PART IV
ARREST AND SURRENDER OF PERSON TO ICC


37. Rights of arrested person -

(1) A person arrested under a warrant obtained in accordance with section 36 or pursuant to a direction under section 42 shall be brought before a Judge within 48 hours.

(2) The Judge may, of the Judge’s own motion or at the request of the person, determine –
(a) whether the person was lawfully arrested in accordance with the warrant or the direction; and
(b) whether the person’s rights have been respected in the course of the arrest.

(3) In making a determination under subsection (2) the Judge shall apply the principles applicable to judicial review.

(4) If the Judge determines that –
(a) the person was not lawfully arrested; or
(b) the person’s rights were not respected, the Judge shall make a declaration to that effect with any explanation required but may not grant any other form of relief.