'Surrender' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I – PRELIMINARY

2. Interpretation

In this Act –

“surrender” means the delivering up of a person by Mauritius to the International Criminal Court pursuant to the Statute

PART VI - ARREST AND SURRENDER OF PERSONS

18. Removal of person surrendered

(1) Any person in respect of whom an order to be surrendered has been made under section 15(5), or who agrees to his surrender, may be removed from Mauritius in the custody of a person authorized by the International Criminal Court to receive him and if the person escapes while being so removed, he may be arrested without a warrant by any person.

(2) Any person who –
(a) while being so removed, escapes or attempts to escape from custody; or
(b) rescues or attempts to rescue from custody any person being so removed,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 5 years .

PART IV - ARREST AND SURRENDER OF PERSONS

20. Discharge of person not surrendered

(1) Where the International Criminal Court informs the Attorney-General that a person arrested in terms of this Act is no longer required to be surrendered to it or into the custody of a State for purposes of serving a sentence imposed by the International Criminal Court, as the case may be, the Attorney-General shall inform the Magistrate, who ordered the surrender, accordingly.

(2) The Magistrate concerned shall, on receipt of such notification, immediately cancel any order made issued under section 15(5).