Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/26

22 Part 4—Enforcement of sentences and orders 43Temporary return or transfer of custody to another state

(1) This section applies where the Secretary of State receives a request from the ICC—
 * (a) for the temporary return of the prisoner to the custody of the ICC for the purposes of any proceedings, or
 * (b) for the transfer of the prisoner to the custody of another state in pursuance of a change in designation of state of enforcement.

(2) If the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.

(3) The relevant Minister shall—
 * (a) issue a warrant authorising the prisoner’s temporary return or transfer in accordance with the request,
 * (b) make the necessary arrangements with the ICC or, as the case may be, the other state, and
 * (c) give such directions as to the custody, surrender and (where appropriate) return of the prisoner as appear to him appropriate to give effect to the arrangements.

(4) Where the prisoner is temporarily returned to the custody of the ICC, the warrant authorising his detention in any part of the United Kingdom shall continue to have effect so as to apply to him again on his return.

(5) 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.

44Transfer 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.