Part 2 Arrest and delivery of persons
Proceedings on request

7 Consent to surrender

(1) A person arrested under this Part may consent to being delivered up into the custody of the ICC or, in the case of a person convicted by the ICC, of the state of enforcement.
This is referred to below as “consent to surrender”.
(2) Consent to surrender may be given—
(a) by the person himself, or
(b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(3) Consent to surrender must—
(a) be given in writing in the prescribed form or a form to the like effect, and
(b)be signed in the presence of a justice of the peace or, in Scotland, a sheriff. The “prescribed form” means that prescribed by Criminal Procedure Rules or, in Scotland, by the High Court of Justiciary by Act of Adjournal.
(4) Where consent to surrender has been given—
(a) a competent court before which the person is brought shall forthwith make a delivery order, and
(b) he shall be taken to have waived his rights under section 12 (right to review of delivery order).
(5) Where consent to surrender has been given, notice of that fact shall be given—
(a) if the person is in custody, to the prison governor, constable or other person in whose custody he is;
(b) if the person is on bail in England and Wales, to the officer in charge of the police station at which he is required to surrender to custody.
(6) For the purposes of subsection (5)(b) notice shall be treated as given if it is sent by registered post, or recorded delivery, addressed to the officer mentioned.

Article 92
Provisional arrest
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.