The Criminal Justice (International Co-operation) (Anguilla) Order 1994

Transfer of overseas prisoner to give evidence or assist investigation in Anguilla.

6.—(1) This section has effect where—

(a) a witness summons or writ of subpoena has been issued in criminal proceedings in Anguilla in respect of a person (“a prisoner”) who is detained in custody in a country or territory outside Anguilla by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction in that country or territory; or

(b) it appears to the Governor that it is desirable for a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation in Anguilla of an offence.

(2) If the Governor is satisfied that the appropriate authority in the country or territory where the prisoner is detained will make arrangements for him to come to Anguilla to give evidence pursuant to the witness order, witness summons or citation or, as the case may be, for the purpose mentioned in subsection (1)(b) above, he may issue a warrant under this section.

(3) No warrant shall be issued under this section in respect of any prisoner unless he has consented to being brought to Anguilla to give evidence as aforesaid or, as the case may be, for the purpose mentioned in subsection (1)(b) above but a consent once given shall not be capable of being withdrawn after the issue of the warrant.

(4) The effect of the warrant shall be to authorise—

(a) the bringing of the prisoner to Anguilla;

(b) the taking of the prisoner to, and his detention in custody at, such place or places in Anguilla as are specified in the warrant; and

(c) the returning of the prisoner to the country or territory from which he has come.

(5) Subsections (4) to (8) of section 5 above shall have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.

(6) A person shall not be subject to the Immigration and Passport Ordinance 1980(1) in respect of his entry into or presence in Anguilla in pursuance of a warrant under this section but if the warrant ceases to have effect while he is still in Anguilla he shall be treated for the purposes of that Ordinance as if he has then illegally entered Anguilla.

(7) This section applies to a person detained in custody in a country outside Anguilla in consequence of having been transferred there—

(a) from Anguilla under the Repatriation of Prisoners Act 1984(2) as applied to Anguilla by the Repatriation of Prisoners (Overseas Territories) Order 1986(3), or

(b) under any similar provision or arrangement from any other country or territory,

as it appliesto a person detained as mentioned in subsection (1) above.

(1)

Anguilla Ordinance No. 14 of 1980.

(2)

1984 c. 47.

(3)

S.I. 1986/2226.