Commentary on Sections Part 3: Other Forms of Assistance Section 32: Transfer of prisoner to give evidence or assist in investigation
62.Article 93.7 empowers the ICC to 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 only if he gives his consent. The Article also provides that the person being transferred shall remain in custody and shall be returned without delay when the purposes of the transfer have been fulfilled.
63.This section enables implementation of an ICC request under Article 93.7 with respect to someone in custody anywhere in the UK. The effect of subsection (5) is that the person will remain in custody during his transfer to the ICC, any time spent at the ICC will be counted towards the completion of their domestic sentence, and, if he has yet to complete that sentence, he will be returned to the UK to do so.