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The United Nations (International Tribunal) (Rwanda) Order 1996

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Custodial sentences under United Kingdom law

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

(a)the International Tribunal, or

(b)a state where he is to undergo imprisonment under a sentence of the International Tribunal,

the prisoner shall continue to be liable to complete any term of imprisonment or detention to which he has been sentenced by a national court; but there shall be counted towards the completion of that term any time during which he is in the custody of the International Tribunal or another state.

(2) Where in pursuance of this Order a court orders the discharge of a person who is a prisoner, the discharge is without prejudice to the liability of the prisoner to complete any term of imprisonment or detention to which he has been sentenced by a national court; and acccordingly a prisoner to whom such an order relates and whose sentence has not expired shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.

(3) Where in pursuance of this Order a delivery order is made or transfer warrant is issued in respect of a person who is a prisoner, the order or warrant may include provision authorising the return of the prisoner into the custody of the Secretary of State—

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

(b)in the case of a prisoner taken to a place where he is to undergo imprisonment under a sentence of the International Tribunal, in accordance with arrangements made by the Secretary of State with the state where that place is situated,

and for his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.

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