Repatriation of Prisoners Act 1984

Transfer of responsibility for detention and release of offender present outside the country or territory in which he is required to be detained

4A

• (1) This section enables responsibility for the detention and release of a person to whom subsection (2) or (3) applies to be transferred between the relevant Minister in the United Kingdom and the appropriate authority in a country or territory outside the British Islands.

• (2) A person falls within this subsection if that person—

• (a) is a person to whom section 1(7) applies by virtue of—

• (i) an order made in the course of the exercise by a court or tribunal in any part of the United Kingdom of its criminal jurisdiction; or

• (ii) any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom; and

• (b) is present in a country or territory outside the British Islands.

• (3) A person falls within this subsection if that person—

• (a) is a person to whom section 1(7) applies by virtue of —

• (i) 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) any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and

• (b) is present in the United Kingdom.

• (4) Terms used in subsection (2)(a) and (3)(a) have the same meaning as in section 1(7).

• (5) Subject to the following provisions of this section, 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 responsibility for the detention and release of persons to whom subsection (2) or (3) applies,

• (b) the relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of responsibility for the detention and release of a particular person to whom subsection (2) or (3) applies (in this Act referred to as “the relevant person”), and

• (c) in a case in which the terms of those arrangements provide for the transfer of responsibility to take place only with the relevant person's consent, that consent has been given,

the relevant Minister shall issue a warrant providing for the transfer of responsibility for the detention and release of the relevant person from the relevant Minister (where subsection (2) applies) or to the relevant Minister (where subsection (3) applies).

• (6) The relevant Minister shall not issue a warrant under this section providing for the transfer of responsibility for the detention and release of a person to the relevant Minister unless—

• (a) that person is a British citizen;

• (b) the transfer appears to the relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom.

• (7) The relevant Minister shall not issue a warrant under this section where, after the duty in subsection (5) has arisen, circumstances arise or are brought to his attention which in his opinion make it inappropriate that the transfer of responsibility should take place.

• (8) The relevant Minister shall not issue a warrant under this section (other than one superseding an earlier warrant) unless he is satisfied that all reasonable steps have been taken to inform the relevant person in writing in his own language—

• (a) of the substance, so far as relevant to the case, of the international arrangements in accordance with which it is proposed to transfer responsibility for his detention and release;

• (b) of the effect in relation to the relevant person of the warrant which it is proposed to issue under this section;

• (c) in the case of a person to whom subsection (2) applies, of the effect in relation to his case of so much of the law of the country or territory concerned as has effect with respect to transfers under those arrangements of responsibility for his detention and release;

• (d) in the case of a person to whom subsection (3) applies, of the effect in relation to his case of the law relating to his detention under that warrant and subsequent release (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant); and

• (e) of the powers of the relevant Minister under section 6;

and the relevant Minister shall not issue a warrant superseding an earlier warrant under this section unless the requirements of this subsection were fulfilled in relation to the earlier warrant.

• (9) A consent given for the purposes of subsection (5)(c) shall not be capable of being withdrawn after a warrant under this section has been issued in respect of the relevant person; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 4B(3).

• (10) In this section “relevant Minister” means—

• (a) the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is—

• (i) a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland; or

• (ii) a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Scotland;

• (aa) the Department of Justice in Northern Ireland in a case where the person who is the subject of the proposed transfer of responsibility is—

• (i) a person to whom subsection (2) applies who is for the time being required to be detained at a place in Northern Ireland; or

• (ii) a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Northern Ireland;

• (b) the Secretary of State, in any other case.

4B

• (1) The effect of a warrant under section 4A relating to a person to whom subsection (2) of that section applies shall be to transfer responsibility for the detention and release of that person from the relevant Minister (as defined in section 4A(10)) to the appropriate authority of the country or territory in which he is present.

• (2) Subject to subsections (3) to (6), the order by virtue of which the relevant person is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after the transfer of responsibility so as to apply to him if he comes to be in the United Kingdom at any time when under that order he is to be, or may be, detained.

• (3) If, at any time after the transfer of responsibility, it appears to the relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the transfer took place, the relevant Minister may give a direction—

• (a) varying the order referred to in subsection (2); or

• (b) providing for the order to cease to have effect.

• (4) In subsection (3) “relevant Minister” means—

• (a) the Scottish Ministers, where Scotland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; ...

