Basic HTML Version
788
Uluslararası Adli İşbirliği
(a) this section applies to any person who is detained in custody in a participating
country,
(b) the reference in subsection (1) to the Secretary of State is to be read as a reference
to the Scottish Ministers.
(4) A warrant may be issued in respect of an overseas prisoner under subsection (1) only if the
competent authority provides a written statement made by the prisoner consenting to his being
transferred for the purpose mentioned in that subsection.
(5) Such consent cannot be withdrawn after the issue of the warrant.
(6) A warrant under this section authorises—
(a) the bringing of the prisoner to the United Kingdom,
(b) the taking of the prisoner to, and his detention in custody at, any place or places in
the United Kingdom specified in the warrant,
(c) the returning of the prisoner to the country from which he has come.
(7) Subsections (4) to (8) of section 5 of the 1990 Act have effect in relation to a warrant issued
under this section as they have effect in relation to a warrant issued under that section.
(8) A person is not subject to the Immigration Act 1971 (c. 77) in respect of his entry into or
presence in the United Kingdom pursuant to a warrant under this section; but if the warrant cea-
ses to have effect while he is still in the United Kingdom—
(a) he is to be treated for the purposes of that Act as if he has then illegally entered the
United Kingdom, and
(b) the provisions of Schedule 2 to that Act have effect accordingly except that parag-
raph 20(1) (liability of carrier for expenses of custody etc. Of illegal entrant) does not have effect
in relation to directions for his removal given by virtue of this subsection.
CHAPTER 6
SUPPLEMENTARY
49- Rules of court
(1) Provision may be made by rules of court as to the practice and procedure to be followed in
connection with proceedings under this Part.
(2) Rules of court made under this section by the High Court in Scotland are to be made by
Act of Adjournal.