
endangered or his health permanently injured by further imprisonment
in such British possession; or

(b)that the prisoner belonged, at the time of committing the said
offence, to the Royal Navy or to Her Majesty's regular military
forces; or

(c)that the offence was committed wholly or partly beyond the limits
of the said British possession; or

(d)that by reason of there being no prison in the said British
possession in which the prisoner can properly undergo his sentence
or otherwise the removal of the prisoner is expedient for his safer
custody or for more efficiently carrying his sentence into effect;
or

(e)that the prisoner belongs to a class of persons who under the
law of the said British possession are subject to removal under
this Act;

Return of removed prisoner.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 3

3.(1) Where a prisoner has been removed in pursuance of this Act,
a Secretary of State..., may order the prisoner, for the purpose of
undergoing the residue of his sentence, to be returned to the
British possession from which he was removed.

(2) If a Secretary of State..., requires the prisoner to be
returned for discharge to the British possession from which he was
removed, the prisoner shall, in accordance with the regulations under
this Act, be returned to the said British possession for the
purpose of being there discharged at the expiration of his sentence.
In any other case a prisoner when discharged at the expiration of
his sentence shall be entitled to be sent free of cost to the
British possession from which he was removed;

Provided that where a prisoner at the date of his sentence belonged
to the Royal Navy or to Her Majesty's regular military forces,
nothing in this section shall require such prisoner to be returned
to the British possession from which he was removed, or entitle him
to be sent there free of cost.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 4
Regulations as to removal.

4.(1) It shall be lawful for Her Majesty in Council from time to
time to make, and when made, revoke and vary regulations as to the
removal, return, and discharge of prisoners under this Act.

(2) The regulations may provide for varying the conditions of a
sentence of imprisonment passed in a British possession, where they
differ from the conditions of a sentence of imprisonment in the
part of Her Majesty's dominions to which the prisoner is removed,
with a view to bringing them into conformity with the latter
conditions, but the prisoner shall not by reason of such variation
undergo an imprisonment of any longer duration; and where the latter
conditions appear to a Secretary of State to be more severe than
the former conditions, the Secretary of State may remit a portion
of the imprisonment, so that the punishment undergone by the
prisoner shall not in the opinion of the Secretary of State be
more severe than the punishment to which the prisoner was originally
sentenced, and the sentence of imprisonment shall, so long as the
prisoner remains in the part of Her Majesty's dominions to which he
is removed, be carried into effect as if the conditions thereof as
so varied were the conditions of the original sentence.

(3) The regulations may also provide for the forms to be used
under this Act and generally for the execution of this Act.

(4) All regulations made under this section shall be duly observed
by all persons, and shall be laid before both Houses of Parliament
as soon as may be after they are made.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 5
Removing authority.

5. The removing authority for the purposes of this Act shall be a
Secretary of State acting with the concurrence of the Government of
every British possession concerned.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 6
Evidence of act of government of British possession or Secretary of
State.

6.(1) The concurrence of the Government of a British possession, and
any requisition by the Government of a British possession, may be
given or made by the Governor in Council or such other authority
as may be from time to time provided by the law of that
possession, but shall be signified by writing under the hand of the
Governor or of the Colonial Secretary or of any other officer
appointed in this behalf by the law of that possession.

(2) Any writing purporting to give such concurrence or make such
requisition, and to be signed by the Governor or Colonial Secretary
or other officer for the time being, shall be conclusive evidence
that the concurrence of or requisition by the Government of the
British possession has been duly given or made according to law;
and any writing purporting to be under the hand of a Secretary of
State, and to order the removal of a prisoner from a British
possession, shall be conclusive evidence that such order has been
duly given by the Secretary of State, and every such writing as
above in this section mentioned shall be admissible in evidence in
any court in Her Majesty's dominions without further proof.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 7
Warrant for removal of prisoner.

7.(1) Where the removal of a prisoner from a British possession is
ordered in pursuance of this Act, a Secretary of State or the
Governor of the British possession may by warrant under his hand
direct the prisoner to be removed to the part of Her Majesty's
dominions mentioned in the said order, and for that purpose to be
delivered into the custody of the persons named or described in the
warrant or some one or more of them, and to be held in custody
and conveyed by sea or otherwise to the said part of Her Majesty's
dominions, there to undergo his sentence, or the residue thereof,
until returned in pursuance of this Act or discharged, and such
warrant shall be forthwith executed according to the tenor thereof.