• (aa) the Department of Justice in Northern Ireland, where Northern Ireland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and

• (b) the Secretary of State in any other case.

• (5) The power by direction under subsection (3) to vary the order referred to in subsection (2) includes power by direction—

• (a) to provide for how any period during which the detention and release of the relevant person is, by virtue of a warrant under section 4A, the responsibility of a country or territory outside the United Kingdom is to be treated for the purposes of the order; and

• (b) to provide for the relevant person to be treated as having been released or discharged as mentioned in any paragraph of section 2(4)(b).

• (6) Except in relation to any period during which a restriction order is in force in respect of the relevant person, subsection (2) shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to that person—

• (a) at the time of the transfer of responsibility, if no restriction order is in force in respect of him at that time; and

• (b) if at that time a restriction order is in force in respect of him, as soon after the transfer of responsibility as the restriction order ceases to have effect.

• (7) In subsection (6) “hospital order” and “restriction order” have the same meaning as in section 2(6).

• (8) References in this section to the order by virtue of which a person is required to be detained at the time a warrant under section 4A is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.

4C

• (1) The effect of a warrant under section 4A relating to a person to whom subsection (3) of that section applies shall be to transfer responsibility for the detention and release of that person to the relevant Minister (as defined in section 4A(10)) and to authorise—

• (a) the taking of that person in custody to such place in any part of the United Kingdom as may be specified in the warrant, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (b); and

• (b) the detention of that person in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which responsibility for that person is transferred.

• (2) A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions, that is to say—

• (a) it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and

• (b) it is a provision which at the time the warrant is issued may be contained in an order made either—

• (i) in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the person is to be detained; or

• (ii) otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i).

• (3) Section 3(3) applies for determining for the purposes of paragraph (b) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph in a relevant person's case as it applies for the purposes of section 3(1)(c) in the case of a prisoner who is to be transferred into the United Kingdom.

• (4) Subject to subsection (6) and Part 2 of the Schedule to this Act, a provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b).

• (5) A provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall take effect with the delivery of the relevant person to the place specified in the warrant for the purposes of subsection (1)(a).

• (6) Subsection (4) shall not confer any right of appeal on the relevant person against provisions contained by virtue of subsection (1)(b) in a warrant under this section.

• (7) Part 2 of the Schedule to this Act shall have effect with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(b) in a warrant under section 4A.

• (8) For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) could have been made as so mentioned, there shall be disregarded both—

• (a) any requirement that certain conditions must be satisfied before the order is made; and

• (b) any restriction on the minimum period in respect of which the order may be made.

Persons believed to fall within section 4A(3): powers of arrest and detention

4D

• (1) The Secretary of State or the Scottish Ministers or the Department of Justice in Northern Ireland may issue a certificate stating that the issuing authority—

• (a) considers that there are reasonable grounds for believing that a person in the United Kingdom is a person falling within section 4A(3), and

• (b) has requested written confirmation from the country or territory concerned of the details of that person's case.

• (2) The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).

• (3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).

• (4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it).

• (5) A person arrested under this section shall, as soon as is practicable—

• (a) be given a copy of the warrant for his arrest; and

• (b) be brought before the appropriate judge.

• (6) The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made.

• (7) The purpose of an order under subsection (6) is to secure the detention of the person concerned while—

• (a) written confirmation is obtained from a representative of the country or territory concerned of the details of his case;

• (b) it is established whether he is a person falling within section 4A(3); and

• (c) any application for an order under section 4E(6) is made in respect of him.

• (8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

• (9) Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him.

• (10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section.

4E

• (1) The Secretary of State or the Scottish Ministers or the Department of Justice in Northern Ireland may issue a certificate stating that the issuing authority—

• (a) considers that a person in the United Kingdom is a person falling within section 4A(3), and

• (b) has received written confirmation from a representative of the country or territory concerned of the details of that person's case;

and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D.

• (2) The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).

• (3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).

• (4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it).

• (5) A person arrested under this section shall, as soon as is practicable—

• (a) be given a copy of the warrant for his arrest; and

• (b) be brought before the appropriate judge.

• (6) The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers or the Department of Justice in Northern Ireland, order that a person before the judge who—

• (a) is the subject of a certificate under this section, and

• (b) the judge is satisfied is a person falling within section 4A(3),

shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made.

