Regulation 86 European investigation order made in a participating State relating to the temporary transfer of a prisoner or EU prisoner

(1)

In relation to a prisoner temporarily transferred to a participating State pursuant to a warrant issued by the Secretary of State or Scottish Ministers under regulation 54 of the 2017 Regulations (temporary transfer of UK prisoner to issuing State for the purpose of issuing State’s investigation or proceedings) 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 54;

(ii)

regulation 57 (time spent by UK prisoner in custody overseas);

(iii)

regulations 2 and 25 (interpretation) and Schedule 2 (participating States), but only for the purpose of the other provisions which continue to have effect by virtue of this sub-paragraph.

(2)

In relation to an EU prisoner temporarily transferred to the United Kingdom pursuant to a warrant issued by the Secretary of State or Scottish Ministers under regulation 55 of the 2017 Regulations (temporary transfer of EU prisoner to the UK for the purpose of issuing State’s investigation) before commencement day, the following provisions of those Regulations continue to have effect—

(a)

regulation 55;

(b)

regulation 56 (restrictions on prosecution and detention for other matters);

(c)

regulations 2 and 25 (interpretation) and Schedule 2 (participating States), but only for the purpose of the provisions which continue to have effect by virtue of sub-paragraphs (a) and (b).