Part 3Other forms of assistance
Forms of assistance
32Transfer of prisoner to give evidence or assist in investigation
1
This section applies where the Secretary of State receives a request from the ICC for the temporary transfer of a prisoner to the ICC for purposes of identification or for obtaining testimony or other assistance.
2
Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.
3
The relevant Minister may issue a warrant (a “transfer warrant”) requiring the prisoner to be delivered up, in accordance with arrangements made by the relevant Minister with the ICC, into the custody of the ICC.
4
A transfer warrant shall not be issued unless the prisoner consents to the transfer, but consent may not be withdrawn after the issue of the warrant.
5
The following provisions of Part 2 of this Act apply in relation to a transfer warrant under this section as they apply in relation to a delivery order under that Part—
section 15 (effect of delivery order), and
section 24 and Schedule 2 (delivery up of persons subject to criminal proceedings, &c.).
6
In this section “prisoner” means—
a
a person serving a sentence in a prison to which the Prison Act 1952 (c. 52) or the Prison Act (Northern Ireland) 1953 (c. 18(N.I.)) applies,
b
a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 (c. 45) applies,
c
a person serving a sentence of detention or imprisonment imposed by a service court,
d
a person detained in custody otherwise than in pursuance of a sentence, including in particular—
i
a person in custody awaiting trial or sentence,
ii
a person committed to prison for contempt or for default in paying a fine,
iii
a person in custody in connection with proceedings to which Part 2 or 3 of Schedule 2 applies (extradition or other delivery proceedings),
iv
a person detained under any provision of the Immigration Act 1971 (c. 77).
7
For the purposes of the Immigration Acts (within the meaning of the Immigration and Asylum Act 1999 (c. 33)) a person detained under any provision of the Immigration Act 1971 is not to be regarded as having left the United Kingdom at any time when a transfer warrant is in force in respect of him (including any time when he is in the custody of the ICC).
8
In this section, “the relevant Minister” means—
a
in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State;
b
in relation to a person detained in Scotland, the Scottish Ministers.