Part 2 Arrest and delivery of persons
Warrants, custody, bail and related matters

18 Bail and custody: consultation with the ICC, &c

(1) Where an application for bail is made in proceedings under this Part in England and Wales—
(a) the court shall notify the Secretary of State of the application,
(b) the Secretary of State shall consult with the ICC, and
(c) bail shall not be granted without full consideration of any recommendations made by the ICC.
(2) Where an application for bail is made in proceedings under this Part in Scotland—
(a) the court shall notify the Scottish Ministers of the application,
(b) the Scottish Ministers shall notify the Secretary of State who shall consult with the ICC and shall notify the Scottish Ministers of any recommendations made by the ICC, and
(c) bail shall not be granted without full consideration of any such recommendations.
(3) In considering any such application as is mentioned in subsection (1) or (2) the court shall consider
(a) whether, given the gravity of the offence or offences he is alleged to have committed or, as the case may be, of which he has been convicted by the ICC, there are urgent and exceptional circumstances justifying release on bail, and
(b) whether any necessary measures have been or will be taken to secure that the person will surrender to custody in accordance with the terms of his bail.

19 Discharge of person not delivered up

(1) If the person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, an application may be made, by him or on his behalf, for his discharge.
(2) The application shall be made—
(a) in the case of an order made in England and Wales, to the High Court;
(b) in the case of an order made in Scotland, to the High Court of Justiciary.
(3) On an application under this section the court shall order the person’s discharge unless reasonable cause is shown for the delay.

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

PART 1 CRIMINAL PROCEEDINGS

Criminal proceedings in England and Wales or Northern Ireland

(3) If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State—
(a) shall consult the ICC before giving directions for the execution of the order,

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

PART 1 CRIMINAL PROCEEDINGS

Proceedings before service court

4 (3) If a delivery order is made and the proceedings before a service court are still pending or in progress, the Secretary of State—
(a) shall consult the ICC before giving directions for the execution of the delivery order,

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

Part 2 Extradition proceedings

Extradition proceedings in England and Wales or Northern Ireland

8 (3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State—
(a) shall consult the ICC before giving directions for the execution of the order,

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

Part 2 Extradition proceedings

Extradition proceedings in Scotland

9 (3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State shall consult the ICC before giving directions for the execution of the order.

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

Part 3 Other delivery proceedings

Delivery proceedings in England and Wales

12 (1) Where—
(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
(b) other delivery proceedings against that person are pending or in progress before a court in England and Wales,
the Secretary of State shall consult the ICC and the relevant International Tribunal.
(2) The Secretary of State shall inform the court of the request and of the outcome of the consultations.

SCHEDULES

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

Part 3 Other delivery proceedings

Delivery proceedings in Scotland

13 (1) Where—
(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
(b) other delivery proceedings against that person are pending or in progress before a court in Scotland,
the Secretary of State shall consult the ICC and the relevant International Tribunal.
(2) The Secretary of State shall inform the Scottish Ministers of the request and of the outcome of the consultations and they shall inform the court.

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

Article 96
Contents of request for other forms of assistance under article 93
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.

This provision follows the ICC Statute.

 

Where an accused applies for bail the Secretary of State is obliged to consult with the ICC, and any replies to these consultations must be fully considered by the court which is requested to grant bail. If a request for arrest or surrender is made in relation to a person already on trial in the UK detailed procedures are contained in Schedule 2 of the ICC Act 2001, including a requirement to consult the court to decide the best course of action. If a request for arrest or surrender is made in relation to a person already involved in extradition proceedings in the UK, detailed procedures contained in Schedule 2 of the ICC Act 2001 apply, including a requirement to consult the court to decide the best course of action.If a request for arrest or surrender is made in relation to a person already involved in delivery proceedings from the UK to another International Tribunal detailed procedures are contained in Schedule 2 of the ICC Act 2001, including a requirement to consult the ICC and the other tribunal to decide the best course of action.