PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Remand and Bail

38. (1) This section shall apply where the High Court orders the detention of a person at any time under this Part.

(2) If the High Court concludes that detaining the person in prison would risk the person's life or health or be undesirable for any reason, the Court may order that the person be held in custody—
(a) at the place where the person is for the time being; or
(b) at any other place that the Court considers appropriate, having regard to the risk or reason involved.

(3) The person may be held as specified in subsection (2) until—
(a) the person can be detained in a prison without risk to that person's life or health;
(b) the reason for not detaining the person in prison no longer applies; or
(c) the person is surrendered or discharged according to law.

(4) In making the order specified in subsection (2), the High Court shall have regard to any recommendations that the ICC may make regarding the place of the person's detention.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Eligibility for Surrender

42. (2) If this section applies, the High Court shall—
(a) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 38, pending the surrender of the person to the ICC or his discharge according to law;
(b) send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit;
(c) inform a person to whom subsection (1) (a) applies that—

(i) subject to section 65, the person will not be surrendered until the expiration of fifteen days after the date of the issue of the warrant;
(ii) during that time the person has the right to make an application for a writ of habeas corpus; and
(iii) the person has the right to lodge an appeal under section 63;
(d) inform a person to whom subsection (1) applies that the Minister is to determine whether to issue a surrender order before the person can be surrendered to the ICC; and
(e) inform the person that if a surrender order is made and the person is not removed within two months, the person may apply to be discharged under section 69.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Surrender and Temporary Surrender

43.
(3) The Minister shall not make a surrender order in respect of a person until the later of the following times—
(a) until the expiration of fifteen days after the date of
the issue of the warrant of detention of that person
under section 42 (2) (a); or
(b) if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Surrender and Temporary Surrender

43.
(3) The Minister shall not make a surrender order in respect of a person until the later of the following times—
(a) until the expiration of fifteen days after the date of
the issue of the warrant of detention of that person
under section 42 (2) (a); or
(b) if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered.

(4) Nothing in subsection (3) shall apply to -
(b) a person to whom section 39 applies but who has, in accordance with section 65, notified the Minister that he has waived -

(i) the right to make an application for a writ of habeas corpus within fifteen days after the date of the issue of the warrant; and

(ii) the right, in relation to every international crime for which the High Court has determined that the person is eligible to be surrendered, to lodge an appeal under section 63; or

(c) a person who the High Court determines is eligible for surrender for two or more inter-national crimes and who, under section 65, has waived—

(i) the right to make an application for habeas corpus within fifteen days after the date of the issue of the warrant; and

(ii) the right, in relation to only one or some of those international crimes, to lodge an appeal under section 63,

if the ICC withdraws its request for the surrender of the person for the international crime or crimes to which the waiver does not relate.