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

PART IV – ARREST AND SURRENDER OF PERSONS

16. Interim release

(1) A person arrested shall have the right to apply to a Magistrate for interim release,
and, on any such application, the Magistrate shall consider whether –
(a) given the gravity of the alleged crime, there are urgent and exceptional circumstances to justify interim release; and
(b) necessary safeguards have been or will be taken to ensure that the person will surrender to the International Criminal Court.

(2) It shall not be open to the Magistrate to consider whether the warrant of arrest was properly issued in accordance with Article 58, paragraph 1(a) and (b) of the Statute.

(3) The Pre-Trial Chamber of the International Criminal Court shall be informed by the Magistrate of any request for interim release and the Magistrate shall give full consideration to any recommendation made by the Pre-Trial Chamber in the matter.

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.