(2) Where a prisoner is to be returned to a British possession, a
Secretary of State... shall issue a like warrant, which shall be
duly executed according to the tenor thereof.

(3) Every warrant purporting to be issued in pursuance of this Act,
and to be under the hand of a Secretary of State or Governor of
a British possession, shall be received in evidence in every court
of justice in Her Majesty's dominions without further proof, and
shall be evidence of the facts therein stated, and all acts done
in pursuance of such warrant shall be deemed to have been
authorised by law.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 8
Dealing with removed prisoner.

8.(1) Every prisoner removed in pursuance of this Act shall, until
he is returned in pursuance of this Act, be dealt with in the
part of Her Majesty's dominions to which he is removed, in like
manner as if his sentence (with such variation, if any, of the
conditions thereof as may have been duly made in pursuance of
regulations under this Act) had been duly awarded in that part, and
shall be subject accordingly to all laws and regulations in force
in that part, with the following qualifications that his conviction
judgment and sentence may be questioned in the part of Her
Majesty's dominions from which he has been removed in the same
manner as if he had not been removed, and that his sentence may
be remitted and his discharge ordered in the same manner and by
the same authority as if he had not been removed.

(2) The officer in charge of any prison, on request by any person
having the custody of a prisoner under a warrant issued in
pursuance of this Act, and on payment or tender of a reasonable
amount for expenses, shall receive such prisoner and detain him for
such reasonable time as may be requested by the said person for
the purpose of the proper execution of the warrant.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 9
Escape of prisoner from custody.

9.(1) If a prisoner while in custody in pursuance of this Act, or
under a warrant issued in pursuance of this Act escapes, by breach
of prison or otherwise, out of custody, he may be retaken in the
same manner as a person convicted of a crime against the law of
the place to which he escapes may be retaken upon an escape.

(2) A person guilty of the offence of so escaping or of attempting
so to escape, or of aiding or attempting to aid any such prisoner
so to escape, may be tried in any of the following parts of Her
Majesty's dominions, namely, the part to which and the part from
which the prisoner is being removed or returned, and the part in
which the prisoner escapes, and the part in which the offender is
found, and such offence shall be deemed to be an offence against
the law of the part of Her Majesty's dominions in which he may be
so tried, and for all purposes of and incidental to the
apprehension, trial, and punishment of the person accused of such
offence, and of and incidental to any proceedings and matters
preliminary, incidental to or consequential thereon, and of and
incidental to the jurisdiction of any court constable or officer
with reference to such offence, and to the person accused thereof,
such offence shall be deemed to have been committed in the said
part, and such person may be punished in accordance with the Courts
(Colonial) Jurisdiction Act, 1874.

Application of Act to removal of criminal lunatics.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 10

10.(1) The provisions of this Act shall apply to a person in
custody as a criminal lunatic in like manner, so far as consistent
with the tenor thereof, as they apply to a prisoner undergoing
sentence of imprisonment; and separate regulations may be made by
Her Majesty in Council under this Act in relation to criminal
lunatics and (subject to those regulations) all laws and regulations
in force in the part of Her Majesty's dominions in which a
criminal lunatic removed or returned is for the time being in
custody under a warrant issued in pursuance of this Act, shall
apply to such criminal lunatic as if he had become a criminal
lunatic in that part.

(2) Where a person, who is a criminal lunatic by reason of being
unfit to be tried for an offence, is removed in pursuance of this
Act, and a Secretary of State or the Government of the British
possession to or from which such person was removed considers that
such person has become sufficiently sane to be tried for the said
offence, and requires him to be returned for trial to the British
possession from which he was removed, he shall, in accordance with
the regulations under this Act be returned as a prisoner to the
said British possession for the purpose of being there tried for
the said offence, and shall be removed thither in custody in like
manner as if he had been arrested under a warrant on a charge for
the said offence.

