Part 4 Enforcement of sentences and orders
Sentences of imprisonment
44 Transfer to another part of the United Kingdom: transfer of ICC sentence
(1)
The relevant Minister may make an order for the transfer of the prisoner to another part of the United Kingdom to serve the whole or part of the remainder of the ICC sentence there.
(2)
No such order shall be made—
(a)
for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
(b)
for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.
(3)
An order under this section shall be subject to such conditions (if any) as the relevant Minister may impose from time to time.
(4)
If an order is made under this section the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred—
(a)
shall continue to have effect, and
(b)
shall have effect as if it were a warrant authorising his detention in the part of the United Kingdom to which he is transferred.
(5)
A prisoner transferred under this section to England and Wales or Northern Ireland shall be treated for all purposes, subject as mentioned in section 42(4), as if he were serving a sentence of imprisonment imposed in exercise of its criminal jurisdiction by a court in the part of the United Kingdom to which he is transferred.
(6)
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, and
(b)
in relation to a person detained in Scotland, the Scottish Ministers.