(1) Where a request is made by a foreign government or a foreign authority under section 42 for the production before any authority or court in the foreign country as a witness for the prosecution in any proceedings before that authority or court, of any person who is undergoing imprisonment in Ghana or in lawful remand, the Secretary may issue an order for the transfer of that person into the custody of the officer of the foreign country who is designated by that foreign government or foreign authority for the purpose of transporting that person from Ghana to the foreign country and thereafter, to be detained in that country under the custody of such authority or person as may be lawful in that country and produced from time to time under custody before the authority or court in which he is required to attend as a witness.

(2) Where the attendance of a person as a witness under subsection (1) is no longer required, the person shall be transported, in the custody of an officer of the foreign country, to Ghana and returned into the custody of the Ghanaian officer having lawful authority to take him into custody, and he shall, thereafter continue to undergo the imprisonment, detention or custody which he was undergoing prior to the transfer of his custody under subsection (1).

(3) The period during which the person was under foreign custody under this section shall count towards the period of his imprisonment, detention or other custody in Ghana.

(4) No transfer of any person into foreign custody shall be effected unless the foreign government gives an undertaking to the Government to bear and be responsible for all expenses of the transfer of custody, the up-keep of the person during his foreign custody and the return of the person into Ghanaian custody immediately upon his release from attendance before the authority or court in the foreign country.