PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for surrender
46.
Procedure following determination on eligibility or consent to surrender—
(1)This section applies if—
(a)the District Court has determined in accordance with section 43 that a person is eligible for surrender; or
(b)a person has consented to surrender to the ICC in accordance with section 45.
(2)If this section applies, the District Court must—
(a) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 42 of this Act or section 1 84T(3) of the Summary Proceedings Act 1957 pending the surrender of the person to the ICC or the person’s discharge according to law; and
(b)send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit; and
(c)inform a person to whom subsection (1)(a) applies that,—
(i)subject to section 70, the person will not be surrendered until the expiration of 15 days after the date of the issue of the warrant; and
(ii)during that time the person has the right to make an application for a writ of habeas corpus; and
(iii)the person has the right to lodge an appeal under section 67; and
(d)inform a person to whom subsection (1) applies that the Minister must determine whether to issue a surrender order before the person can be surrendered to the ICC; and
(e)inform the person that if a surrender order is made and the person is not removed within 2 months, the person may apply to be discharged under section 74.
(3)If the District Court issues a warrant under subsection (2), the District Court may grant bail to the person in accordance with section 39.
(4)If the District Court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 67.
Cf 1999 No 55 s 46
Provisional arrest - detention pending surrender
Detention pending surrender
EDIT.