Criminal Justice Act, 1994

Transfer of prisoner outside State to give evidence or assist investigation in State.

54.—(1) This section has effect where—

(a) a witness order has been made or a witness summons has been issued in criminal proceedings in the State in respect of a person (“a prisoner”) who is detained in custody in a country or territory outside the State by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction in that country or territory, or

(b) it appears to the Minister that it is desirable for a prisoner to be identified in, or otherwise by his presence to assist, such proceedings or the investigation in the State of an offence.

(2) If the Minister is satisfied that the appropriate authority in the country or territory where the prisoner is detained will make arrangements for him to come to the State to give evidence pursuant to the witness order or witness summons or, as the case may be, for the purpose mentioned in subsection (1) (b) of this section, he may issue a warrant under this section.

(3) No warrant shall be issued under this section in respect of any prisoner unless he has consented to being brought to the State to give evidence as aforesaid or, as the case may be, for the purpose mentioned in subsection (1) (b) of this section.

(4) The effect of a warrant under this section shall be to authorise—

(a) the bringing of the prisoner to the State,

(b) the taking of the prisoner to, and his detention in custody at, such place or places in the State as are specified in the warrant, and

(c) the returning of the prisoner to the country or territory from which he has come.

(5) Subsections (5) to (7) of section 53 of this Act shall have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.

(6) A person shall not be subject to the controls imposed by the Aliens Act, 1935 , and orders made thereunder in respect of his entry into or presence in the State in pursuance of a warrant under this section but if the warrant ceases to have effect while he is in the State, he shall be treated for the purposes of that Act and the orders made under it as if he had illegally entered the State and the provisions of that Act and any such orders shall apply to that person except that no carrier shall be liable for his expenses of custody.

(7) A person who is in the State pursuant to a warrant issued under this section shall not be proceeded against, sentenced, detained, or subjected to any other restriction on his personal freedom in respect of any offence committed against the law of the State before his arrival in the State.

(8) This section applies to a person detained in custody in a country or territory outside the State in consequence of having been transferred there under any legislative or other arrangements for the repatriation of prisoners as it applies to a person detained as mentioned in subsection (1) of this section.