Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings

United Kingdom of Great Britain and Northern Ireland

The International Criminal Court Act 2001 (Overseas Territories) Order 2009

PART 3
OTHER FORMS OF ASSISTANCE

Forms of assistance

Transfer of prisoner to give evidence or assist in investigation
36.—(1) This section applies where the Governor receives a request from the ICC for the temporary transfer of a prisoner to the ICC for the purposes of identification or for obtaining testimony or other assistance.

(2) Omitted

(3) The Governor may issue a warrant (a “transfer warrant”) requiring the prisoner to be delivered up, in accordance with the arrangements made by the Governor with the ICC, into the custody of the ICC.

(4) A transfer warrant shall not be issued unless a prisoner consents to the transfer, but consent may not be withdrawn after the issue of the warrant.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—

(a) section 15 (effect of delivery order), and
(b) 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 of detention or imprisonment (including a sentence imposed by a service court),
(b) 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 failure to pay 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 law of the Territory relating to the control of entry to the Territory.

(7) For the purposes of any law relating to the control of entry to the Territory a person detained under any provision of that law is not to be regarded as having left the Territory 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) Omitted.

Rome Statute

Article 93 Other forms of cooperation

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;

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.