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The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018

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Custodial sentences by national courts

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31.—(1) Where in pursuance of this Order a person who is a prisoner (“P”) is delivered up into the custody of—

(a)the Mechanism; or

(b)a state where P is to undergo trial in accordance with a referral of the Mechanism under article 6 of the Statute, or imprisonment under a sentence of the Mechanism,

P continues to be liable to complete any term of imprisonment or detention to which P has been sentenced by a national court; but there must be counted towards the completion of that term any time during which P is in the custody of the Mechanism or another state.

(2) Where in pursuance of this Order a court orders the discharge of a person (“Q”), the discharge is without prejudice to the liability of Q to complete any term of imprisonment or detention to which Q has been sentenced by a national court; and accordingly where Q’s sentence has not expired Q must be transferred in custody to the place where Q is liable to be detained under the sentence to which Q is subject.

(3) Where in pursuance of this Order a delivery order is made or transfer warrant is issued in respect of a person (“R”), the order or warrant may include provision—

(a)authorising the return of R into the custody of the Secretary of State—

(i)in accordance with arrangements made by the Secretary of State with the Registrar, or

(ii)where R is taken to a place where R is to undergo trial in accordance with a referral of the Mechanism under article 6 of the Statute or imprisonment under a sentence of the Mechanism, in accordance with arrangements made by the Secretary of State with the state where that place is situated; and

(b)for the transfer of R in custody to the place where R is liable to be detained under the sentence to which R is subject.

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