Spans in 'Samoa: ICC Act' tagged with 'Provisional arrest

'Provisional arrest - consent to surrender' in document 'Samoa: ICC Act'

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More information about the keyword 'Provisional arrest - consent to surrender'
More information about the document 'Samoa: ICC Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

43. Person arrested on a provisional warrant -

(4) Notwithstanding subsection (4), a person who is provisionally arrested may consent to surrender before the expiration of 60 days, in which case, the Minister shall proceed to surrender the person to the Court as soon as possible.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

47. Surrender by consent-

(1) A person may at any time notify a Judge that the person consents to being surrendered to the ICC for the crime or crimes for which the ICC seeks the surrender of the person.

(2) The Judge may accept the notification of consent under subsection (1) if –

(a) the person is before the Judge when notification of the consent to surrender is given; and
(b) the Judge is satisfied that the person has freely consented to the surrender in full knowledge of its consequences

(3) Nothing in this section shall be construed as preventing a person, in respect of whom the Judge has made a delivery order, from subsequently notifying the Minister that the person consents to surrender.

(4) For the avoidance of doubt a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Judge may make an order under subsection (5).

(5) Where the consent to surrender has been given, the Judge shall immediately make a delivery order in the same terms as section 45(2) and such of the provisions of sections 45 and 46 as are applicable shall thereupon apply.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
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.