United Kingdom of Great Britain and Northern Ireland

The International Criminal Court Act (Overseas Territories) Order 2009

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.

Keywords

Provisional arrest
Request for arrest and surrender



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