PART 2
ARREST AND DELIVERY OF PERSONS

Proceedings on request

Request for provisional arrest
7.—(1) This section applies where the Governor receives from the ICC a request for the provisional arrest of a person alleged to have committed an ICC crime or to have been convicted by the ICC.

(2) If it appears to the Governor that application for a warrant should be made in the Territory–

(a) he shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person, and
(b) on an application by a constable stating on oath that he has reason to believe–

(i) that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
(ii) that the person is in, or on his way to, the Territory,
an appropriate judicial officer shall issue a warrant for the arrest of that person.

(3) Omitted

(4) Where an appropriate judicial officer issues a warrant under this section, he shall notify the Governor that he has done so.

(5) In this Part a warrant issued under this section is referred to as a “provisional warrant”.


Dealing with a person arrested under provisional warrant
8.—(1) A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable.

(2) If there is produced to the court a section 2 warrant in respect of that person, the court shall proceed as if he had been arrested under that warrant.

(3) If no such warrant is produced, the court shall remand him pending the production of such a warrant.

(4) Any provision made by Order in Council under paragraph 3 of Schedule 1 to this Act as it applies in the United Kingdom (power to make provision to give effect to Rules of Evidence and Procedure) specifying–

(a) the period for which a person may be so remanded at any time, and
(b) the total period for which a person may be so remanded, shall likewise apply in the Territory.

(5) If at any time when the person is so remanded there is produced to the court a section 2 warrant in respect of him–

(a) the court shall terminate the period of remand, and
(b) he shall be treated as if arrested under that warrant–

(i) if he was remanded in custody, at the time the warrant was produced to the court;
(ii) if he was remanded on bail, when he surrenders to his bail.

(6) If no such warrant is produced to the court before the end of the period of the remand (including any extension of that period), the court shall discharge him.

(7) The fact that a person has been discharged under this section does not prevent his subsequent arrest under a section 2 warrant.

PART 2
ARREST AND DELIVERY OF PERSONS

Supplementary provisions

Delivery up of persons subject to criminal proceedings, &c
28.—(1) Schedule 2 makes provision for cases where the Governor 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 court in the Territory, or who has been dealt with in such proceedings,
(b) against whom extradition proceedings are pending or in progress in the Territory, 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 Territory for a delivery order in connection with proceedings in any other international tribunal.


Documents having effect as warrants, &c
29.—(1) For the purposes of this Part the copy of a warrant issued by the ICC that is transmitted to the Governor shall be treated as if it were the original warrant.

(2) Where facsimile transmission is used—

(a) for the making of a request by the ICC or the transmission of any supporting documents, or
(b) for the transmission of any document in consequence of such a request,

this Part applies as if the documents so sent were the originals of the documents so transmitted. Any such documents shall be receivable in evidence accordingly.

(3) Where the ICC amends a warrant of arrest, the provisions of this Part apply to the amended warrant as if it were a new warrant.

This does not affect the validity of anything done in reliance on the old warrant.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

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 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.