• (7) The purpose of an order under subsection (6) is to secure the detention of the person concerned until—

• (a) it is determined whether to issue a warrant under section 4A; and

• (b) if so determined, such a warrant is issued.

• (8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

• (9) Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.

• (10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.

4F

• (1) This section has effect for the purposes of sections 4D and 4E.

• (2) A “designated person” is a person designated by the Secretary of State or the Scottish Ministers or the Department of Justice in Northern Ireland .

• (3) The appropriate judge is—

• (a) in England and Wales, any District Judge (Magistrates' Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;

• (b) in Scotland, the sheriff of Lothian and Borders; and

• (c) in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

• (4) A designation under subsection (2) or (3)(a) or (c) may be made—

• (a) for the purposes of section 4D or 4E (or both); and

• (b) for all cases or only for cases (or cases of a description) specified in the designation.

• (5) A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.

Supplementary and general provisions

Revocation etc. of warrants.

Part 2 — Warrants under section 4A transferring responsibility to the relevant minister

9

This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10

Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11

Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12

• (1) Any reference to the prisoner is to be read as a reference to the relevant person.

• (2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13

In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

• (a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

• (b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14

The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.

Transit

Expenses.

8A

• (1) The Secretary of State may, by virtue of this subsection, make an agreement under section 1(1)(b) or 4A(5)(b) if—

• (a) the agreement is one that could be made by the Department of Justice in Northern Ireland by virtue of section 1(9)(aa) or 4A(10)(aa), and

• (b) the Secretary of State’s decision to make the agreement is arrived at (wholly or partly) on the basis of protected information.

• (2) Subject to subsection (3), if the Secretary of State makes an agreement by virtue of subsection (1) in any case, in this Act references to the relevant Minister are to be read, for that case, as references to the Secretary of State (and the definitions of “relevant Minister” are to be read accordingly).

• (3) In the case of an agreement under section 4A(5)(b), subsection (2) does not apply to—

• (a) the references in sections 4A(1) and 4B(1);

• (b) the last two references in section 4A(5);

• (c) the second reference in section 4A(6);

• (d) the first reference in section 4C(1);

• (e) the reference in paragraph 9 of the Schedule.

• (4) The Secretary of State may notify the Department of Justice that no agreement is to be made under section 1(1)(b) or 4A(5)(b) in relation to a particular person without the Secretary of State’s agreement; and the Department may not make such an agreement in relation to that person without the Secretary of State’s agreement.

• (5) But the Secretary of State may give a notification or refuse his agreement only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

• (6) In this section “protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

3A

• (1) This section applies where—

• (a) a person has been transferred into the United Kingdom under a warrant under section 1, and

• (b) the international arrangements in accordance with which the person has been transferred contain a speciality provision.

• (2) The person must not, unless a condition in subsection (3) is met—

• (a) be prosecuted for any offence committed before the departure of that person from the country or territory from which that person has been transferred, or

• (b) be detained or otherwise subjected to any restriction of liberty for any offence committed before the departure of that person from the country or territory from which that person has been transferred, other than the offence in respect of which the person has been transferred.

• (3) For the purposes of subsection (2), the conditions are as follows—

• (a) the person has consented to the transfer;

• (b) the offence is an offence which is not punishable with imprisonment or another form of detention;

• (c) the offence is an offence in respect of which the person will not be detained in connection with the person's trial, sentence or appeal;

• (d) the person is given an opportunity to leave the United Kingdom and—

• (i) the person does not do so before the end of the permitted period, or

• (ii) if the person does so before the end of the permitted period, the person subsequently returns to Great Britain;

• (e) after the transfer has taken place, the person has made a renunciation of the application of subsection (2) to the offence;

• (f) the appropriate authority of the country or territory from which the person has been transferred consents to the prosecution of the offence.

• (4) For the purpose of subsection (3)(d) the “permitted period” is 45 days starting with the day on which the person's sentence ends.

• (5) For the purpose of subsection (3)(e) a renunciation must be made before a court before which the person may be prosecuted for that offence.

• (6) In this section a “speciality provision” means a provision preventing or limiting the prosecution, detention or other restriction of liberty of the person (“P”) for any offence committed before the departure of P from the country or territory from which P has been transferred, other than for the offence in respect of which P has been transferred.

6A

• (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 the 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 the 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 the 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 the 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 the United Kingdom;

• (aa) 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.

