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Kanunları ve Tercümeleri
(a) the prisoner, or
(b) in the circumstances mentioned in subsection (5), a person appearing to the Sec-
retary 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 inapprop-
riate 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(6) Such consent cannot be withdrawn after the issue of the warrant.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 app-
ropriate 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 Jus-
tice (Children) (Northern Ireland) Order 1998 (S.I. 1998/ 1504 (N.I.9)) applies.
(9) Subsections (3A) 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.
48- Transfer of EU etc. prisoner to assist UK investigation
(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 (“the
overseas prisoner”) to be transferred to the United Kingdom for the purpose of assisting in the
investigation of an offence. The offence must be one which was or may have been committed in
the participating country.
(2) This section applies to a person who is detained in custody in a participating country—
(a) by virtue of a sentence or order of a court exercising criminal jurisdiction there, or
(b) in consequence of having been transferred there from the United Kingdom under
the Repatriation of Prisoners Act 1984 (c. 47) or under any similar provision or arrangement from
any other country.
(3) But, in relation to transfer to Scotland—