Part 2 Arrest and delivery of persons

Request for transit and unscheduled landing

21 Request for transit

(1) This section applies where the Secretary of State receives a request from the ICC for transit of a person being surrendered by another state.
(2) If the Secretary of State accedes to the request—
(a) the request shall be treated for the purposes of this Part as if it were a request for that person’s arrest and surrender,
(b) the warrant accompanying the request shall be deemed to have been endorsed under section 2(3), and
(c) the person to whom the request relates shall be treated on arrival in the United Kingdom as if he had been arrested under that warrant.
(3) In relation to a case where this section applies—
(a) the reference in section 5(2)(a)(i) to the warrant having been duly endorsed under section 2(3) shall be read as a reference to the Secretary of State having acceded to the request for transit; and
(b) section 12(1) (right to review of delivery order: period for making application) shall have effect as if the reference to 15 days (the period during which directions to execute delivery order are not to be given) were a reference to two days.
(4) A person in transit under this section shall not be granted bail.

22 Unscheduled landing

(1) If a person being surrendered by another state makes an unscheduled landing in the United Kingdom, he may be arrested by any constable and shall be brought before a competent court as soon as is practicable.
(2) The court shall remand him in custody pending—
(a) receipt by the Secretary of State of a request from the ICC for his transit, and
(b) the Secretary of State’s decision whether to accede to the request.
(3) If no such request is received by the Secretary of State before the end of the period of 96 hours beginning with the time of the arrested person’s unscheduled landing—
(a) the Secretary of State shall forthwith notify the court of that fact, and
(b) the court shall, on receipt of the notification, discharge the arrested person.
(4) If the Secretary of State receives such a request before the end of that period, he shall notify the court without delay of his decision whether to accede to the request.
(5) If the Secretary of State notifies the court that he has decided to accede to the request—
(a) the court shall, on receipt of the notification, terminate the period of remand, and
(b) the provisions of section 21 (request for transit) apply with the substitution for the reference in subsection (2)(c) to the time of arrival in the United Kingdom of a reference to the time of notification to the court.
(6) If the Secretary of State notifies the court that he has decided not to accede to the request, the court shall, on receipt of the notification, discharge the arrested person.
(7) In the applications of subsections (3) to (6) to proceedings in Scotland, any duty of the Secretary of State to notify the court shall be read as a duty to notify the Scottish Ministers who shall forthwith notify the court accordingly.

Article 59
Arrest proceedings in the custodial State
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
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

This provision follows the ICC Statute.

A request for transportation throught the UK will be treated by the UK in the same way as a request for arrest and surrender, with necessary modifications to take into account the foreshortened nature of the accused stay in the UK and the fact that antoher national court should have scrutinised the request for arrest and surrender from the ICC.