II. Specific provisions

D. Custody pending surrender, surrender and transit

Article 25
Provisional custody pending surrender

(2) Provisional custody pending surrender may not be ordered or continued when the purposes of custody can be achieved through concurrent imprisonment, pre-trial custody or custody pending extradition. In such a case the Judge of the princely court shall order the amendments to the custodial order which, for the purposes of provisional custody pending surrender, are essential to the International Criminal Court or International Tribunal. In other respects, provisional custody pending surrender shall be subject to the provisions of the Code of Criminal Procedure governing pre-trial custody.

(3) Provisional custody pending surrender may be suspended if the request for surrender and the supporting material are not transmitted within 60 days of the arrest. Release does not preclude renewed arrest and surrender should the request for surrender and the supporting material be transmitted at a later time.

(4) The princely court shall promptly transmit to the Ministry of Justice copies of the orders for the imposition, extension or suspension of provisional custody pending surrender for the purpose of informing the International Criminal Court or International Tribunal through the International Criminal Police Organisation (INTERPOL).

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.