Cap. 453 Art. 10Temporary return or transfer of custody to another state. prisoner in transit, etc.

(1) This article applies where the Minister receives a request from the ICC -

(a) for the temporary return of the prisoner to the custody of the ICC for the purposes of any proceedings, or

(b) for the transfer of the prisoner to the custody of another state in pursuance of a change in designation of state of enforcement.

(2) The Minister shall -

(a) issue a warrant authorising the prisoner’s temporary return or transfer in accordance with the request,

(b) make the necessary arrangements with the ICC or, as the case may be, the other state, and

(c) give such directions as to the custody, surrender and, where appropriate, return of the prisoner as appear to him appropriate to give effect to the arrangements.

(2) Where the prisoner is temporarily returned to the custody of of the Minister at any time when, being -

(a) in Malta, or

(b) on board a Maltese vessel or aircraft, he is being taken to or from any place or is being kept in custody.

(2) The Minister may, from time to time, designate a person as a person who is for the time being authorised to take the prisoner to or from any place or to keep the prisoner in custody.

(3) A person so authorised has all the powers, authority, protection and privileges of a police officer.

(4) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by the police and taken to any place to which he may be taken under the warrant issued under any provision of this Part.