Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons
Section 31.—
(1) The Minister may postpone the making of an order under section 30—
(a) until the International Criminal Court has determined any challenge to the admissibility of the case or to its jurisdiction, or
(b) in consultation with the Court, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, until the conclusion or discontinuance of the investigation or proceedings.
(2) If the Minister decides under subsection (1) (b) not to postpone the making of the order, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.
(3) In deciding whether to postpone surrender under subsection (1) (b) the Minister shall have regard to the seriousness of the conduct constituting the offence referred to in that subsection.
(4) (a) This subsection applies on the expiration of a period of postponement mentioned in subsection (1).
(b) The Minister—
(i) if the postponement arises under subsection (1)(a) and the Court has determined that the case is inadmissible or not within its jurisdiction, shall order that the person, if in custody, be released, or
(ii) in any other case, shall, subject to this Part, make an order under section 30 in respect of the person concerned.
(5) In subsection (1) (b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003.
Postponement of execution of ICC request
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