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The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 No. 742

European investigation order made in the United Kingdom relating to the temporary transfer of a prisoner or EU prisoner

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85.—(1) In relation to a prisoner temporarily transferred to a participating State pursuant to a European investigation order made and transmitted under regulation 22 of the 2017 Regulations (European investigation order for the temporary transfer of a prisoner) before commencement day—

(a)regulation 77(2) (amendment of the Criminal Procedure (Scotland) Act 1995) of these Regulations does not apply;

(b)the following provisions of the 2017 Regulations continue to have effect—

(i)regulation 20 (temporary transfer of UK prisoner to participating State for the purpose of UK investigation);

(ii)regulation 24 (time spent by UK prisoner in custody overseas);

(iii)regulations 2 and 5 (interpretation) and Schedule 2 (participating States), but only for the purpose of the other provisions which continue to have effect by virtue of this this sub-paragraph.

(2) In relation to an EU prisoner temporarily transferred to the United Kingdom pursuant to a European investigation order made and transmitted under regulation 22 of the 2017 Regulations before commencement day, the following provisions of those Regulations continue to have effect—

(a)regulation 21 (temporary transfer of EU prisoner to the UK for the purposes of UK investigation or proceedings);

(b)regulation 23 (restrictions on prosecution and detention for other matters);

(c)regulations 2 and 5 and Schedule 2, but only for the purpose of the provisions which continue to have effect by virtue of sub-paragraphs (a) and (b).

(3) In this regulation, “European investigation order” has the meaning given by regulation 5(1)(a) of the 2017 Regulations.

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