Commentary on Sections Part 1: Mutual Assistance in Criminal Matters Chapter 5: Transfer of Prisoners Section 47: Transfer of UK prisoner to assist investigations abroad
106.This section provides for prisoners from the UK to be transferred to another participating country to assist with an investigation, implementing Article 9 of the MLAC. This differs from section 5 of the 1990 Act which covers the transfer of UK prisoners to other countries at the request of the authorities of that country to assist their investigations. This new power might be used, for example, where a prisoner assisting a UK investigation could identify a site or participate in an identification parade in another participating country. It is unlikely to be used frequently. The requirement that a prisoner (or an appropriate person acting on his behalf) must give his consent before the transfer takes place (subsections (4) and (5)) is consistent with section 5 of the 1990 Act.