Cost of removal.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 11

11.(1) The cost of the removal of any prisoner or criminal lunatic
under this Act and of his maintenance while in confinement, and of
his return, and of his being sent after discharge to any place,
shall be paid in such manner as may be arranged between the
Governments of the British possessions concerned and the Secretary of
State, subject, as regards any cost to be paid out of moneys
provided by Parliament, to the consent of the Treasury.

(2) Nothing in this Act shall affect any power to recover the
expenses of removing or returning any prisoner or criminal lunatic
from the property of such prisoner or criminal lunatic or otherwise.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 12
Power of legislature of British possession to pass laws for carrying
Act into effect.

12. If the legislature of a British possession pass any law

(a)for determining the authority by whom and the manner in which
any jurisdiction, power, or concurrence under this Act is to be
exercised or given; or

(b)for payment of the costs incurred in the removal, maintenance,
return, or sending back after discharge of a prisoner or criminal
lunatic; or

(c)for dealing in such possession with prisoners or criminal lunatics
removed thereto in pursuance of this Act; or

(d)for making any class of prisoners subject to removal under this
Act; or

(e)otherwise in any manner for the carrying of this Act or any
part thereof into effect as regards the said possession,

Power as to making and revocation of Orders in Council.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 13

13.(1) It shall be lawful for Her Majesty in Council from time to
time to make Orders for the purposes of this Act, and to revoke
and vary any Order so made, and every Order so made shall while
it is in force have the same effect as if it were enacted in
this Act.

(2) An Order in Council made for the purposes of this Act shall
be laid before Parliament as soon as may be after it is made if
Parliament is then in session, or, if not, as soon as may be
after the commencement of the then next session of Parliament.

S.14A rep. by SL(R) 1976. S.14B rep. by 1947 c.3 s.5 sch.2 Pt.I

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 15
Application of Act to place under foreign jurisdiction Acts.

15. It shall be lawful for Her Majesty in Council from time to
time to direct that this Act shall apply, as if, subject to the
conditions, exceptions, and qualifications (if any) contained in the
Order, any place out of Her Majesty's dominions in which Her
Majesty has jurisdiction, and which is named in the Order, were a
British possession and part of Her Majesty's dominions, and to
provide for carrying into effect such application.

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 16
Savings.

16.Subs.(1) rep. by 1955 c.20 s.5(2) sch.4

(2) This Act shall not affect any agreement made either before or
after the passing of this Act under the Colonial Prisoners Removal
Act, 1869....

S.17 rep. by SL(R) 1976

COLONIAL PRISONERS REMOVAL ACT 1884 - SECT 18
Definitions.

18. In this Act, unless the context otherwise requires..., the
following expressions have the following meanings; that is to say,

The expression "British possession" does not include any place within
the United Kingdom, the Isle of Man, or the Channel Islands, but
includes all other territories and places being part of Her
Majesty's dominions, and all territories and places within Her
Majesty's dominions... and are under one legislature shall be deemed
to be one British possession,....

Definition omitted by SRO 1937/230 (Rev. vol.X. p.545)

The expression "legislature" where there are local legislatures, as
well as a central legislature, means the central legislature
only,....

Definition rep. by SLR 1898

The expression "Governor" means any person or persons administering
the government of a British possession,....

The expression "Colonial Secretary" includes a person performing the
like duties as a Colonial Secretary, whether known as Government
Secretary, Chief Secretary to the Government, or by any other title.

The expression "prison" includes any place for the confinement or
detention of prisoners whether convicted or unconvicted.

The expression "sentence of imprisonment" means any sentence involving
confinement in a prison, whether combined or not with labour, and
whether known as penal servitude, imprisonment with hard labour,
rigorous imprisonment, imprisonment, or otherwise, and includes a
sentence awarded by way of commutation as well as an original
sentence passed by the court.

The expression "criminal lunatic" means a person detained in custody
by reason of his having been charged with an offence, and either
found to have been insane at the time of such offence, or found
or certified or otherwise lawfully proved to be unfit on the ground
of his insanity to be tried for the same, and includes a person
convicted of an offence and afterwards certified or otherwise
lawfully proved to be insane.