(1)The Secretary of State may pursuant to an agreement with the competent authority of a participating country issue a warrant providing for any person to whom this section applies (“a prisoner”) to be transferred to that country for the purpose of assisting there in the investigation of an offence.
The offence must be one which was or may have been committed in the United Kingdom.
(2)This section applies to a person—
(a)serving a sentence in a prison,
(b)in custody awaiting trial or sentence, or
(c)committed to prison for default in paying a fine.
(3)But, in relation to transfer from Scotland—
(a)this section applies to any person detained in custody,
(b)references in this section to the Secretary of State are to be read as references to the Scottish Ministers.
(4)A warrant may be issued in respect of a prisoner under subsection (1) only if—
(a)the prisoner, or
(b)in the circumstances mentioned in subsection (5), a person appearing to the Secretary of State to be an appropriate person to act on the prisoner’s behalf,
has made a written statement consenting to his being transferred for the purpose mentioned in subsection (1).
(5)The circumstances are those in which it appears to the Secretary of State to be inappropriate for the prisoner to act for himself, by reason of his physical or mental condition or his youth.
(6)Such consent cannot be withdrawn after the issue of the warrant.
(7)A warrant under this section authorises—
(a)the taking of the prisoner to a place in the United Kingdom and his delivery at a place of departure from the United Kingdom into the custody of a person representing the appropriate authority of the participating country to which the prisoner is to be transferred, and
(b)the bringing of the prisoner back to the United Kingdom and his transfer in custody to the place where he is liable to be detained under the sentence or order to which he is subject.
(8)References to a prison in this section include any other institution to which the Prison Act 1952 (c. 52), the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)) or Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/ 1504 (N.I.9)) applies.
F1(9)Subsections [F1 (4) ] to (8) of section 5 of the 1990 Act (transfer of UK prisoner to give evidence or assist investigation overseas) have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.
Textual Amendments
F1Word in s. 47(9) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 237; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1S. 47 in force at 26.4.2004 by S.I. 2004/786, art. 3