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A transfer warrant shall not be issued unless the prisoner consents to the transfer, but consent may not be withdrawn after the issue of the warrant.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.