United Kingdom of Great Britain and Northern Ireland
Part 2 Arrest and delivery of persons
Proceedings on request
3 Request for provisional arrest
(1) This section applies where the Secretary of State 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 Secretary of State that application for a warrant should be made in England and Wales—
(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 United Kingdom,
an appropriate judicial officer shall issue a warrant for the arrest of that person.
(3) If it appears to the Secretary of State that application for a warrant should be made in Scotland—
(a) he shall transmit the request to the Scottish Ministers who shall instruct the procurator fiscal to apply for a warrant for the arrest of that person, and
(b) on the application by the procurator fiscal, which shall state—
(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, Scotland,
an appropriate judicial officer shall issue a warrant for the arrest of that person.
(4) Where an appropriate judicial officer issues a warrant under this section, he shall notify the Secretary of State and, where the proceedings are in Scotland, the Scottish Ministers that he has done so.
(5) In this Part a warrant issued under this section is referred to as a “provisional warrant”.
4 Dealing with person arrested under provisional warrant
(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) Provision shall be made by Order in Council under paragraph 3 of Schedule 1 (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,
having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of article 92.3.
(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.
Provisional arrest
Provisional arrest for ICC proceedings - national procedures
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