PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for Surrender

45. (1) A person may at any time notify the Court that he consents to being surrendered to the ICC for the international crime for which surrender is sought.
(2) The High Court may accept the notification of consent under subsection (1), if—
(a) the person is before the Court when notification of the consent to surrender is given;
(b) the person has been legally represented in the proceedings; and
(c) the Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.
(3) Nothing in this section prevents a person, in respect of whom a determination of eligibility for surrender is made by the Court under section 43, from subsequently notifying the Attorney General that the person consented to surrender.

(4) To avoid doubt—
(a) a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Attorney General may make a sur¬render order as if a request for surren
der had been received; and
(b) if paragraph (a) applies, section 38(1)(a) does not apply.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Surrender and Temporary Surrender

47. (4) Nothing in subsection (3) applies to—
(a) a person who has consented to surrender under section 45, whether before the Court or subsequently by notice to the Attorney General; or

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.