PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Eligibility for Surrender

41. (1) A person may at any time notify the High Court that he consents to being surrendered to the ICC for the international crime or crimes for which his surrender is sought.
(2) The 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 Part prevents a person, in respect of whom a determination of eligibility for surrender is made by the High Court under section 39, from sub¬sequently notifying the Minister that he consents to surrender.
(4) A person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case—
(a) the Minister may make a surrender order as if a
request for surrender had been received; and
(b) section 34 (1) (a) shall not apply.

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 -

(a) a person who has consented to surrender under section 41, whether before the High Court or subsequently by notice to the Minister; or