PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Surrender and Temporary Surrender

43. (2) The Minister shall make a surrender order in respect of the person concerned unless—
(b) the Minister is satisfied that one of the discretionary restrictions on surrender specified in section 51 (2) applies and that it is appropriate in the circumstances that surrender be refused;

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

57. If a request for surrender of a person is received from the ICC and one or more States also request the extradition of the person for the same conduct that forms the basis of the crime for which the ICC seeks the person's surrender, the Minister—

(b) shall determine, in accordance with section 58 or section 59, but without regard to any provision of
the Extradition (Commonwealth Countries) Act
or the Extradition (Contiguous and Foreign Countries) Act, whether the person is to be surrendered to the ICC or to the requesting State.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Restrictions on Surrender

58.

(2) If the request is one to which subsection (1) (b) relates, then, pending the ICC's determination—
(a) the steps required to be taken under theExtradition (Commonwealth Countries) Act or the Extradition (Contiguous and Foreign Countries) Act, as the case may be, in relation to a
request for extradition may continue to be taken; and
(b) no person may be surrendered under the relevant Act unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.

Article 90
Competing requests
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.