Part 2 Arrest and delivery of persons

Request for transit and unscheduled landing

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 89
Surrender of persons to the Court
3. (d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State
(e) If an unscheduled landing occurs on the territory of the transit State, that State may
require a request for transit from the Court as provided for in subparagraph (b). The transit State
shall detain the person being transported until the request for transit is received and the transit is
effected, provided that detention for purposes of this subparagraph may not be extended beyond
96 hours from the unscheduled landing unless the request is received within that time.

This provision follows the ICC Statute.