PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(5) Where, after considering the evidence adduced at the enquiry referred to in subsection (1), the Magistrate is satisfied that the requirements of subsection (1) (a) to (c) have been complied with and that the person concerned may be surrendered to the International Criminal Court –
(a) for prosecution in the International Criminal Court for the alleged crime or offence;
(b) for the imposition of a sentence by the International Criminal Court for the crime or offence in respect of which the person has been convicted; or
(c) to serve a sentence already imposed by the International Criminal Court,
the Magistrate shall issue an order committing that person to prison pending his surrender to the International Criminal Court unless a request for interim release has been granted pursuant to section 16.

(6) The Magistrate issuing the order of committal referred to in subsection (5) or postponing the enquiry referred to in subsection (1), shall immediately forward to the Attorney-General a copy of the order or request for a decision of the International Criminal Court, together with any other necessary report

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.