F1Supplementary and general provisions
6AF2Transit
1
The relevant Minister may issue a transit order where—
a
the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (2) applies; and
b
the relevant Minister has received a request from the appropriate authority of that country or territory in accordance with those arrangements for the transit of a person to whom subsection (2) applies through a part of F3the United Kingdom.
2
A person falls within this subsection if—
a
that person is for the time being required to be detained in a prison, a hospital or any other institution either—
i
by virtue of an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or
ii
by virtue of any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and
b
except in a case where a transit request is made in the circumstances described in section 6D (1), that person is present in a country or territory outside the British Islands.
3
The relevant Minister may issue a transit order where—
a
international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (4) applies; and
b
the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (4) applies through a part of F4the United Kingdom.
4
A person falls within this subsection if—
a
that person is for the time being required to be detained in a prison, a hospital or any other institution either—
i
by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or
ii
by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and
b
except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island.
5
Terms used in subsection (2)(a) or (4)(a) have the same meaning as in section 1(7).
6
In this section and sections 6B, 6C and 6D “transit order” means an order issued by the relevant Minister, in respect of a person who has been the subject of a request within subsection (1)(b) or (3)(b), which authorises the detention of that person in any part of F5the United Kingdom at any time when that person is in transit.
7
In subsection (6) “detention” includes detention while the person is being taken from one place to another place within F6the United Kingdom.
8
A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place.
9
In this section and section 6B “relevant Minister” means—
a
the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—
i
be present only in Scotland, or
ii
arrive in Scotland before being taken to another part of F7the United Kingdom;
F8aa
the Department of Justice in Northern Ireland, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—
i
be present only in Northern Ireland, or
ii
arrive in Northern Ireland before being taken to another part of the United Kingdom;
b
the Secretary of State, in any other case.
S. 5 cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 15; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)