Paragraph 5
Where in pursuance of Part 2 of this Act a person who is a prisoner is delivered up—
into the custody of the ICC, or
into the custody of a state where he is to undergo imprisonment under a sentence of the ICC,
he shall continue to be liable to complete any term of imprisonment or detention to which he had been sentenced by a national court.
But there shall be counted towards the completion of that term any time during which he is in the custody of the ICC or of another state.
Where in pursuance of Part 2 of this Act a court orders the discharge of a person who is a prisoner, the discharge is without prejudice to the liability of the prisoner to complete any term of imprisonment or detention to which he has been sentenced by a national court.
Accordingly, a prisoner to whom such an order relates and whose sentence has not expired shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.
Where in pursuance of Part 2 of this Act a delivery order is made in respect of a person who is a prisoner, the order may include provision authorising the return of the prisoner into the custody of the Governor—
in accordance with arrangements made by the Governor with the ICC, or
in the case of a prisoner taken to a place where he is to undergo imprisonment under a sentence of the ICC, in accordance with arrangements made by the Governor with the state where that place is situated,
and for his transfer in custody to the place where he is liable to be detained under the sentence of the national court to which he is subject.
Omitted
In this paragraph “prisoner” means a person serving a sentence of detention or imprisonment (including a sentence imposed by a service court).