PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Surrender and Temporary Surrender
43.
(3) The Minister shall not make a surrender order in respect of a person until the later of the following times—
(a) until the expiration of fifteen days after the date of
the issue of the warrant of detention of that person
under section 42 (2) (a); or
(b) if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered.
(4) Nothing in subsection (3) shall apply to -
(a) a person who has consented to surrender under section 41, whether before the High Court or subsequently by notice to the Minister; or
(b) a person to whom section 39 applies but who has, in accordance with section 65, notified the Minister that he has waived -
(i) the right to make an application for a writ of habeas corpus within fifteen days after the date of the issue of the warrant; and
(ii) the right, in relation to every international crime for which the High Court has determined that the person is eligible to be surrendered, to lodge an appeal under section 63; or
(c) a person who the High Court determines is eligible for surrender for two or more inter-national crimes and who, under section 65, has waived—
(i) the right to make an application for habeas corpus within fifteen days after the date of the issue of the warrant; and
(ii) the right, in relation to only one or some of those international crimes, to lodge an appeal under section 63,
if the ICC withdraws its request for the surrender of the person for the international crime or crimes to which the waiver does not relate.
(5) If the Minister makes a surrender order in respect of a person described in section 4 (2), the Minister may arrange for any approvals, authorities, and permissions that may be needed to be obtained before surrender, including the variation, cancellation, or suspension of the sentence, or of any conditions of the sentence.
(6) Subject to section 44, once the Minister has made a surrender order, the Minister shall ensure that the person is delivered up to the ICC without delay in accordance with this Act and any applicable ICC Rules.
EDIT.