Commentary on Sections Part 1: Mutual Assistance in Criminal Matters Chapter 5: Transfer of Prisoners Section 48: Transfer of EU etc. prisoner to assist UK investigation
107.This section provides for the transfer of a prisoner from a participating country to the UK in order to assist with that country’s investigation. Section 6 of the 1990 Act allows overseas prisoners to be transferred at the UK’s request to assist with a domestic investigation. The requirement that a prisoner must give his consent before the transfer takes place (subsections (4) and (5)) is consistent with section 6 of the 1990 Act.