Part IV – Arrest and Surrender of Person to ICC

31. Application for bail.
(1) A person brought before a Registrar under section 30 may make an application for bail.

(2) Where an application for bail is made, the Registrar shall adjourn the hearing of the application and notify the Minister.

(3) The Minister shall, on receipt of a notification under subsection (2) consult immediately with the ICC to obtain any recommendations from the Pre-Trial Chamber under article 59(5) of the Statute, and shall convey those recommendations to the registrar.

(4) The Registrar shall give full consideration to any recommendations conveyed to him or her under subsection (3) before making a decision on the application for bail.

(5) Where no recommendations are received from the ICC within seven days, the Registrar may proceed to hear the application; and the provisions of the Magistrates Courts Act shall apply.

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.