The Repatriation of Prisoners (Overseas Territories) Order 1986

Issue of Warrant for Transfer

1.—(1) Subject to the following provisions of this section, where—

(a)international arrangements apply to the Territory which provide for the transfer between the Territory and a country or territory outside the Territory of persons to whom subsection (7) below applies, and

(b)the Governor and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of a particular person (in this Act referred to as “the prisoner”), and

(c)the prisoner has consented to being transferred in accordance with those arrangements,

the Governor shall issue a warrant providing for the transfer of the prisoner into or out of the Territory.

(2) The Governor shall not issue a warrant under this Act, and, if he has issued one, shall revoke it, in any case where after the duty under subsection (1) above has arisen and before the transfer in question takes place circumstances arise, or are brought to the Governor's attention, which in his opinion make it inappropriate that the transfer should take place.

(3) The Governor shall not issue a warrant under this Act providing for the transfer of any person into the Territory unless—

(a)that person is a British citizen or a British Dependent Territories citizen; or

(b)the transfer appears to the Governor to be appropriate having regard to any close ties which that person has with the Territory; or

(c)it appears to the Governor that the transfer is such a transfer for the purpose of the temporary return of the prisoner to the Territory as may be provided for by virtue of section 4(1)(b) below.

(4) The Governor shall not issue a warrant under this Act, other than one superseding an earlier warrant, unless he is satisfied that all reasonable steps have been taken to inform the prisoner in writing in his own language—

(a)of the substance, so far as relevant to the prisoner's case, of the international arrangements in accordance with which it is proposed to transfer him,

(b)of the effect in relation to the prisoner of the warrant which it is proposed to issue in respect of him under this Act.

(c)in the case of a transfer into the Territory, of the effect in relation to the prisoner of the law relation to his detention under that warrant (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant),

(d)in the case of a transfer out of the Territory, of the effect in relation to the prisoner of so much of the law of the country or territory to which he is to be transferred as has effect with respect to transfers under those arrangements, and

(e)of the powers of the Governor under section 6 of this Act;

and, the Governor shall not issue a warrant superseding an earlier warrant under this Act unless the requirements of this subsection were fulfilled in relation to the earlier warrant.

(5) The Governor shall not issue a warrant under this Act unless he is satisfied that the consent given for the purposes of subsection (1)(c) above was given in a manner authorised by the international arrangements in accordance with which the prisoner is to be transferred and was so given either—

(a)by the prisoner himself; or

(b)in circumstances where it appears to the Governor inappropriate by reason of the physical or mental condition or the youth of the prisoner for the prisoner to act for himself, by a person appearing to the Governor to be an appropriate person to have acted on the prisoner's behalf.

(6) A consent given for the purpose of subsection (1)(c) above shall not be capable of being withdrawn after a warrant has been issued in respect of the prisoner; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 below subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 2(3) below.

(7) This subsection applies to a person if he is for the time being required to be detained in a prison, a hospital or any other institution either—

(a)by virtue of an order made in the course of the exercise by a court or tribunal in the Territory, or in any country or territory outside the Territory, of its criminal jurisdiction; or

(b)under the provisions of this Act or any similar provisions of the law of the Territory, or of the law of any country or territory outside the Territory.

(8) In subsection (7)(b) above the reference to provisions similar to the provisions of this Act shall be construed as a reference to any provisions which have effect with respect to the transfer between different countries and territories (or different parts of a country or territory) of persons who are required to be detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts and tribunals of their criminal jurisdiction.