Part 3 Other forms of assistance
Forms of assistance
32 Transfer of prisoner to give evidence or assist in investigation
(1) This section applies where the Secretary of State receives a request from the ICC for the temporary transfer of a prisoner to the ICC for purposes of identification or for obtaining testimony or other assistance.
(2) Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.
(3) The relevant Minister may issue a warrant (a “transfer warrant”) requiring the prisoner to be delivered up, in accordance with arrangements made by the relevant Minister with the ICC, into the custody of the ICC.
(4) A transfer warrant shall not be issued unless the prisoner consents to the transfer, but consent may not be withdrawn after the issue of the warrant.
(5) The following provisions of Part 2 of this Act apply in relation to a transfer warrant under this section as they apply in relation to a delivery order under that Part—
section 15 (effect of delivery order), and
section 24 and Schedule 2 (delivery up of persons subject to criminal proceedings, &c.).
(6) In this section “prisoner” means—
(a) a person serving a sentence in a prison to which the Prison Act 1952 (c. 52) or the Prison Act (Northern Ireland) 1953 (c.18(N.I.)) applies,
(b) a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 (c. 45) applies,
(c) a person serving a sentence of service detention (within the meaning of the Armed Forces Act 2006) 1 or imprisonment imposed by a service court,
(d) a person detained in custody otherwise than in pursuance of a sentence, including in particular—
(i) a person in custody awaiting trial or sentence,
(ii) a person committed to prison for contempt or for default in paying a fine,
(iii) a person in custody in connection with proceedings to which Part 2 or 3 of Schedule 2 applies (extradition or other delivery proceedings),
(iv) a person detained under any provision of the Immigration Act 1971 (c. 77) or the Nationality, Immigration and Asylum Act 2002 .
(7) For the purposes of the Immigration Acts (within the meaning given by section 158 of the Nationality, Immigration and Asylum Act 2002](c. 33)) a person detained under any provision of the Immigration Act 1971 or the Nationality, Immigration and Asylum Act 2002] is not to be regarded as having left the United Kingdom at any time when a transfer warrant is in force in respect of him (including any time when he is in the custody of the ICC).
(8) 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;
(b) in relation to a person detained in Scotland, the Scottish Ministers.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.