Willingness to accept sentenced persons

United Kingdom of Great Britain and Northern Ireland

International Criminal Court (Scotland) Act 2001 (2015)


23 Detention in Scotland of certain prisoners

(1) This section applies where the Scottish Ministers have agreed, in pursuance of section 42(2)(b) of the 2001 Act (duty to issue warrant where the Scottish Ministers agree that a person should be detained in Scotland), that a person on whom a sentence of imprisonment has been imposed (a "prisoner") should be detained in Scotland.

(2) The warrant issued by the Scottish Ministers under that section of the 2001 Act shall include provision authorising—
the detention of the prisoner in Scotland in accordance with the sentence imposed ; and
the taking of the prisoner to a specified place where the prisoner is to be detained,
(any such warrant being referred to in this section as a "Scottish warrant").

(3) The provisions of a Scottish warrant—
may be varied by the Scottish Ministers ; and
shall be so varied to give effect to any variation of the sentence.

(4) Subject to section 24 of this Act, a prisoner subject to a Scottish warrant shall be treated for all purposes as if the prisoner were subject to a sentence of imprisonment imposed in exercise of its criminal jurisdiction by a court in Scotland.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.