'Provisional arrest - detention pending surrender' in document 'UK ICC Act 2001'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2 ARREST AND DELIVERY OF PERSONS
Proceedings on request

4 Dealing with person arrested under provisional warrant

(1) A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable.
(2) If there is produced to the court a section 2 warrant in respect of that person, the court shall proceed as if he had been arrested under that warrant.
(3) If no such warrant is produced, the court shall remand him pending the production of such a warrant.
(4) Provision shall be made by Order in Council under paragraph 3 of Schedule 1 (power to make provision to give effect to Rules of Evidence and Procedure) specifying—
(a) the period for which a person may be so remanded at any time, and
(b) the total period for which a person may be so remanded,
having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of article 92.3.
(5) If at any time when the person is so remanded there is produced to the court a section 2 warrant in respect of him—
(a) the court shall terminate the period of remand, and
(b) he shall be treated as if arrested under that warrant—
(i) if he was remanded in custody, at the time the warrant was produced to the court;
(ii) if he was remanded on bail, when he surrenders to his bail.
(6) If no such warrant is produced to the court before the end of the period of the remand (including any extension of that period), the court shall discharge him.
(7) The fact that a person has been discharged under this section does not prevent his subsequent arrest under a section 2 warrant.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.