Transfer of prisoner held in Belize to give evidence or assist investigation overseas

(1) The central authority may, if he thinks fit, issue a warrant providing for any person (a “prisoner”) serving a sentence in a prison or other institution to which the Prisons Act, applies to be transferred to a foreign State for the purpose– (a) of giving evidence in criminal proceedings there; or (b) of being identified in, or otherwise by his presence assisting, such proceedings or the investigation of an offence. (2) No warrant shall be issued under this section in respect of a prisoner unless he has consented to being transferred as mentioned in sub–section (1), and that consent may be given either– (a) by the prisoner himself; or (b) in circumstances in which it appears to the central authority inappropriate, by reason of the prisoner’s physical or mental condition or his youth, for him to act for himself, by a person appearing to the central authority to be an appropriate person to act on his behalf; but a consent once given is not capable of being withdrawn after the issue of the warrant. (3) The effect of a warrant under this section is to authorise20 (a) the taking of the prisoner to a place in Belize and his delivery at a place of departure from Belize into the custody of a person representing the appropriate authority of the State to which the prisoner is to be transferred; and (b) the bringing of the prisoner back to Belize and his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject. (4) Where a warrant has been issued in respect of a prisoner under this section, he shall be deemed to be in legal custody at any time when, being in Belize or on board a Belizean ship or an aircraft registered in Belize, he is being taken under the warrant to or from any place or being kept in custody under the warrant. (5) A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep him in custody has all the powers, authority, protection and privileges of a police officer. (6) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a police officer and taken to any place to which he may be taken under the warrant issued under this section. (7) This section applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner, and the reference in paragraph (3)(b) to a sentence shall be construed accordingly. International Co-operation Act [CAP. 103:04 21