Part 4—Enforcement of sentences and orders
(6) 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, and
- (b) in relation to a person detained in Scotland, the Scottish Ministers.
45Transfer to another part of the United Kingdom: transfer for temporary purposes
(1) This section applies where it appears to the relevant Minister—
- (a) that the prisoner should be transferred to another part of the United Kingdom for the purpose of attending criminal proceedings against him there, or
- (b) that the attendance of the prisoner at a place in another part of the United Kingdom is desirable in the interests of justice, or for the purposes of any public inquiry.
(2) The relevant Minister may make an order for the transfer of the prisoner to that part of the United Kingdom.
(3) No such order shall be made—
- (a) for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
- (b) for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.
(4) An order under this section shall be subject to such conditions (if any) as the relevant Minister thinks fit to impose.Any such conditions may be varied or removed at any time.
(5) Where an order is made under this section—
- (a) the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred shall continue to have effect, and
- (b) he shall be returned to that part of the United Kingdom when the purposes for which the order is made are fulfilled.
(6) 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, and
- (b) in relation to a person detained in Scotland, the Scottish Ministers.
46Domestic sentence current at end of term of ICC sentence
(1) Where a person who completes a term of imprisonment imposed by the ICC—
- (a) is still subject to a domestic sentence of imprisonment, whether imposed before or during his imprisonment in pursuance of the sentence of the ICC, and
- (b) has been transferred to another part of the United Kingdom under section 44 or 45,
he shall be treated as if he had been transferred from the part of the United Kingdom in which the domestic sentence was imposed, by order under Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), on a restricted transfer subject to such conditions as the relevant Minister may consider appropriate.
