The Repatriation of Prisoners (Overseas Territories) Order 1986

Temporary return

4.  (1)  A single warrant under this Act may provide for the transfer of the prisoner both out of and into (or into and out of) the Territory if it appears to the Governor that the transfers are to be for the purpose of the temporary return of the prisoner either—

(a)from the Territory to a country or territory outside the Territory from which he has previously been transferred into the Territory under this Act or any other enactment; or

(b)to the Territory from a country or territory outside the Territory to which he has previously been transferred from the Territory under this Act.

(2) The provisions contained by virtue of section 3(1)(c) above in a warrant under this Act issued for the purpose of the temporary return of the prisoner to a country or territory outside the Territory may, where the prisoner is required when that warrant is issued to be detained in accordance with provisions so contained in an earlier warrant under this Act, require the prisoner to continue, after his return to the Territory, to be detained in accordance with those earlier provisions.

(3) A warrant issued under this Act containing, with respect to provisions contained in an earlier warrant, any such requirement as is referred to in subsection (2) above, shall provide that any period during which the prisoner is out of the Territory and is in custody is to be treated (except to such extent as may be specified in the warrant in order that effect may be given to the international arrangement in question) as a period during which the prisoner is detained under the provisions contained in the earlier warrant.

(4) The provisions contained by virtue of section 3(1)(c) above in a warrant under this Act issued for the purpose of the temporary return of the prisoner to the Territory may require the prisoner to be detained in accordance with any order which on his return will apply in respect of him in pursuance of section 2(2) above.