PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Appeals against Determinations of Eligibility for Surrender
70. Without limiting section 45, a person whose surrender is sought may, by a waiver in the prescribed form, waive the following rights:
(a) the right to make an application for a writ of habeas corpus within fifteen days after the issue of a warrant of detention; and
(b) the right, in relation to any international crime or crimes for which the High Court has determined that the person is eligible for surrender, to lodge an appeal under this Part.
71. (1) The Court of Appeal shall hear and determine questions of law arising from any case transmitted to it, and do one or more of the following things:
(a) reverse, confirm, or amend the determination in respect of which the case has been stated;
(b) remit the determination to the High Court for reconsideration together with the opinion of the Court of Appeal on the determination;
(c) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard; or
(d) make any other order in relation to the determination that it thinks fit.
(2) In hearing and determining the question or questions of law arising on any case transmitted to it, the Court of Appeal—
(a) shall not have regard to any evidence of a fact or opinion that was not before the High Court when it made the determination appealed against; and
(b) may in the same proceeding hear and deter¬mine any application for a writ of habeas corpus made in respect of the detention of the person whose surrender is sought.
72. (1) If the appeal is against a determination that a person is eligible for surrender, and the Court of Appeal reverses the determination in respect of which the case has been stated, the Court of Appeal shall either—
(a) discharge the person; or
(b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard.
(2) If the appeal is against a determination that a person is eligible for surrender in respect of two or more international crimes, and the Court of Appeal determines that the determination includes an error of law that relates to only one or some of those international crimes, the Court of Appeal may amend the determination and—
(a) discharge the person in respect of that international crime or those international crimes; or
(b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that international crime or those international crimes.
(3) Notwithstanding subsections (1) and (2), if an appeal is against a determination that a person is eligible for surrender, and the Court of Appeal determines that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld.
(4) If the appeal is against a determination that a person is not eligible for surrender, and the Court of Appeal determines that the determination includes an error of law, the Court of Appeal may—
(a) exercise the powers of the High Court under section 46, although subsection (2)(c) of that section does not apply; or
(b) if it remits the determination to the High Court, issue a warrant for the arrest and detention of the person pending the High Court’s reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 69(3) applies to any warrant issued under this paragraph as if the warrant were issued under that section.
(5) Subsections (1), (2) and (4) do not limit section 71.
Appeal of decision on admissibility
EDIT.