• (10) For the purposes of this section and sections 6B and 6C a person who is the subject of a transit order is “in transit” at any time during the period beginning with the arrival of that person in the United Kingdom and ending with the removal of that person from the United Kingdom .

6B

• (1) A person who is the subject of a transit order is deemed to be in the legal custody of the relevant Minister at any time when that person is in transit.

• (2) A constable may for the purposes of a transit order detain a person who is the subject of that order.

• (3) The relevant Minister may, from time to time, designate any person as a person who is for the time being authorised for the purposes of a transit order to detain a person under the order.

• (4) A person authorised under subsection (3) has all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which the person who is the subject of the transit order is for the time being.

• (5) If a person who is the subject of a transit order escapes or is unlawfully at large, that person may be arrested without warrant by a constable.

• (6) A constable may search a person who is the subject of a transit order, and any item in the possession of that person, for any item which that person might use—

• (a) to cause physical injury to that person or to any other person; or

• (b) to assist that person to escape from detention.

• (7) The power conferred by subsection (6) does not authorise a constable to require a person to remove any clothing other than an outer coat, jacket, headgear or gloves.

• (8) The power conferred by subsection (6) includes power to use reasonable force where necessary.

• (9) A constable searching a person in the exercise of the power conferred by subsection (6) may seize any item found if the constable has reasonable grounds for believing that the person searched might use the item —

• (a) to cause physical injury to that person or to any other person; or

• (b) to assist that person to escape from detention.

• (10) Any item seized from a person under subsection (9) may be retained while that person is in transit.

• (11) In this section “constable” means—

• (a) any person who is a constable in any part of the United Kingdom or who has, under any enactment (including subsection (4) above), the powers of a constable in any part of the United Kingdom , or

• (b) any person who is a prison officer within the meaning of section 117(1) of the Criminal Justice and Public Order Act 1994.

• (12) A person who is a constable by virtue of subsection (11)(a) has, for the purposes of section 6A, this section and section 6C, all the powers, authority, protection and privileges of a constable in any part of Great Britain in which a person who is the subject of a transit order is for the time being.

6C

• (1) Where—

• (a) a transit order is issued by the Minister for one part of the United Kingdom (“jurisdiction A”), and

• (b) it is proposed that the person who is the subject of the order will whilst in transit be taken to another part of the United Kingdom (“jurisdiction B”),

the Minister for jurisdiction A must notify the Minister for jurisdiction B.

• (2) Notification need not be given where the Minister for jurisdiction B has agreed in writing to the transit order.

• (3) Unless the Minister for jurisdiction B agrees in writing to the transit order, the order authorises the detention of the person subject to it in jurisdiction A only.

• (4) But where the person escapes or is unlawfully at large, the order also authorises—

• (a) the arrest of the person under section 6B(5) in a part of the United Kingdom other than jurisdiction A, and

• (b) the detention of the person in that part by a constable (within the meaning of that section) for the purpose of taking the person to jurisdiction A.

• (5) For the purposes of this section—

• (a) the Minister for England and Wales, is the Secretary of State,

• (b) the Minister for Scotland is the Scottish Ministers, and

• (c) the Minister for Northern Ireland is the Department of Justice in Northern Ireland.

6D

• (1) This section applies where—

• (a) a person is being transferred between two countries or territories outside the United Kingdom in accordance with international arrangements between those two countries or territories providing for the transfer of persons within section 6A(2)(a) or (4)(a),

• (b) the United Kingdom is a party to international arrangements of the kind mentioned in section 6A(1)(a) with at least one of those countries or territories such that the country or territory can make a request under section 6A(1)(b), and

• (c) the person makes an unscheduled arrival in the United Kingdom.

• (2) A constable may detain a person to whom subsection (1) applies until the expiry of the period of 72 hours beginning with the person's arrival in the United Kingdom or until a transit order is issued under section 6A in respect of that person, whichever is the sooner.

• (3) In this section “constable” means any person who is a constable in any part of the United Kingdom or who has, under any enactment (including section 6B(4) above), the powers of a constable in any part of the United Kingdom.

• (4) A person who is a constable by virtue of subsection (3) has for the purposes of this section all the powers, authority, protection and privileges of a constable in the part of the United Kingdom in which the person mentioned in subsection (2) is for the time being.