PART 2 ARREST AND DELIVERY OF PERSONS
Proceedings on request

2 Request for arrest and surrender

(1) Where the Secretary of State receives a request from the ICC for the arrest and surrender of a person alleged to have committed an ICC crime, or to have been convicted by the ICC, he shall transmit the request and the documents accompanying it to an appropriate judicial officer.
(2) If it appears to the Secretary of State that the request should be considered by an appropriate judicial officer in Scotland, he shall transmit the request and the documents accompanying it to the Scottish Ministers who shall transmit them to an appropriate judicial officer.
(3) If the request is accompanied by a warrant of arrest and the appropriate judicial officer is satisfied that the warrant appears to have been issued by the ICC, he shall endorse the warrant for execution in the United Kingdom.
(4) If in the case of a person convicted by the ICC the request is not accompanied by a warrant of arrest, but is accompanied by—
(a) a copy of the judgment of conviction,
(b) information to demonstrate that the person sought is the one referred to in the judgment of conviction, and
(c) where the person sought has been sentenced, a copy of the sentence imposed and a statement of any time already served and the time remaining to be served,
the officer shall issue a warrant for the arrest of the person to whom the request relates.
(5) In this Part a warrant endorsed or issued under this section is referred to as a “section 2 warrant”.

Part 2 Arrest and delivery of persons

Supplementary provisions

24 Delivery up of persons subject to criminal proceedings, &c
Schedule 2 makes provision for cases where the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person—
(a) against whom criminal proceedings are pending or in progress before a national court, or who has been dealt with in such proceedings,
(b) against whom extradition proceedings are pending or in progress in the United Kingdom, or in respect of whom a warrant or order has been made in such proceedings, or
(c) against whom proceedings are pending or in progress in the United Kingdom for a delivery order under—
(i) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716) , or
(ii) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),
or against whom a delivery order has been made in such proceedings.

SCHEDULES

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

PART 1 CRIMINAL PROCEEDINGS

Proceedings before service court

4 (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) proceedings against that person are pending or in progress before a service court,
the Secretary of State shall inform the court of the request.

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 (1) Where—
(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person,
the Secretary of State shall inform the court of the request.

SCHEDULES

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

Part 2 Extradition proceedings

Extradition proceedings in Scotland

9 (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) extradition proceedings against that person are pending or in progress before a court in Scotland,
the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court.

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,
the Secretary of State shall consult the ICC and the relevant International Tribunal.

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,
the Secretary of State shall consult the ICC and the relevant International Tribunal.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the
custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

This provision is wider than the ICC Statute.

 

Requests for arrest and surrender can be handled urgently as the UK does not need to have a copy of the original warrant in order to act. A fax transmission will suffice. Accompanying evidence transmitted by fax may be admitted as evidence by the court.