Part 2 Arrest and delivery of persons
Warrants, custody, bail and related matters

20 Discharge of person no longer required to be surrendered

(1) Where the ICC informs the Secretary of State that a person arrested under this Part is no longer required to be surrendered—
(a) the Secretary of State shall notify an appropriate judicial officer of that fact, and
(b) that officer shall, on receipt of the notification, make an order for his discharge.
(2) Where the person was arrested in Scotland, the Secretary of State shall inform the Scottish Ministers who shall notify an appropriate judicial officer.

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.