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

Appeals against Determinations of Eligibility for Surrender

63. (1) If the High Court determines under section 39 that a person is or is not eligible for surrender in relation to any crime for which surrender is sought, and either party considers the determination erroneous in point of law, the party may appeal against the determination to the Court of Appeal on a question of law only.
(2) To lodge an appeal the party shall, within fifteen days after the determination, file in the office of the court that made the determination a notice of appeal in the prescribed form.

64. (1) The High Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if—
(a) the High Court makes a determination under section 39; and
(b) immediately after the High Court makes the determination, either party informs the High Court that the party intends to appeal against the determination.

(2) The High Court or the Court of Appeal may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if—
(a) the High Court makes a determination under section 39; and
(b) either party files a notice of appeal against the determination.

(3) If a person is detained under an order made under this section or is arrested and detained under a warrant issued under this section, sections 35 to 38 shall apply, with any necessary modifications, to the detention of the person as if the appeal proceedings were proceedings under section 39 to determine whether or not the person is eligible for surrender.

65. Without limiting the operation of section 41, a person whose surrender is sought may, by a waiver in the prescribed form, waive the following rights—
(a) the right to make an application for a writ of habeas corpus within fifteen days after the issue of a warrant of detention; and
(b) the right, in relation to any international crime or crimes for which the High Court has determined that the person is eligible for surrender, to lodge an appeal under this Part.

66. (1) The Court of Appeal shall hear and determine the question or questions of law arising on any case trans¬mitted to it, and do one or more of the following things—
(a) reverse, confirm, or amend the determination in respect of which the case has been stated;
(b) remit the determination to the High Court for reconsideration together with the opinion of the Court of Appeal on the determination;
(c) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard;
(d) make any other order in relation to the determination that it thinks fit.

(2) In hearing and determining the question or questions of law arising on any case transmitted to it, the Court of Appeal—
(a) shall not have regard to any evidence of a fact or opinion that was not before the High Court when it made the determination appealed against; and
(b) may in the same proceedings hear and determine any application for a writ of habeas corpus made in respect of the detention of the person whose surrender is sought.

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Appeals against Determinations of Eligibility for Surrender

67. (1) If the appeal is against a determination that a person is eligible for surrender, and the Court of Appeal reverses the determination, the Court of Appeal shall also either—
(a) discharge the person; or
(b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard.

(2) If the appeal is against a determination that a person is eligible for surrender in respect of two or more international crimes, and the Court of Appeal finds that the determination includes an error of law that relates to only one or some of those international crimes, the Court of Appeal may amend the determination and—
(a) discharge the person in respect of that inter¬national crime or those international crimes; or
(b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that international crime or those international crimes.
(3) Notwithstanding subsections (1) and (2), if an 42
appeal is against a determination that a person is eligible for surrender, and the Court of Appeal finds that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld.
(4) If the appeal is against a determination that a person is not eligible for surrender, and the Court of Appeal finds that the determination includes an error of law, the Court of Appeal may—

(a) exercise the powers of a High Court under section 42 as if it were the High Court (for which purpose subsection (2) (c) of that section shall not apply); or
(b) if it remits the determination to the High Court, issue a warrant for the arrest and detention of the person pending the High Court's reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 64 (3) shall apply to any warrant issued under this paragraph as if the warrant were issued under that section.
(5) Subsections (1), (2), and (4) do not limit the operation of section 66.