PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Remand and Bail
38. (1) This section shall apply where the High Court orders the detention of a person at any time under this Part.
(2) If the High Court concludes that detaining the person in prison would risk the person's life or health or be undesirable for any reason, the Court may order that the person be held in custody—
(a) at the place where the person is for the time being; or
(b) at any other place that the Court considers appropriate, having regard to the risk or reason involved.
(3) The person may be held as specified in subsection (2) until—
(a) the person can be detained in a prison without risk to that person's life or health;
(b) the reason for not detaining the person in prison no longer applies; or
(c) the person is surrendered or discharged according to law.
(4) In making the order specified in subsection (2), the High Court shall have regard to any recommendations that the ICC may make regarding the place of the person's detention.
EDIT.