# The Repatriation of Prisoners (Overseas Territories) Order 1986, Paragraph 5: Operation o warrant and retaking prisoners


(1) Where a warrant has been issued under this Act the following provisions of this section shall have effect for the purposes of the warrant, except (without prejudice to section 3(4) above or any enactment contained otherwise than in this Act) in relation to any time when the prisoner is required to be detained in accordance with provisions contained in the warrant by virtue of section 3(1)(c) above.
(2) The prisoner shall be deemed to be in the legal custody of the Governor at any time when, being in the Territory or on board a British ship, a British aircraft or a British hovercraft, he is being taken under the warrant to or from any place, or being kept in custody under the warrant.
(3) The Governor may, from time to time, designate any person as a person who is for the time being authorised for the purposes of the warrant to take the prisoner to or from any place under the warrant, or to keep the prisoner in custody under the warrant.
(4) A person authorised by or for the purposes of the warrant to take the prisoner to or from any place or to keep the prisoner in custody shall, whether he is inside or outside the Territory, have all the powers, authority, protection and privileges of a constable in the Territory.
(5) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant under this Act.
(6) In subsection (2) above—
“British aircraft” means a British-controlled aircraft within the meaning of section 7 of the Tokyo Convention Act 1967 as extended to the Territories by the Tokyo Convention Act (Overseas Territories) Order 1968, or one of Her Majesty's aircraft;
“British hovercraft” means a British-controlled hovercraft within the meaning of the said section 7 as if it were applied in relation to hovercraft, or one of Her Majesty's hovercraft; and
“British ship” means a British ship within the meaning of the Merchant Shipping Act 1894, or one of Her Majesty's ships;
and in this subsection references to Her Majesty's aircraft, hovercraft or ships are references to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the Territory.
(7) In subsection (5) above “constable”, in relation to the Territory, means any person who is a constable or other police officer in the Territory or any person who, at the place in question has, under any enactment (including subsection (4) above), the powers of a constable or other police officer in the Territory.

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Source: https://www.legislation.gov.uk/uksi/1986/2226/schedule/1/paragraph/5 (the official version)
Page: https://openlegislation.uk/repatriation-of-prisoners-overseas-territories-order-1986/schedule-1/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

