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

(1) This section has effect where– (a) a witness summons or writ of subpoena has been issued in criminal proceedings in Belize in respect of a person (a “prisoner”) who is detained in custody in a foreign State by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction in that State; or (b) it appears to the central authority that it is desirable for a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation in Belize of an offence. (2) If the central authority is satisfied that the appropriate authority in the State where the prisoner is detained will make arrangements for him to come to Belize to give evidence pursuant to the witness summons or writ of subpoena or, as the case may be, for the purpose mentioned in paragraph (1)(b), he may issue a warrant under this section. (3) A warrant shall not be issued under this section in respect of any prisoner unless he has consented to being brought to Belize to give evidence as aforesaid or, as the case may be, for the purpose mentioned in paragraph (1)(b), but a consent once given is not capable of being withdrawn after the issue of the warrant. (4) The effect of the warrant is to authorise– (a) the bringing of the prisoner to Belize; (b) the taking of the prisoner to, and his detention in custody at, such place or places in Belize as are specified in the warrant; and 22 (c) the returning of the prisoner to the State from which he has come. (5) Sections 16(4) to (7) have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section. CAP. 156. (6) A person is not subject to the Immigration Act, in respect of his entry into or presence in Belize in pursuance of a warrant under this section, but if the warrant ceases to have effect while he is still in Belize he shall be treated for the purposes of that Act as if he has then illegally entered Belize. (7) This section applies to a person detained in custody in a foreign State in consequence of being transferred there– (a) from Belize under legislation relating to the transfer of offenders; or (b) from any other State under any similar provision or arrangement; as it applies to a person detained as mentioned in sub–section (1). (8) Subject to sub–section (9), a person in Belize pursuant to a request made under this section– (a) shall not be prosecuted, detained, punished or subjected to any other restriction of his personal liberty, in Belize, in respect of acts, omissions or convictions prior to his departure from the State to which the request was made; (b) may refuse to answer any question or produce any document or article if the refusal is based on the laws of Belize; and International Co-operation Act [CAP. 103:04 23 (c) shall not be compelled to give or provide evidence, information or assistance for the purposes of, or in connection with, any criminal matter other than that to which the request relates. (9) Paragraphs (8)(a) and (c) do not apply to a person who– (a) has been officially informed by the central authority that his presence is no longer required for the purpose of the request and who voluntarily remains in Belize for more than fifteen days after the first date on which he had a reasonable opportunity to leave Belize; or (b) having left Belize, returns otherwise than pursuant to the same or another request made under this section.