Commentary on Sections Part 4: Enforcement of Sentences and Orders Sections 44 and 45: Transfer to another part of the UK
77.Section 44 enables the transfer of a prisoner from one part of the UK to another to serve the remainder of the ICC sentence. The warrant under which he is being detained will continue to have effect. Section 45 provides for the temporary transfer of the prisoner in custody between UK jurisdictions, including Scotland, for example, for the purpose of attending criminal proceedings against him or for testifying at another trial. Under both sections, transfer between Scotland and the rest of the UK requires the prior agreement of the relevant Minister in the receiving part of the UK.