Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 24.—
(1) Subject to subsection (2), where—

(a) a person arrested under a provisional arrest warrant is brought before the High Court, and
(b) a certificate under section 19 in respect of the person is not produced to it,
the Court shall remand the person in custody or, subject to section 26(2), on bail until the certificate is produced.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 25.—

(2) (a) The High Court shall adjourn the proceedings pending the outcome of—

(i) any challenge before the International Criminal Court to the admissibility of a case on grounds referred to in Article 17 or 89(2) or to that Court’s jurisdiction in the case, or

(ii) a challenge to admissibility made before the High Court on the basis of the principle of ne bis in idem, as provided for in Article 89(2),

and remand the arrested person in custody or, subject to section 26(2), on bail.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 25.—

(7) (a) If an appeal is to be brought against a refusal of the High Court to make a surrender order and the Court is so informed without delay, the Court shall remand the arrested person in custody or, subject to section 26(2), on bail, until the appeal has been finally determined.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 26.—

(1) In relation to a person who is before it under this Part the High Court may, subject to subsection
(2), exercise its powers of adjournment and remand, including, but not limited to, the powers it has in that respect in relation to a person sent forward to the Central Criminal Court for trial.

(2) (a) The High Court—

(i) shall cause any application for bail by such a person brought before it to be notified to the Pre-Trial Chamber and the Minister, and
(ii) shall, in reaching a decision on the application—

(I) have regard to the principles set out in paragraph 4, first sentence, of Article 59, and
(II) give full consideration to any recommendations made by the Chamber in relation to the application.

(b) If bail is granted, the Minister shall provide any periodic reports requested by the Chamber under Article 59.6.

(c) Bail may not be granted under this subsection to a person who is serving a sentence of imprisonment or detention.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.